Political Science · Political Institutions in India
UGC NET July 2018 Political Science
Which of the following is not true about the amendment of the Constitution under Article 368?
AThe Bill may be introduced in either House of Parliament
BThe Bill must be passed by special majority (2/3rd present and voting and more than 50% of the total membership)
CIn case of disagreement between the Houses joint sitting may be called ✓ Correct
DThe President is bound to give assent to the Bill duly passed and ratified
Correct answer: (C) In case of disagreement between the Houses joint sitting may be called — There is no provision for a joint sitting to resolve a deadlock over a Constitution Amendment Bill, so that statement is not true and is the answer.
Explanation
★There is no provision for a joint sitting to resolve a deadlock over a Constitution Amendment Bill, so that statement is not true and is the answer.
★A Constitution Amendment Bill under Article 368 may be introduced in either House of Parliament, which makes that statement true.
★It must be passed in each House by a special majority, that is a majority of the total membership of the House and two-thirds of the members present and voting.
★The joint sitting mechanism under Article 108 applies only to ordinary bills, not to amendment bills, so a deadlock between the Houses cannot be resolved that way.
★After the 24th Amendment, 1971, the President is bound to give assent to a Constitution Amendment Bill and can neither withhold it nor return it.
★Some amendments, such as those affecting federal provisions, additionally require ratification by the legislatures of at least half of the States.
★A Constitution Amendment Bill can be introduced by a minister or a private member and does not need the prior recommendation of the President.
★For NET, remember that Article 368 covers special-majority and special-majority-plus-ratification amendments, while certain changes need only a simple majority and lie outside Article 368.
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