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Difficulty: MediumUnion Legislature: Parliament Structure, Lawmaking, and Committees

Consider the following statements regarding the legislative procedure for passing a Constitutional Amendment Bill under Article 368 of the Constitution of India:

1. Prior recommendation of the President is required for introducing the bill in either House of Parliament.
2. In case of a disagreement between the Lok Sabha and the Rajya Sabha, the President can summon a joint sitting of both Houses.
3. The President is constitutionally bound to give assent to the bill once it is passed by both Houses in accordance with the prescribed procedure.

Which of the statements given above is/are correct?

  1. 3 onlyAnswer
  2. B
    1 and 2 only
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Answer

Only statement 3 is correct.
The statement specifying '3 only' is correct. Under Article 368 of the Constitution of India, a Constitutional Amendment Bill does not require the prior recommendation of the President for introduction. Furthermore, if a disagreement occurs between the Lok Sabha and the Rajya Sabha, there is no constitutional mechanism for a joint sitting. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give assent to a Constitutional Amendment Bill once it is passed by both Houses.

Step-by-Step Solution

1
Analyze Statement 1 regarding prior recommendation of the President.
Under Article 368, a Constitutional Amendment Bill can be introduced in either House of Parliament by any minister or private member without requiring the prior recommendation of the President.
Prior presidential sanction is required for Money Bills and certain Financial Bills under Article 117(1), but not for Constitutional Amendment Bills.
2
Analyze Statement 2 regarding joint sitting in case of a deadlock.
Article 108 provides for a joint sitting only for Ordinary Bills and Financial Bills. There is no provision for a joint sitting of Parliament to resolve a disagreement over a Constitutional Amendment Bill under Article 368.
Each House must pass the Constitutional Amendment Bill independently by the required special majority; failure by either House leads to the defeat of the bill.
3
Analyze Statement 3 regarding Presidential assent.
The 24th Constitutional Amendment Act, 1971 amended Article 368(2) to state that the President 'shall give his assent', making it obligatory for the President to assent to a Constitutional Amendment Bill once passed by Parliament.
The President cannot withhold assent or return a Constitutional Amendment Bill for reconsideration.

Key Concept

Procedure for Constitutional Amendment Bills under Article 368
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Topics

Union Legislature: Parliament Structure, Lawmaking, and Committees

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