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Zorluk: ZorUnion Legislature: Parliament Structure, Lawmaking, and Committees

Arrange the following procedural stages in the correct sequential order as mandated under Article 368 of the Constitution of India for the enactment of a Constitutional Amendment Bill that relates to federal provisions:

  1. 1Introduction of the Bill in either House of Parliament without requiring the prior permission or recommendation of the President.
  2. 2Passing of the Bill in each House of Parliament separately by a special majority (a majority of total membership and a two-thirds majority of members present and voting).
  3. 3Ratification of the Bill by the legislatures of not less than one-half of the States by resolutions passed by simple majority.
  4. 4Presentation of the Bill to the President of India, who is constitutionally bound to give assent under the 24th Constitutional Amendment Act, 1971.

Cevap

The correct chronological sequence for passing a federal constitutional amendment bill under Article 368 is: 1) Introduction in either House without prior presidential recommendation, 2) Passage in each House separately by a special majority, 3) Ratification by at least half of the State Legislatures by simple majority, and 4) Mandatory Presidential assent.
Under Article 368, the legislative path begins with introduction in either House without prior presidential consent, followed by separate passage in both Lok Sabha and Rajya Sabha by special majority. For amendments affecting federal provisions, ratification by simple majority in at least 50% of State Legislatures must take place prior to presentation to the President. Finally, the President is constitutionally obligated to assent under Article 368(2).

Adım Adım Çözüm

1
Identify the initiation phase of a Constitutional Amendment Bill under Article 368.
The bill is introduced in either House of Parliament and does not require prior recommendation from the President.
Constitutional Amendment Bills differ from Financial and Money Bills as prior executive approval is not required.
2
Determine the parliamentary approval threshold and procedure.
The bill must be passed by each House separately by a special majority (majority of total membership and 2/3 of members present and voting).
Article 368 requires independent majority consensus in both Houses, making joint sittings inapplicable under Article 108.
3
Evaluate the requirement for state ratification for federal provisions.
For provisions impacting federal structure, the bill must be ratified by resolutions in at least half of the State Assemblies by a simple majority before presidential presentation.
Article 368(2) proviso guarantees state participation in amending federal provisions of the Constitution.
4
Identify the final presidential assent stage.
The President must give assent to the Bill once presented after procedural completion.
The 24th Constitutional Amendment Act of 1971 made presidential assent obligatory for constitutional amendment bills under Article 368.

Anahtar Kavram

Procedure for Constitutional Amendment under Article 368 involving Federal Provisions
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