| Regarding Constitutional Amendments |
| I. the provision of joint sitting is not available. |
| II. They become operative from the date both Houses have passed the Bills. |
| III. The President's assent to a constitutional amendment is obligatory. |
| IV. Parliament may amend any part of the Constitution' according to the procedure laid down in Art 368. Choose the correct answer from the codes given below: |
A) I, II and III
B) I, III and IV
C) II, III and IV
D) above all
Correct Answer: B
Solution :
[b] Article 368 deals with amendment procedure of the Constitution. A Bill for the purpose of amendment of the Constitution could be initiated in either house of Parliament and not in any state legislature. The Constitution lays down three different procedures for the amendment of various provisions of the Constitution. 1) Certain provisions of the Constitution can be amended by the Parliament by simple majority. These include provisions relating to the creation of new states, reconstitution of existing states, creation or abolition of upper chambers in the state legislatures etc. (2) The provisions that effect federal structure could be amended only if they are passed in each House [a] by a, majority of the total membership of that House and [b] by a majority of not less than two- thirds of the members of that House present and voting, and [c] thereafter ratified by the legislature of not less than one half of the states by resolutions to that effect passed by those legislatures before the bill was presented to the President for assent. Provisions that can be amended, this way, include election of the President, powers of the Union and state executive, Union judiciary. High courts, amendment procedure etc. (3) But a major portion of the Constitution can be amended by the special majority, i.e. [a] a majority of total membership of each house and [b] by a majority of not less than two-thirds of the members of that house present and voting.
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