Article 368 in Part XXI of the constitution deals with the powers of Parliament to amend the constitution.
There is no provision of joint sitting.
The President can withhold his assent to the bill.
Which of the statements given above is/are correct? Answer:
Only 2
Notes:
Article 368 in Part XX of the constitution deals with the powers of Parliament to amend the constitution
Constitutional Amendment Bill can be introduced in either house of the Parliament. The bill can be introduced either by a minister or by a private member and does not require the permission of the President. The bill must be passed in each house by a special majority. Each house must pass the bill separately. If there is any disagreement, there is no provision for joint sitting of the houses. If the bill seeks to amend the provisions of the constitution, it must be ratified by the legislatures of half of the states by a simple majority. After passage of the bill by both the houses, it is presented to the President for his assent. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
A number of provisions in the constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Art 368. These provisions include:
Admission or establishment or formation of new states and alteration of areas, boundaries or names of existing states, Abolition or creation of legislative councils, Second schedule, Quorum in Parliament, Salaries and allowances related to Parliament etc requires simple majority of the Parliament.
Provisions related to the Fundamental Rights, DPSP and all other provisions which are not covered by the above categories require special majority of Parliament.
Election of the President, Extent of the executive power of the Union and the states, Supreme Court and high courts, Distribution of legislative powers between the states and the union, any of the lists in seventh schedule etc requires special majority of Parliament and consent of states.