Question

Consider the following statements regarding the amendment to the Constitution of India:

1. Amendments can be initiated by both the ministers and the private members.

2. Joint sitting can be initiated to resolve a deadlock on the issue of Constitutional amendment.

3. 42nd Constitutional Amendment Act, made it mandatory for the President to give assent to the Constitutional Amendment Bills.

4. Rajya Sabha has equal powers with respect to Lok Sabha in case of Constitutional Amendment Bills.

Select the incorrect answer from the codes given below:

A 1 and 4 only Correct Answer Incorrect Answer
B 2 and 3 only Correct Answer Incorrect Answer
C 2 and 4 only Correct Answer Incorrect Answer
D 3 only Correct Answer Incorrect Answer

Solution

● Statement 1 is correct: The amendment to the Constitution can be initiated both by the ministers or the private members. ● Statement 2 is incorrect: There is no provision of joint sitting to resolve the deadlock in case of constitutional amendment bills. However, the provision of joint sitting exists in case of ordinary bills. It is convened by the President and presided over by the Speaker, Lok Sabha. ● Statement 3 is incorrect: The President must give his assent to the Constitutional Amendment Bill and must not withhold or return such bills. This provision was added by the 24th Constitutional Amendment Act, 1971 and not by the 42nd Constitutional Amendment Act, 1976. ● Statement 4 is correct: The Rajya Sabha enjoys equal power with the Lok Sabha in case of Constitutional Amendment Bills. Such bills must be passed with the special majority (majority of the total membership + majority of two-thirds of the members present and voting) in both Lok Sabha and Rajya Sabha. Also, a Constitutional Amendment Bill can be introduced in any of the Houses i.e. either the Lok Sabha or the Rajya Sabha.

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