Which one of the following statements with regard to the Amendment of the Constitution of India is *not* correct ?
An Amendment Bill may be introduced in either House of the Parliament.
The Amendment Bill must be passed by at least two-third of the members of each House present and voting.
The State Legislatures are not required to ratify an Amendment Bill.
The President of India cannot return an Amendment Bill for reconsideration.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2017
Statement A is correct: An Amendment Bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
Statement B is correct: An Amendment Bill requiring special majority must be passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. The statement correctly reflects the ‘present and voting’ part of this requirement.
Statement D is correct: As per Article 368 and the 24th Constitutional Amendment Act, 1971, the President is obligated to give his assent to a Constitution Amendment Bill passed by Parliament. He cannot withhold or return it for reconsideration.
Statement C is incorrect: State Legislatures are required to ratify an Amendment Bill if the amendment seeks to change certain provisions relating to the federal structure of the Constitution, such as the election of the President, the extent of the executive or legislative powers of the Union and the States, the Supreme Court and the High Courts, distribution of legislative powers, representation of States in Parliament, or Article 368 itself. This ratification requires resolutions by not less than one-half of the State Legislatures. Therefore, it is not correct to say that State Legislatures are *not* required to ratify an Amendment Bill; they are required in specific cases.