Consider the following statements : 1. The Amendment procedure has b

Consider the following statements :

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1. The Amendment procedure has been provided in Article 368 of the Constitution of India.
2. The consent of the States is mandatory for all Amendments to the Constitution of India.

Which of the statements given above is/are correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-1 – 2016

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Statement 1 is correct as Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution and the procedure for doing so. Statement 2 is incorrect because the consent of the States is not mandatory for *all* amendments, but only for those affecting certain provisions related to the federal structure.

– Article 368 outlines two methods of amendment: by a special majority of Parliament (2/3rd of members present and voting, supported by more than 50% of total membership) and by a special majority of Parliament plus ratification by the legislatures of not less than one-half of the States.
– Amendments requiring state ratification include changes related to the election of the President, extent of executive power of the Union and States, Supreme Court and High Courts, distribution of legislative powers, representation of States in Parliament, and Article 368 itself.
– Many provisions can be amended by a special majority of Parliament alone.

The Constitution of India is considered both rigid and flexible due to the different methods of amendment specified in Article 368, as well as provisions that can be amended by a simple majority (though technically not considered amendments under Article 368).

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