Question

Under the Provisions of the Article 368(2) of the Constitution of India, if a bill comes to Rajasthan Legislative Assembly after passing by Parliament of India for resolution to rectify, then

(A) Resolution can be passed by Assembly.

(B) Resolution can be rejected by Assembly.

(C) No Amendment shall be proposed to such a resolution.

Select the correct answer using code given below:

1. (A) only
2. (B) and (C)
3. (A) and (C)
4. (A), (B) and (C)

Answer 1

Correct Answer - Option 4 : (A), (B) and (C)

The correct answer is Option 4.

• Under the provisions of Article 368(2) of the Constitution of India, if a bill comes to Rajasthan Legislative Assembly after passing by the Parliament of India for the resolution to rectify, then
  • Resolution can be passed by Assembly.
  • Resolution can be rejected by Assembly.
  • No Amendment shall be proposed to such a resolution.
  • Hence all the statements are correct.

 

• Article 368: Power of Parliament to amend the Constitution and Procedure therefore:
  • Notwithstanding anything in this Constitution, Parliament may in the exercise of its constituent power amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
  • An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House 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, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.
  • Nothing in Article 13 shall apply to any amendment made under this article.
  • No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any ground.
  • For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.
• Provided that if such amendment seeks to make any change in –
  • Article 54, article 55, article 73, article 162, article 241 or article 279A or Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or any of the Lists in the Seventh Schedule, or the representation of States in Parliament, or the provisions of this article.
  • The amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.