Question

Which of the following statements is/are correct concerning Constitutional Amendment?

1. An amendment to the Constitution of India can be initiated by an introduction of a bill in any house of the Parliament.

2. State Legislature cannot initiate an amendment to the Constitution.

3. Article 368 of the Indian Constitution provides for three types of Amendment.

1. 1 and 2 only
2. 2 and 3 only
3. 3 only
4. 1, 2 and 3

Answer 1

Correct Answer - Option 1 : 1 and 2 only

The correct answer is 1 and 2 only.

The constitution can be amended by:

• By a simple majority.
•  Article 368 of Part XX of the Indian Constitution provides for two types of amendments,

1. By a special majority of Parliament.
2. By a special majority of the Parliament with the ratification by half of the total states.

By Simple Majority of Parliament

• Formation of new states and alteration of areas, boundaries, or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule - emoluments,
• Allowances, privileges, and so on of the president, the governors, the Speakers, judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members, and its committees.
• Use of the English language in Parliament.
• A number of judges in the Supreme Court.
• Citizenship acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories
• Fifth Schedule-administration of scheduled areas and scheduled tribes.
• Sixth Schedule-administration of tribal areas.

Special Majority

• Fundamental Rights.
• Directive Principles of State Policy.
• All other provisions are not covered by the first and third categories.

Special Majority and Ratification by half of the States:

• Election of the President and its manner.
• The extent of the executive power of the Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers between the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and its procedure (Article 368 itself).