Article 368 Amendment Special Majority
To amend the Constitution under Article 368, both Houses of Parliament must pass the bill with a Special Majority. If the amendment alters federal structures, it additionally requires ratification by at least half of the state legislatures.
Primary Reference: Standard Educational Reference
Target: UPSC Civil Services Examination
Updated:
Difficulty
Medium
Skill Tested
Conceptual Clarity
Analyze the procedural constraints placed on the Union Parliament when amending the Constitution under Article 368:
1. A constitutional deadlock between the Lok Sabha and Rajya Sabha can be resolved via a joint sitting summoned by the President.
2. Alterations to the federal distribution of powers mandate unanimous ratification by every state legislature.
3. Passage of the bill necessitates the affirmative vote of two-thirds of members present and voting, alongside an absolute majority of total membership.
Detailed Solution & Context
Evaluate the following Assertion and Reason regarding federal amendments:
1. Assertion (A): If a constitutional amendment seeks to modify the legislative lists in the Seventh Schedule, Parliament's special majority alone is insufficient to pass the bill.
2. Reason (R): Article 368(2) dictates that any amendment altering the distribution of powers must be ratified by at least half of the state legislatures by a simple majority.
Detailed Solution & Context
A controversial Constitutional Amendment Bill altering the election process of the President is introduced. It passes the Lok Sabha with a special majority but is rejected by the Rajya Sabha. The Prime Minister requests the President to convene a joint sitting to bypass the upper house. Simultaneously, 40% of the state legislatures vote to ratify the bill. What is the constitutional fate of this amendment?
1. The bill passes because the joint sitting will allow the Lok Sabha's numerical advantage to prevail.
2. The bill fails because joint sittings are prohibited, and even if passed, it lacks ratification by 50% of the states.
3. The bill passes because only 1/3rd of the states are required for ratification of executive elections.
4. The bill fails because Presidential elections require unanimous consent from all states.
Detailed Solution & Context
How many of the following procedural rules apply to an amendment bill modifying the distribution of powers?
1. The bill must secure a simple majority in Parliament before being sent to the states.
2. The bill requires formal consent from a minimum of fifty percent of the state assemblies.
3. The state assemblies must ratify the bill using a special majority identical to Parliament's.
Detailed Solution & Context
🚨 The Examiner's Trap
Candidates often misapply the 'all states' logic instead of 'half the states' or assume that joint sittings (valid for ordinary bills) apply to amendment bills.
⚡ Quick Revision
Concept Flow Mapping
Logic Quest
"If the Lok Sabha and Rajya Sabha disagree on a Constitutional Amendment Bill, can the President summon a joint sitting?"
Topic Clusters