Consider the following statements regarding Constitutional Amendment:

Question

Consider the following statements regarding Constitutional Amendment:

i. A Constitutional amendment bill can be introduced in either house of Parliament.

ii. This power is considered Parliament's Constituent Power rather than its legislative power.

iii. Constitutional amendments are not subject to judicial review.

Which of the above statements is/are correct?

1. A. i only
2. B. ii only
3. C. i and ii only (Correct answer)
4. D. i, ii, and iii

Correct Answer

Option C — i and ii only

Detailed Solution & Explanation

The correct answer is i and ii only.

Key Points

• Statement i is correct. A Constitutional amendment bill can be introduced in either House of Parliament. There is no requirement that it begin in the Lok Sabha.
• Statement ii is correct. The power to amend under Article 368 is Parliament's constituent power, distinct from its ordinary legislative power — a distinction the Supreme Court has repeatedly relied on.
• Statement iii is incorrect. Constitutional amendments are subject to judicial review. Since ***Kesavananda Bharati* (1973), an amendment can be struck down if it damages or destroys the basic structure** of the Constitution.

Additional Information

• The procedure under Article 368:
  • A bill may be introduced in either House, by a minister or a private member, and needs no prior permission of the President.
  • It must be passed in each House separately by a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
  • There is no provision for a joint sitting in case of disagreement — the bill simply fails.
  • Amendments touching the federal provisions additionally require ratification by the legislatures of half the states, by simple majority.
  • The President must give assent — the 24th Amendment Act, 1971 made assent obligatory.
• Three kinds of amendment exist in practice: by simple majority outside Article 368 (creating new states, altering state boundaries, abolishing legislative councils), by special majority, and by special majority plus state ratification.
• Amendments requiring state ratification include the election of the President, the extent of the executive power of the Union and states, the Supreme Court and High Courts, distribution of legislative powers, the Seventh Schedule, representation of states in Parliament, and Article 368 itself.
• The basic structure doctrine has been used to strike down parts of amendments in *Indira Nehru Gandhi v. Raj Narain* (1975), *Minerva Mills* (1980) and *Waman Rao* (1981), and to invalidate the 99th Amendment and the NJAC Act in 2015.