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Consider the following statements: 1. A bill amending the Constitution requires a prior recommendation of the President of India. 2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent. 3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting. Which of the statements given above are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
Answer & Solution
Correct answer: B. 2 and 3 only
Answer: B. Statements 2 and 3 are correct; Statement 1 is wrong. Statement 1 is WRONG. A Constitution Amendment Bill does NOT require prior recommendation of the President. Unlike Money Bills (Article 117(1)) which need presidential recommendation for introduction, constitutional amendment bills under ARTICLE 368 can be introduced by any MP without such recommendation in either House. Statement 2 is CORRECT. The 24th Constitutional Amendment Act 1971 made it OBLIGATORY for the President to give assent to a Constitution Amendment Bill duly passed by both houses. The President cannot withhold assent or return it for reconsideration. This removed the discretion the President had earlier under Article 111. Statement 3 is CORRECT. A Constitution Amendment Bill must be passed by EACH House SEPARATELY by SPECIAL MAJORITY (two-thirds of members present and voting, plus majority of total membership of that house). NO joint sitting provision exists under Article 368 to resolve disagreement between the houses (unlike ordinary bills under Article 108). If both houses do not pass, the bill fails. Source: Article 368 of Constitution / 24th Amendment Act 1971 / NCERT Class 11 Indian Constitution at Work Ch 9.
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