Identify the incorrect statement regarding Constitutional Amendments in India

Question

Accepted Answer

The correct option is 3:

The incorrect statement regarding Constitutional Amendments in India is "Article 368 mentions three methods to amend the Constitution." This statement is factually inaccurate. Article 368 of the Indian Constitution, which deals specifically with the power of Parliament to amend the Constitution and the procedure therefor, explicitly mentions only **two** methods of amendment. The first method is amendment by a special majority of Parliament (a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting). The second method is amendment by a special majority of Parliament plus ratification by half of the State Legislatures. The Constitution is also amended by a simple majority of Parliament (changes like creation of new states or alteration of names/boundaries), but these are explicitly kept outside the purview of Article 368 and are not counted as amendments under Article 368 itself. Thus, stating that Article 368 mentions three methods is the incorrect statement.

The incorrect option is 1:

The statement "Such Amendment Bill can be introduced in either House of Parliament" is correct. According to Article 368, a bill for the amendment of the Constitution can be initiated in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). There is no requirement for it to be introduced only in the Lower House, unlike in the case of Money Bills. Furthermore, the bill does not require the prior permission of the President before introduction.

The incorrect option is 2:

The statement "The President is bound to sign the Amendment Bill, when passed" is correct. This obligation was established by the 24th Constitutional Amendment Act of 1971. Before this amendment, there was ambiguity regarding the President's power over Constitutional Amendment Bills. The 24th Amendment made it explicitly clear by inserting a clause that states the President must give his assent to the Bill, meaning the President can neither withhold the Bill nor return it for reconsideration.

The incorrect option is 4:

The statement "First Constitutional Amendment was passed by Uni-Cameral Parliament" is correct, based on historical context. The First Constitutional Amendment Act was passed in 1951. At this time, the Provisional Parliament of India was functioning. This body was essentially unicameral, as the Constituent Assembly, which acted as the Provisional Parliament, included members from both the Lok Sabha and Rajya Sabha (which were established later in 1952), but it did not function in the bicameral structure as fully defined after the 1952 elections. Therefore, historically, the Provisional Parliament which passed the first amendment is considered unicameral in nature for the purpose of legislative functioning.