Which of the following statements regarding the procedure of Constitutional Amendment in India is correct? a. The Constitution of India provides for only one method of amendment under Article 368. b. The amendment process in India is more rigid than in the United States.
Answer (1)
The procedure of Constitutional Amendment in India is a crucial aspect of its legal and political framework. Understanding this process helps us appreciate how changes to the Constitution can be made to address evolving needs while maintaining fundamental principles.
Let's examine the statements provided:
a. The Constitution of India provides for only one method of amendment under Article 368: This statement is incorrect . Article 368 of the Indian Constitution outlines the amendment procedure, and it's essential to note that the Constitution provides for multiple methods of amendment. These include:
Amendments by a simple majority of the Parliament - These do not fall under the scope of Article 368 and are used for matters like changing state names.
Amendments by a special majority of the Parliament - This requires a two-thirds majority of the members present and voting, which must be greater than 50% of the total membership of each House. This is often used to amend most provisions of the Constitution.
Amendments requiring ratification by at least half of the state legislatures - Some amendments need not only a special majority in Parliament but also approval from at least half of the state legislatures (e.g., changes affecting the federal structure).
b. The amendment process in India is more rigid than in the United States: This statement requires a nuanced understanding. The amendment process in India contains elements of both rigidity and flexibility, depending on the provisions being amended. In contrast, the amendment process for the U.S. Constitution is known to be quite rigid because it requires a proposal by two-thirds of both houses of Congress and ratification by three-fourths of the states.
Comparatively, India's process can be more flexible because it allows certain amendments to be made by a simple majority or a special majority without state ratification. Thus, the rigidity is not inherently greater; it varies based on the specific constitutional provision in question.
In conclusion, option (a) is incorrect because multiple methods exist, and option (b) oversimplifies the comparison by suggesting India’s process is uniformly more rigid, which is not the case.
