Under the Provisions of the Article 368(2) of the Constitution of India, if a bill comes to Rajasthan Legislative Assembly after passing by Parliament of India for resolution to rectify, then A. Resolution can be passed by Assembly. B. Resolution can be rejected by Assembly. C. No Amendment shall be proposed to such a resolution. Select the correct answer using code given below :

Question

Under the Provisions of the Article 368(2) of the Constitution of India, if a bill comes to Rajasthan Legislative Assembly after passing by Parliament of India for resolution to rectify, then  A. Resolution can be passed by Assembly. B. Resolution can be rejected by Assembly. C. No Amendment shall be proposed to such a resolution. Select the correct answer using code given below :

Accepted Answer

D. (A), (B) and (C). There are three types of amendment methods in the Indian Constitution: 1. By a simple majority of the Parliament: (Provisions outside Article 368) ● Admission, formation, name and boundaries of new states ● Establishment/Abolition of State Legislative Council ● Second Schedule (Salaries/Allowances) ● quorum of parliament ● Citizenship, Elections, Language, Schedules (5th and 6th) ● Provisions relating to Union Territories (Under Article 368) 2. By a special majority of the Parliament- Article 368(2) ● By a special majority of Parliament - Article 368(2) ● Majority of the total membership of the House. ● A two-thirds ( ) majority of those present and voting. ○ Both the above conditions must be met. ● Uses: ○ Changes to the Fundamental Rights and Directive Principles of State Policy. PYQ’s Solution English 1 ○ Constitutional amendments under Article 368. ○ Article 169: Creation and abolition of the Legislative Council. ○ Article 352: Approval of a national emergency. ○ Article 148: Removal of the CAG. ○ Article 124(5): Removal of Supreme Court judges. ○ Article 217(1): Removal of High Court judges. 3. By a special majority of Parliament + recommendation of half the states: (Related to the federal structure) - Article 368(2) ● Majority of the total membership of the House. ● A two-thirds ( ) majority of those present and voting. ● Ratification by a simple majority of the Legislative Assemblies of half the states. ○ The Legislative Assembly may pass a resolution ratifying a constitutional amendment. ○ The Legislative Assembly may reject the resolution. ○ No amendment may be proposed to such a resolution. ● Uses: ○ Article 54: Electoral College of the President. ○ Article 55: The electoral system of the President. ○ Extent of executive powers of the Union and the States. ○ Subjects to be altered in the lists of the Seventh Schedule. ○ Articles 245–255: Legislative relations between the Union and the States. ○ Part V (Articles 124–147): Provisions relating to the Supreme Court. ○ Part VI (Articles 214–231): Provisions relating to the High Courts. ○ Article 241: High Courts for Union Territories. ○ Article 279(A): The GST Council. ○ Representation of the States in Parliament. ○ Amendment to Article 368 itself. Note : Only two laws come under Article 368. The first law, even though it acts as an amendment, is not considered a constitutional amen PYQ’s Solution English 1 Fundamental Duties