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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2022, Q31

Contents13
UPSC Prelims GS2022Indian Polity
  1. A1 and 2 only
  2. B2 and 3 only
  3. C1 and 3 only
  4. D1, 2 and 3
Show answer

Answer: (B) 2 and 3 only

The answer is (B) Statements 2 and 3 only.

Statement 1 is WRONG:
A Constitution Amendment Bill does NOT need the President's prior permission.
Any MP can introduce it directly in either House.
This is different from Money Bills.

Statement 2 is CORRECT:
After both Houses pass it, the President MUST give assent.
He cannot refuse or send it back.
The 24th Amendment (1971) made this clear.
No veto power here.

Statement 3 is CORRECT:
Each House must pass it separately with a special majority (50%+ of total membership AND 2/3rd of those present and voting).
If one House passes and the other doesn't, the bill fails.
NO joint sitting provision exists for Constitutional Amendments.

Why this was asked

Constitutional amendment procedure under Article 368 requires both Houses to pass separately with special majority, and the President cannot refuse assent once both Houses approve.

The 24th Constitutional Amendment (1971) specifically removed the President's power to withhold assent from constitutional amendments, making presidential approval mandatory.

UPSC tests whether students confuse constitutional amendment rules with ordinary bill procedures, especially regarding presidential recommendation and joint sittings.

Constitutional Amendment Procedure

Indian Polity Constitution Amendment Bill Article 368 special majority

Constitutional Amendment Procedure: Article 368 & Key Rules

Must know

Amendment bills need no prior presidential permission to introduce

President must give assent to passed amendment bills - no veto power

Both Houses must pass separately with special majority - no joint sitting

Special majority = 50%+ total strength AND 2/3rd present & voting

Article 368 governs constitutional amendments in India. Unlike ordinary bills, amendment bills follow special rules that balance flexibility with constitutional stability.

Amendment vs Ordinary Bills

Aspect

Constitutional Amendment

Ordinary Bill

Introduction

No presidential permission needed

No presidential permission needed

Passage Required

Both Houses separately

Both Houses (joint sitting possible)

Majority Required

Special majority

Simple majority

Presidential Assent

Mandatory - no veto

Can refuse or return once

Joint Sitting

Not allowed

Allowed for deadlocks

Amendment Process Steps

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Introduction**
Any MP introduces in either House - **no presidential permission**`"]
  s2["`**First House Passage**
Must get **special majority** (50%+ total + 2/3rd present)`"]
  s3["`**Second House Passage**
Must get **special majority** - if fails, bill dies`"]
  s4["`**Presidential Assent**
President **must give assent** - cannot refuse or return`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4

Special Majority Formula

50%+ of total strength of each House (not just those present)

2/3rd majority of members present and voting in that House

Both conditions must be satisfied simultaneously

Lok Sabha total strength = 545, Rajya Sabha = 245 (varies slightly)

24th Amendment (1971) made presidential assent mandatory

Question Connection

This 2022 UPSC question tested the three key misconceptions: presidential permission (not needed), presidential veto (not allowed), and joint sitting (not possible). Statement 1 was the trap - students often confuse amendment bills with Money Bills.

Exam traps

Trap: Confusing amendment bills with Money Bills (which need presidential recommendation)

Trap: Thinking President can refuse assent like with ordinary bills

Trap: Assuming joint sitting can resolve deadlocks (not allowed for amendments)

Trap: Forgetting both conditions of special majority must be met together

Trap: Mixing up Article 368 (amendments) with Article 109 (Money Bills)

Presidential Powers Over Bills

Indian Polity President of India assent veto power

Presidential Powers: Assent, Veto & Special Cases

Must know

President has absolute veto (refuse) and suspensive veto (return once) for ordinary bills

No veto power over Constitutional Amendment Bills - assent is mandatory

Money Bills cannot be returned - only absolute veto possible

Good to know

Pocket veto - indefinite delay by taking no action

Presidential Veto Powers by Bill Type

Bill Type

Absolute Veto

Suspensive Veto

Pocket Veto

Special Rule

Ordinary Bills

✓ Can refuse

✓ Return once

✓ Delay indefinitely

If returned & re-passed, must sign

Money Bills

✓ Can refuse

✗ Cannot return

✓ Delay indefinitely

Rajya Sabha has no role

Constitutional Amendment

✗ Must sign

✗ Cannot return

✗ Cannot delay

24th Amendment made assent mandatory

State Bills

✓ Can refuse

✓ Return once

✓ Delay indefinitely

Governor sends to President

Why No Veto on Amendments?

Constituent power belongs to Parliament, not President

President is part of Parliament but not supreme over it

24th Amendment (1971) specifically removed presidential discretion

Prevents deadlock between elected legislature and appointed President

Kesavananda Bharati case upheld this parliamentary supremacy in amendments

Types of Presidential Veto

# Presidential Veto Powers
## Absolute Veto
- Refuses to sign
- Bill dies permanently
- Used rarely
- No constitutional obligation
## Suspensive Veto
- Returns bill once
- Parliament can re-pass
- Must sign if re-passed
- Cannot return again
## Pocket Veto
- Takes no action
- Bill remains pending
- Indefinite delay
- Used to pressure Parliament
Exam traps

Trap: Assuming President has same powers over all bill types

Trap: Confusing Money Bills (can't return) with ordinary bills (can return once)

Trap: Forgetting 24th Amendment removed presidential veto on constitutional amendments

Trap: Thinking pocket veto means permanent rejection (it's just delay)

Joint Sitting of Parliament

Indian Polity joint sitting Lok Sabha Rajya Sabha

Joint Sitting of Parliament: When & Why

Must know

Joint sitting resolves deadlocks between Lok Sabha and Rajya Sabha

Not allowed for Constitutional Amendment Bills

President convenes joint sitting on advice of government

Good to know

Only 4 joint sittings held since 1950

Article 108 provides for joint sitting when the two Houses cannot agree on a bill. This mechanism ensures Lok Sabha's primacy in legislation while respecting bicameralism.

When Joint Sitting Can/Cannot Be Called

Bill Type

Joint Sitting Allowed?

Reason

Alternative Resolution

Ordinary Bills

✓ Yes

Resolve House deadlock

Simple majority in joint sitting

Money Bills

✗ No

Rajya Sabha has no veto power

Lok Sabha decision final after 14 days

Constitutional Amendment

✗ No

Both Houses must agree separately

Bill fails if either House rejects

Financial Bills (other)

✓ Yes

Same as ordinary bills

Joint sitting decides

Joint Sitting Process

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**House Deadlock**
One House passes, other rejects/amends/delays 6+ months`"]
  s2["`**Presidential Summons**
President calls joint sitting on PM's advice`"]
  s3["`**Joint Debate**
Both Houses sit together, **Lok Sabha Speaker presides**`"]
  s4["`**Simple Majority**
Decision by majority of **total members present** (Lok Sabha advantage)`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4

Historical Joint Sittings

Dowry Prohibition Act (1961) - first joint sitting

Banking Service Commission Act (1978)

Prevention of Terrorism Act (2002) - most recent

Anti-Terrorism Act - only time ruling party used joint sitting to override Rajya Sabha opposition

Exam traps

Trap: Assuming joint sitting can resolve constitutional amendment deadlocks

Trap: Confusing Money Bills (no joint sitting needed) with Financial Bills (joint sitting possible)

Trap: Thinking Rajya Sabha Chairman presides (it's always Lok Sabha Speaker)

Trap: Forgetting joint sitting uses simple majority, not special majority