Difficulty: Easy
Correct Answer: By the introduction of a Bill in either House of Parliament
Explanation:
Introduction / Context:
The procedure for amending the Constitution of India is laid down in Article 368. Constitutional amendments are more formal and often require special majorities compared to ordinary laws. For examinations, it is important to know exactly how an amendment can be initiated and which authorities are empowered to start the amendment process. This question focuses on the very first step: who can introduce an amendment Bill and in which House.
Given Data / Assumptions:
- The options mention the President, the Rajya Sabha, Governors of States and either House of Parliament.
- Article 368 deals with the power of Parliament to amend the Constitution and the procedure for it.
- The question asks about initiation, that is, introduction of the Bill, not the subsequent approval process in Parliament and the States.
- It is assumed that the learner knows that constitutional amendment Bills are distinct from ordinary Bills in certain respects but still follow a legislative route.
Concept / Approach:
Article 368 provides that an amendment of the Constitution can be initiated only by the introduction of a Bill for that purpose in either House of Parliament. There is no provision for State legislatures, Governors or the President to directly introduce such a Bill. The President is involved at the assent stage, and some amendments require State ratification after Parliament passes the Bill, but initiation is strictly through Parliament. The approach is to identify the option that correctly reflects this starting point.
Step-by-Step Solution:
Step 1: Recall that the Constitution can be amended only by Parliament under Article 368 and that the process begins with a Bill.
Step 2: The Article specifies that the amendment process is initiated by introducing a Bill in either House of Parliament, that is, either in the Lok Sabha or in the Rajya Sabha.
Step 3: The President does not introduce Bills; Bills are introduced by ministers or private members in the Houses, so initiation by the President is not envisaged.
Step 4: Governors of States have no direct role in initiating a Constitutional Amendment Bill; they may be involved indirectly when State legislatures ratify certain amendments.
Step 5: There is also no requirement that an amendment Bill must originate only in the Rajya Sabha; it can originate in either House.
Step 6: Therefore, the correct initiation method is the introduction of a Bill in either House of Parliament.
Verification / Alternative check:
This can be verified by reading the text of Article 368 in any standard edition of the Constitution or a polity textbook, which clearly states that an amendment of the Constitution can be initiated only by the introduction of a Bill for that purpose in either House of Parliament. No mention is made of initiation by the President, Governors or State legislatures. The Parliamentary practice of introducing amendment Bills in either Lok Sabha or Rajya Sabha further supports this interpretation.
Why Other Options Are Wrong:
Option A, initiation by introduction of a Bill by the President of India, is wrong because the President does not introduce Bills; the President grants assent after both Houses have passed the Bill.
Option B, initiation only in the Rajya Sabha, is wrong because the Constitution does not restrict the introduction of amendment Bills to one House; either House may introduce such a Bill.
Option C, initiation by the Governors of States, is wrong because Governors have no Constitutional role in initiating amendments; at most, State legislatures ratify some amendments after Parliament has passed them.
Common Pitfalls:
A common mistake is to assume that because some countries allow constitutional amendments to be initiated by States or public petitions, India might also allow initiation by State Governors or legislatures. Another pitfall is to confuse the special majority and ratification steps with the initiation step. Students must clearly separate who starts the process, who must approve it in Parliament and which amendments require State ratification. Remembering that only Parliament can initiate amendments through a Bill introduced in either House helps avoid such confusion.
Final Answer:
An amendment of the Constitution of India may be initiated by the introduction of a Bill in either House of Parliament.
Discussion & Comments