Discussion
The special majority required to pass a constitutional amendment bill in each House is
Answer: C
Correct answer: A majority of the total membership and two thirds of those present and voting
Article 368 requires a constitutional amendment bill to be passed in each House by a majority of the total membership of that House and by a majority of not less than two thirds of the members present and voting. Both conditions must be met. The two are distinct. In a Lok Sabha of 543 the first requires at least 272 votes regardless of attendance; the second requires two thirds of whoever is actually present. Where attendance is high the second is the harder test; where it is low the first is. There is no provision for a joint sitting on an amendment bill, so each House must pass it independently - which gives the Rajya Sabha a real veto, unlike its position on money bills. For amendments affecting the federal structure - the election of the President, the distribution of legislative powers, representation of states, Article 368 itself - ratification by at least half the state legislatures is additionally required, by simple majority. The President must assent; the 24th Amendment made that mandatory.
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