Previous Year Question
Consider the following subjects under the Constitution of India:
I. List I—Union List, in the Seventh Schedule
II. Extent of the executive power of a State
III. Conditions of the Governor’s office
For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the Bill to the President of India for assent?
I and II only
II and III only
I and III only
I, II and III
Correct Answer: A
Detailed Solution
The proviso to Article 368 specifies the federal provisions whose amendment requires both the special majority of Parliament and ratification by the legislatures of not less than one-half of the States.
Subject I is correct. An amendment affecting any List in the Seventh Schedule, including the Union List, requires State ratification.
The Seventh Schedule contains:
List I—the Union List.
List II—the State List.
List III—the Concurrent List.
An amendment to these Lists affects the constitutional distribution of legislative powers between the Union and States. It is, therefore, treated as a matter concerning the federal structure.
Subject II is correct. An amendment to Article 162, which deals with the extent of the executive power of a State, also requires ratification by at least half of the States. Article 73, concerning the extent of the Union’s executive power, is similarly protected.
Subject III is incorrect. The conditions of the Governor’s office are contained in Article 158. Article 158 is not included among the provisions for which State ratification is mandatory. It may, therefore, be amended by Parliament using the special-majority procedure under Article 368.
The procedure where State ratification is required is:
A Constitution Amendment Bill may be introduced in either House of Parliament.
Each House must pass it separately by the prescribed special majority.
If it concerns a protected federal provision, at least half of the State Legislatures must ratify it.
Only after ratification is the Bill presented to the President for assent.
There is no provision for a joint sitting of Parliament on a Constitution Amendment Bill.