Q. Consider the following subjects under the Constitution of India:

  1. List I – Union List, in the Seventh Schedule
  2. Extent of the executive power of a State
  3. 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?

  • 1 and 2 only
  • 2 and 3 only
  • 1 and 3 only
  • 1, 2 and 3

Answer: (d) 1, 2 and 3

Notes:
  • Union List (List I – Seventh Schedule)
    • Amendments affecting the distribution of legislative powers between Centre and States (including changes to the Union List) require ratification by at least half of the State Legislatures.
      • This is explicitly covered under Article 368(2).
  • Extent of the executive power of a State
    • If a constitutional amendment affects the executive powers of the Centre or States, it directly impacts federal structure, hence ratification by half the States is mandatory.
      • Also covered under Article 368(2).
  • Conditions of the Governor’s office
    • Any change to Articles related to the office of Governor (like Article 155 to 160), including conditions of office, affects Centre-State relations.
      • Thus, requires ratification by half the State Legislatures under Article 368(2).
Types of Amendments in Indian Constitution
  • Article 368 of Indian Constitution provides for two types of amendments:
    • By a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting),
    • By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple Majority,
  • One other type of amendment can be done by a Simple Majority of Parliament.
    • However, these amendments are not deemed to be amendments for the purpose of Article 368.
  • By Simple Majority of Parliament
    • Several provisions in the Indian Constitution can be amended by a Simple Majority i.e. 50 percent of members present and voting.
    • It is to be noted that these amendments fall outside the scope of Article 368.
    • A few examples of the provisions that can be amended by simple majority are:
      • Admission or establishment of new states,
      • Formation of new states and alteration of areas, boundaries, or names of existing states,
      • Abolition or creation of Legislative Councils in states, etc.
  • By Special Majority of Parliament
    • The majority of the provisions in the Constitution can be amended only by a Special Majority (more than 50 percent of the total membership of the House and a majority of two-thirds of the members of that House present and voting).
    • The provisions that can be amended by Special Majority are:
      • Fundamental Rights,
      • Directive Principles of State Policy,
      • All other provisions that are not covered by the first and third categories.
  • Special Majority with Consent of Half of States:
    • Those provisions of the Constitution which are related to the federal structure of the polity can only be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
    • Important provisions that require ratification by the states include the election of President, Supreme Court and High Courts, representation of states in Parliament, distribution of legislative powers between the Union and the states, and the extent of executive power of the Union and the states.
    • Most importantly, an amendment to Article 368 itself, requires ratification by the states.