Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislature of not less than one-half of the states?
- 1. Election of the President.
- 2. Representation of States in Parliament.
- 3. Any of the lists in the 7th Schedule.
- 4. Abolition of the Legislative Council of a State.
Choose the correct answer.
- A2, 3 and 4
- B1, 2 and 4
- C1, 3 and 4
- D1, 2 and 3
Show answer and explanation
Correct answer: (d) 1, 2 and 3
Explanation
The Indian Constitution is flexible and dynamic. As required, it can be amended according to the procedure given in Article 368 of the Constitution. In the Indian Constitution, amendments can be made in three ways—
1. By simple majority—There are some provisions in the Constitution which Parliament can amend by a simple majority. Such amendments are not treated as “amendments of the Constitution” for the purposes of Article 368. For example—changing the names and boundaries of states or creating new states; creating or abolishing Legislative Councils in states; increasing the salaries of the President, Governors, and the judges of the Supreme Court and High Courts, etc. These are done by simple majority.
2. By special majority—Under the procedure of Article 368(2), Parliament can amend most Articles of the Constitution by passing a bill in each House by a special majority (i.e., a majority of the total membership of the House and a two-thirds majority of the members present and voting).
3. By special majority and with state ratification—
According to the proviso to Article 368(2), there are certain provisions of the Constitution which require, along with Parliament’s special majority, approval by the legislatures of at least half of the states. For example—election of the President and its procedure; extent of the executive power of the Union and the states; provisions relating to the Supreme Court and High Courts; representation of states in Parliament; Parliament’s power and procedure to amend the Constitution; division of legislative powers between the Union and the states and entries in the lists of the Seventh Schedule; provisions relating to the Goods and Services Tax (GST) Council (Article 279A), etc.