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Q17 (IAS/1995) Polity & Governance › Constitutional Basics & Evolution › Amendment procedure Answer Verified

Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislatures of not less than one-half of the States ? I. Election of the President II. Representation of States in Parliament III. Any of the Lists in the 7th Schedule IV. Abolition of the Legislative Council of a State Choose the correct answer from the codes given below : Codes :

Result
Your answer: —  Â·  Correct: A
Explanation

Article 368’s proviso requires ratification by the Legislatures of not less than one-half of the States for amendments that affect specified matters. These include amendments to Article 54 and 55 (relating to election and manner of election of the President), the representation of States in Parliament, and any of the Lists in the Seventh Schedule — all explicitly enumerated in the proviso to Article 368 [2]. By contrast, abolition of a State Legislative Council is governed by Article 169 (a statute of Parliament), which is not treated as an amendment under Article 368 and thus does not require State ratification under the proviso. Therefore I, II and III require ratification, but IV does not.

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 35: TABLES > THE CONSTITUTION AMENDMENT ACTS > p. 509
  2. [2] https://www.mea.gov.in/images/pdf1/part20.pdf
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