Question map
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?
Explanation
Certain constitutional amendments affecting the federal structure require ratification by the Legislatures of at least half of the States before the Bill is presented to the President for assent under Article 368.[1]
Amendments relating to the election of the President or the extent of the executive power of the Union and the States require ratification by Legislatures of not less than one-half of the States after being passed by special majority.[2]
The Union List (List I) in the Seventh Schedule is part of the distribution of legislative powers between the Union and States, which forms a core element of the federal structure. Amendments to this list would alter the balance of powers and therefore require state ratification. Similarly, changes to the extent of executive power of a State directly impact federal relations and require such ratification.
However, the conditions of the Governor's office do not fall under the provisions requiring state ratification. The Governor's office, while important, is not explicitly listed among the subjects requiring this additional approval process. Therefore, only subjects I and II (Union List and extent of executive power of a State) require ratification by at least half of the State Legislatures, making option A correct.
Sources- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 192
- [2] https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/665-760/CHAPTER21.pdf
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'List-based' question from the Amendment chapter. It moves beyond the vague concept of 'Federal Structure' and demands you know the exact entries of the Proviso to Article 368(2). If you relied only on 'logic' without memorizing the specific exclusions, the Governor option (III) would trap you.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Constitution of India, does a constitutional amendment relating to the Union List in the Seventh Schedule require ratification by the Legislatures of not less than one-half of the States?
- Statement 2: Under the Constitution of India, does a constitutional amendment relating to the extent of the executive power of a State require ratification by the Legislatures of not less than one-half of the States?
- Statement 3: Under the Constitution of India, does a constitutional amendment relating to the conditions of the Governor's office require ratification by the Legislatures of not less than one-half of the States?
- Explicitly states that certain amendments which affect the federal structure require ratification by the Legislature of at least half the States under Article 368.
- Frames this ratification as an additional step beyond the special parliamentary majority, directly linking the one-half threshold to amendment procedure.
- Specifies that consent of only one-half of the States is required for some parts of the Constitution, and that simple majority in the State Legislature suffices.
- Emphasizes the numerical threshold (one-half) and the practical mode of state participation in amendment ratification.
- Notes that only amendments of certain provisions require ratification by State Legislatures and that ratification by one-half of them would suffice.
- Reinforces that a subset of constitutional amendments invokes the one-half states ratification rule.
- Explicitly names “the extent of the executive power of the Union and the States” among subjects for which an amendment requires further ratification.
- States that after passage by the special majority, such an amendment “has also to be ratified by Legislatures of not less than one-half of the States.”
- Confirms that any amendment altering provisions listed in the proviso to article 368 must be ratified by Legislatures of not less than one-half of the States.
- Specifies the ratification must be completed before the Bill is presented to the President, supporting the procedural requirement referenced in the other passage.
States that 'certain provisions which affect the federal structure' require ratification by the Legislatures of at least half the States (Article 368 context).
A student could check whether 'extent of executive power of a State' is classified as a provision affecting the federal structure in Article 368 or related lists of amendable provisions.
Explicitly states the ratification-by-half-States requirement for certain amendments and contrasts it with the U.S. three-fourths rule (shows Indian rule is 'more liberal').
Use this rule to infer that if the subject-matter falls within the 'certain provisions' category, half the States' ratification would be needed.
Notes only a few provisions require State Legislature ratification and that ratification by only one-half of States suffices.
A student can treat 'executive power of a State' as a candidate for those 'few' provisions and then verify by consulting the specific list in Article 368.
Explains the constitutional design: some amendments need wider consensus and specifically that consent of only half the States is required (simple majority in State Legislatures).
Apply this pattern to test whether amendments on State executive power fall into the 'wider consensus' category needing half-State ratification.
Refers to Article 368(2) and gives an example (97th Amendment) where the Supreme Court found ratification by at least one-half of State legislatures was required.
Compare the subject-matter of the 97th Amendment with 'executive power of State' to judge if similar classification (and thus the same ratification rule) applies.
States’ legislatures must ratify some Constitutional amendments; the required consent is 'only half the States' and by simple majority of each State Legislature.
A student can look up which specific kinds of amendments (Article 368(2) list) are covered to see whether 'conditions of Governor's office' fall among them.
Explains that only a 'few' provisions require State Legislature ratification and that ratification by not less than one-half of the States suffices (contrasting with U.S. three-fourths rule).
Use this pattern to focus inquiry on the Constitution’s list of 'few' provisions requiring state ratification to check if Governor-related provisions are included.
States ratify certain amendments; text notes the requirement is 'more liberal'—ratification by not less than half the States under our Constitution.
Consult Article 368(2) (as indicated) to identify the categories of amendments needing state ratification and compare with provisions about the Governor.
States that 'only in few cases, the consent of the state legislatures is required and that too, only half of them', highlighting limited but specific state-role exceptions.
Apply this rule by checking which 'few cases' (the enumerated topics) include matters touching the Governor’s conditions (appointment, tenure, powers, etc.).
Refers to Article 368(2) in context of a judicial decision observing that an amendment required ratification by at least one-half of state legislatures, tying the legal provision to practice.
A student should read Article 368(2) and the cited judicial discussion to see whether 'conditions of the Governor's office' fall within the clause's enumerated subjects.
- [THE VERDICT]: Sitter. Directly solvable from Laxmikanth (Chapter: Amendment of the Constitution) or Basu. No current affairs linkage required.
- [THE CONCEPTUAL TRIGGER]: The Proviso to Article 368(2) – The 'Entrenched Provisions' requiring State Ratification.
- [THE HORIZONTAL EXPANSION]: Memorize the 5 specific buckets: (1) Election of President (Arts 54, 55), (2) Executive Power Extent (Arts 73, 162), (3) Judiciary (SC/HCs), (4) Legislative Relations (7th Schedule & State Rep in Parliament), (5) Art 368 itself. *Trap Alert:* Governor (Part VI Ch II) is NOT included; only High Courts (Part VI Ch V) are.
- [THE STRATEGIC METACOGNITION]: When studying lists (like Art 368 or 7th Schedule), focus on the *exclusions*. Why is the Governor excluded? Because the office is an agent of the Centre, and its conditions are Parliament's prerogative, unlike the High Court which is a constitutional check.
Article 368 prescribes that amendments affecting the federal structure need ratification by at least one-half of state legislatures.
High-yield for constitutional law and federalism questions: mastering this clarifies which amendments need only Parliament and which require state consent; connects to landmark amendment cases and questions on centre–state relations; enables answering queries about amendment thresholds and procedures.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 192
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Ratification by States > p. 204
Certain constitutional changes demand the consent of not less than one-half of state legislatures, with simple majority within each legislature.
Directly relevant for questions on rigidity vs flexibility of the Indian Constitution and for analysing federal safeguards; helps differentiate amendment types and predict when states play a role in constitutional change.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > More Flexible than Rigid. > p. 40
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Ratification by States > p. 204
The Seventh Schedule divides legislative subjects into three lists (Union, State, Concurrent); entries in these lists have been the subject of constitutional amendments.
Essential for topics on distribution of legislative powers and federal balance; understanding the lists helps evaluate whether an amendment alters federal structure and thus whether state ratification is required.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 5: NATURE OF THE FEDERAL SYSTEM > REFERENCES > p. 71
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 35: TABLES > THE CONSTITUTION AMENDMENT ACTS > p. 515
Amendments that affect the federal structure require ratification by not less than one-half of the state legislatures.
High-yield for UPSC constitutional law questions: it clarifies when state consent is constitutionally mandatory and distinguishes between purely parliamentary amendments and those invoking federal safeguards. Links to federalism, Centre–State relations, and Article 368; useful for questions on amendment validity and judicial review.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 192
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 193
Most constitutional amendments must be passed by a special majority (two-thirds of members present and voting and a majority of total membership) in each House of Parliament.
Core procedural concept for amendment-related questions; it helps answer which amendments need only Parliament and which need additional steps. Connects to topics on constitutional rigidity/flexibility and comparative constitutions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > More Flexible than Rigid. > p. 40
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 11: Amendment of the Constitution > CRITICISM OF THE AMENDMENT PROCEDURE > p. 125
Article 368(2) identifies specific categories of provisions where amendments require ratification by at least half the state legislatures.
Essential for doctrinal clarity and case-based questions (e.g., validity challenges). Mastering this enables handling of fact-pattern questions about whether a particular amendment needed state ratification and about landmark judgments invoking Article 368(2).
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 179
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 192
Certain constitutional amendments must be ratified by not less than one-half of the state legislatures under Article 368.
High-yield for constitutional law questions: understanding Article 368's separate procedure distinguishes amendments requiring only Parliament's special majority from those needing state-level consent. This concept links to federalism, Centre–State relations, and landmark amendment litigation.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 193
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Ratification by States > p. 204
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 179
The 'Simple Majority' list (Article 368 exclusions). Specifically, creating/abolishing Legislative Councils (Art 169) or changing 2nd Schedule emoluments. Prediction: Next time they might ask about 'Representation of States in Parliament' (requires ratification) vs 'Delimitation' (Simple majority).
Use the 'Power vs. Office' heuristic. Amendments requiring ratification usually shift *Sovereign Power* (Legislative/Executive/Judicial scope) between Centre and States. Union List = Shift of Legislative Power (Yes). Executive Power of State = Shift of Executive Power (Yes). Conditions of Governor = Administrative details of an office (No). Rule: If it changes 'Who decides what' (Power), it needs ratification.
Connects to GS-2 Federalism & Basic Structure. The requirement of ratification is the concrete manifestation of the 'Federal Principle' being part of the Basic Structure (Kesavananda Bharati). It prevents unilateral alteration of the federal balance by the Parliament.