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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
Guest previewThis 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.
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