Q. If Government of India decides to change the composition/structure of the GST council then which one of the following procedures for amendment is required to be followed as prescribed by Constitution of India?

[A] Constitution needs to be amended by simple majority of Parliament

[B] Basic Structure doctrine do not allow to alter the distribution of powers between union and states.

[C] Amendment by Special Majority of Parliament and also with the Consent of half of the State legislatures by a simple majority.

[D] Constitution needs to be amended by a special majority of the Parliament.

Answer: C
Notes:

Exp) Option c is the correct answer.

Article 279A (1) of the Constitution provides for the GST Council to make recommendations to the Union and the States on important issues related to GST.

Option a is incorrect. Distribution of legislative powers between the Union and the states involves federal structure and cannot be amended alone by the union.

Option b is incorrect. Basic Structure doctrine do not bar to alter the distribution of powers between union and states.

Option c is correct. Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. The composition/structure of the GST council can be altered in this manner.

Option d is incorrect. Provisions like Fundamental Rights and Directive Principles can be amended by Special majority of the Parliament.

Blog
Academy
Community