Q. 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?
Exp) Option a is the correct answer.
Article 368 of the Constitution of India determines the procedure for the amendment of the provisions of the Constitution.
Article 368 of the Constitution says that a Constitutional amendment bill must be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
It further says that if the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.
Option 1 is correct. Article 368 says that an amendment also require to be ratified by the Legislatures of not less than one-half of the States if it make changes to:
(a) article 54, article 55, article 73, article 162, article 241 or article 279A; or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI; or
(c) any of the Lists in the Seventh Schedule; or
(d) the representation of States in Parliament; or
(e) the provisions of this article i.e. article 368
Option 2 is correct. Article 162 says that the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws. To amend this, ratification by the legislatures of at least half of the States is required.
Option 3 is incorrect. Article 158 relates to the conditions of the Governor’s office. An amendment to Article 158 can be made by Parliament alone using the special majority procedure and does not require ratification by states.
Source: Indian Polity by M.Laxmikant Chapter 10
https://www.mea.gov.in/images/pdf1/part20.pdf
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