Q. The amendment to which of the following provisions of the Constitution requires consent of at least half of the state legislatures, in addition to the special majority of the Parliament?
1. Altering the existing boundaries of the States.
2. Representation of States in Parliament.
3. Election process of both the President and the Vice-President
4. Fundamental Rights
5. Delimitation of constituencies
Choose the correct answer from the codes given below:
Exp) Option a is the correct answer.
Article 368 deals with the cases where consent of half of the states is needed along with a special majority of the Parliament for amending certain constitutional provisions.
Option 1 is incorrect: Article 4 of the Constitution itself declares that laws made for altering the boundaries of states are not to be considered as amendment to the Constitution under Article 368. This implies that such laws can be passed by a simple majority and by the ordinary legislative process of Parliament.
Option 2 is correct: Article 368 specifically mentions that Constitutional amendments regarding representation of States in the Parliament needs consent of at least half of the state legislatures.
Option 3 is incorrect: Any Constitutional amendments in provisions of election of President and its manner require consent of half of the states. However, this requirement is not applicable for making amendments to the election process of the Vice-President.
Option 4 is incorrect: Amendments to the Fundamental Rights contained in Part III of the Constitution can be made with special majority of the Parliament. It does not require the consent of the states.
Option 5 is incorrect: Amendments regarding delimitation of constituencies can be made with simple majority. Neither special majority nor ratification by states is needed for such matters.
| Important Tips Other amendments for which ratification by state legislatures is needed: • Extent of executive powers of the Union and the States • Distribution of legislative powers between the Union and the States • Any of the lists in the VII Schedule • Supreme Court and High Courts • Power of Parliament to amend Article 368 itself |
