Q. Which among the following provisions of Constitution of India require the special majority of the Parliament?
1. Admission or establishment of new states
2. Use of official language
3. Fundamental Rights
4. Directive Principles of State Policy
Select the correct answer using the codes given below

[A] 1, 2 and 3 only

[B] 3 and 4 only

[C] 2, 3 and 4 only

[D] 1, 2, 3 and 4

Answer: B
Notes:

Exp) Option b is the correct answer.

Article 368 of the Indian Constitution provides for two types of amendments that are by special majority of Parliament and also through the ratification of half of the states by a simple majority.

Option 3 and 4 is correct: A number of provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting.

The provisions which can be amended by this way includes:

  • Fundamental Rights
  • Directive Principles of State Policy
  • All other provisions which are not covered by the first and third categories.

Option 1 and 2 is incorrect: A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:

  • Admission or establishment of new states.
  • Use of official language.
Important Tips

Other provisions amended by the simple majority are following:

• Formation of new states and alteration of areas, boundaries or names of existing states

• Abolition or creation of legislative councils in states.

• Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.

• Quorum in Parliament.

• Salaries and allowances of the members of Parliament.

• Rules of procedure in Parliament.

• Privileges of Parliament, its members and its committees.

• Number of puisne judges in the Supreme Court.

• Conferment of more jurisdictions on the Supreme Court.

 

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