Consider the following subjects under the Constitution of India:

1. List I-Union List, in the Seventh Schedule
2. Extent of the executive power of a State
3. 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?

1. I and II only
2. II and III only
3. I and III only
4. I, II and III

Explanation

Statements I and II are correct

• Provisions of the Constitution concerning the federal structure can be amended only through a special majority in Parliament and the approval of at least half of the state legislatures by a simple majority.
  • It is immaterial whether the remaining states approve or take no action—the process is complete once half of the states give their consent.
  • There is no prescribed time limit within which states must respond to the amendment bill.
• The following provisions can be amended in this way:
  • President Election and its manner.
  • Extent of the executive power of the Union and the states.
  • Supreme Court and high courts.
  • Distribution of legislative powers between Union and states.
  • Any of the lists in Seventh Schedule.
  • Representation of states in Parliament.
  • Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Statement 3 is incorrect

• Article 158 deals with the conditions of the Governor’s office. Any amendment to this Article can be made solely by Parliament.

Answer: (a) I and II only; Difficulty Level: Medium