Consider the following subjects under the Constitution of India: [Salient Features of Indian Constitution]
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?
Correct Answer :
I and II only
Solution :
The correct option is I and II only.
Under Article 368 of the Constitution of India, certain provisions require not only a special majority in both Houses of Parliament but also ratification by the Legislatures of not less than one-half of the States before the amendment bill can be presented to the President of India for assent. These provisions typically relate to the federal structure of the country.
Let us analyze the given subjects:
I. List I-Union List, in the Seventh Schedule: Any change to any of the Lists in the Seventh Schedule (Union, State, or Concurrent List) directly affects the federal distribution of legislative powers between the Union and the States. Hence, under Article 368(2)(c), any amendment to the Seventh Schedule requires state ratification.
II. Extent of the executive power of a State: The executive power of the Union and the States is detailed under Articles 73 and 162. Any amendment affecting the extent of the executive power of a State (Article 162) directly alters the federal relationship. Under Article 368(2)(b), amendments to these articles require ratification by at least half of the State Legislatures.
III. Conditions of the Governor’s office: The conditions of the Governor's office are laid down under Article 158. These provisions are not considered core federal structures requiring ratification by the states. They can be amended by the Parliament through the standard procedure without requiring state ratification.
Therefore, ratification by the Legislatures of not less than one-half of the States is required only for subjects I and II.
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