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UPSC Prelims 2025GS1Polity & GovernanceConstitutional Amendment Procedure

Q88. Consider the following subjects under the Constitution of India :
I. List I-Union List, in the Sevent 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?

A. I and II only✓ Correct
B. II and III only
C. I and III only
D. I, II and III

Detailed Solution

✓ Correct Answer: Option A

Article 368 of the Constitution outlines the procedure for constitutional amendments. Certain provisions affecting the federal structure require ratification by not less than one-half of the State Legislatures by a simple majority, in addition to a special majority in Parliament.

I. List I-Union List, in the Seventh Schedule: Any amendment to the lists in the Seventh Schedule (Union, State, Concurrent) directly affects the distribution of legislative powers between the Union and States, which is a fundamental aspect of federalism.

Therefore, it requires State ratification. II. Extent of the executive power of a State: Amendments related to the executive power of the Union (Article 73) and the States (Article 162) require State ratification, as they impact the functional division between the Centre and States.

III. Conditions of the Governor’s office: The conditions of the Governor's office (Article 158) are not explicitly listed among the provisions requiring State ratification under the proviso to Article 368(2).

Amendments to these provisions can be made by a special majority in Parliament alone. Therefore, only I and II require State ratification. Understanding the constitutional amendment procedure and federal provisions is crucial for UPSC Polity & Governance.

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