Question

Consider the following provisions of the Constitution:

1. Admission or establishment of new states.

2. Provisions related to the Fifth and Sixth Schedules.

3. Amendment of Directive Principles of State Policy.

4. Alteration of emoluments and privileges in the Second Schedule.

Which of the provisions listed above can be amended by a simple majority of Parliament and are not considered amendments under Article 368?

• A. 1, 2 and 3 only
• B. 1, 2 and 4 only
• C. 3 and 4 only
• D. 1, 2, 3 and 4

Answer 1

Answer:

B. 1, 2 and 4 only

Constitutional Amendments in India

• The Indian Constitution provides for different methods of amendment, broadly categorised into three types:

  • Simple Majority: Amendments passed by a simple majority of Parliament (i.e., more than 50% of members present and voting). These are not considered amendments under Article 368.

  • Special Majority: Amendments passed by a special majority of Parliament (i.e., a majority of the total membership of each House and a majority of not less than two-thirds of the members of each House present and voting). These are considered amendments under Article 368.

  • Special Majority plus Ratification by States: Amendments requiring a special majority of Parliament and ratification by at least half of the state legislatures by a simple majority. These also fall under Article 368.

Provisions amendable by Simple Majority (not under Article 368)

• Admission or establishment of new states:

  • This falls under Article 2 (admission or establishment of new states) and Article 3 (formation of new states and alteration of areas, boundaries, or names of existing states).

  • Article 4(2) explicitly states that any law made under Article 2 or Article 3 shall not be deemed to be an amendment of the Constitution for the purposes of Article 368.

  • These changes require a simple majority vote in both Houses of Parliament.

• Provisions related to the Fifth and Sixth Schedules:

  • The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes.

  • The Sixth Schedule deals with the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.

  • Any changes to these schedules, including their scope, administration, or composition, can be made by a simple majority of Parliament and are specifically excluded from the purview of Article 368.

• Alteration of emoluments and privileges in the Second Schedule:
  

  • The Second Schedule contains provisions relating to the emoluments, allowances, and privileges of various high-ranking officials, including the President, Governors, Speaker of the Lok Sabha, Judges of the Supreme Court and High Courts, Comptroller and Auditor General, etc.

  • Any alterations to these specific provisions can be carried out by a simple majority of Parliament and are not considered amendments under Article 368.

Provisions requiring a Special Majority (under Article 368)

• Amendment of Directive Principles of State Policy (DPSP):

  • The Directive Principles of State Policy (Part IV) are fundamental in the governance of the country, though non-justiciable.

  • Any amendment to the DPSP, like any other fundamental part of the Constitution (e.g., Fundamental Rights), requires a special majority of Parliament as stipulated by Article 368.

  • Changes to DPSP are considered significant constitutional amendments and thus require a more rigorous process to ensure broad consensus.