Question

Consider the following statements about amending the federal provisions of the Constitution:

1. It requires a special majority of the Parliament.

2. It must be ratified by the legislatures of all the states.

3. The ratification by states requires a special majority in their legislatures.
   Which of the statements given above is/are incorrect?
   

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

Answer 1

Answer:

B. 2 and 3 only

Understanding Constitutional Amendment Procedure (Article 368)

• The Indian Constitution is neither rigid nor flexible, but a synthesis of both. It provides for three ways of amending the Constitution, though Article 368 outlines two main types.

Types of Constitutional Amendments:

1. Amendment by Simple Majority of Parliament: These are not considered amendments under Article 368. Examples include formation of new states, abolition or creation of Legislative Councils, Second Schedule amendments, etc.

2. Amendment by Special Majority of Parliament: Requires a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting. This applies to most provisions of the Constitution, including Fundamental Rights and Directive Principles of State Policy.

3. Amendment by Special Majority of Parliament and Ratification by States: This is the most rigid method and applies to 'federal provisions' of the Constitution.

Amendment of Federal Provisions:

• This method is crucial for provisions that affect the federal structure, ensuring that states also have a say in changes impacting their powers and relationship with the Centre.

• Statement 1: It requires a special majority of the Parliament. This statement is correct. Any amendment under Article 368, including those requiring state ratification, first needs to be passed by a special majority in both Houses of Parliament.

• Statement 2: It must be ratified by the legislatures of all the states. This statement is incorrect. The Constitution mandates ratification by the legislatures of not less than one-half (or fifty percent) of the states, not 'all' states.

• Statement 3: The ratification by states requires a special majority in their legislatures. This statement is incorrect. The state legislatures are required to ratify the amendment by a simple majority of those present and voting. There is no requirement for a 'special majority' at the state level.

Key Federal Provisions requiring State Ratification:

• Election of the President and its manner.

• Extent of the executive power of the Union and the states.

• Supreme Court and High Courts.

• Distribution of legislative powers between the Union and the states.

• Any of the lists in the Seventh Schedule (Union List, State List, Concurrent List).

• Representation of states in Parliament.

• The power of Parliament to amend the Constitution itself (Article 368).

• The process of ratification by states must be completed before the amending Bill is presented to the President for assent. There is no specific time limit within which the states must ratify or reject the Bill.

• This dual requirement (Parliamentary special majority + state ratification) ensures that the federal nature of the Constitution is protected and significant changes affecting states are not made unilaterally by the Union.