Question

Consider the following statements about amendments by simple majority of Parliament:

1. These are not considered amendments under Article 368.

2. They include provisions on the creation of new states.

3. They require ratification by state legislatures.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. 1 and 2 only

Amendments by Simple Majority in the Indian Parliament

Understanding the Different Amendment Procedures

• The Constitution of India provides for different procedures for amending its provisions. These can broadly be categorized into three types: amendments by a simple majority, amendments by a special majority, and amendments by a special majority plus ratification by half of the states.

Amendments by Simple Majority

• Provisions that can be amended by a simple majority of the Parliament do not fall under the purview of Article 368 of the Constitution, which deals with the amendment of the Constitution.
• Therefore, these are often referred to as 'notional' amendments or statutory changes rather than constitutional amendments in the strict sense defined by Article 368.
• Examples of such amendments include:
• Formation of new states and alteration of areas, boundaries, or names of existing states (as per Article 3). This is a crucial point often tested in competitive exams. For instance, the creation of Telangana from Andhra Pradesh was done through a simple majority.
• Changes in the rules of business of Parliament.
• Use of English language in High Courts.
• Citizenship provisions (other than those requiring special majority).
• Provisions related to the Fifth and Sixth Schedules.
• These types of amendments do not require ratification by the state legislatures. This is a key distinction from amendments made under Article 368 that affect federal provisions.

Amendments by Special Majority (Article 368)

• Amendments requiring a special majority (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) are dealt with under Article 368.
• These amendments are considered formal amendments to the Constitution.

Amendments by Special Majority plus Ratification

• Certain provisions, particularly those affecting the federal structure of the Constitution (e.g., election of the President, powers of the Union and State executives, Supreme Court, High Courts, representation of states in Parliament, etc.), require amendments by a special majority and ratification by at least half of the state legislatures.

Key Takeaway for Exams

• It is vital to distinguish between amendments made by simple majority and those made under Article 368. Provisions related to the formation and alteration of states are typically amended by a simple majority and are hence not considered amendments under Article 368, nor do they require state ratification.