Question

Consider the following statements about amendments needing state consent:

1. They include the election of the President.

2. Representation of states in Parliament requires this process.

3. All states must consent for the amendment to pass.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. 1 and 2 only

Constitutional Amendments Requiring State Ratification

Article 368 of the Indian Constitution

• Article 368 outlines the process for amending the Constitution. Certain amendments require a special majority of Parliament and, in addition, the ratification by the legislatures of not less than half of the States.

Provisions Requiring State Consent

• The following types of amendments necessitate ratification by at least half of the state legislatures:

  1. Election of the President (Article 54) and the manner of election of the President (Article 55). This is because the President is the head of the Union, and states have a stake in the election process.

  2. Extent of the executive power of the Union (Article 73) and the executive power of the States (Article 154). Amendments affecting the distribution of executive powers between the Centre and the states fall under this category.

  3. Supreme Court (Articles 124 to 147) and High Courts (Articles 214 to 237). Any changes related to the judiciary that impact the states require their consent.

  4. Representation of States in Parliament (Articles 81 and 131). This includes amendments to the number of seats allocated to states in the Rajya Sabha and the distribution of business between the Union and the states.

  5. Any matter from the Union List or the Concurrent List in which the states have an interest. This is a broad category covering various legislative powers.

  6. The provisions of Article 368 itself. Any changes to the amendment procedure must be ratified by the states.

Important Clarifications

• Statement 3 is incorrect: It is not required for *all* states to consent. The ratification by at least half of the state legislatures is sufficient.

• Procedural Requirement: The ratification can be done by a simple majority of the members of the State Legislature present and voting.

• Rationale: This provision ensures that the federal structure of the country is not altered unilaterally by the Union Parliament, respecting the interests and autonomy of the states.