Question

Consider the following statements concerning ratification by state legislatures:

1. Ratification is needed only for amendments altering federal provisions.

2. It requires approval by half of the state legislatures by a simple majority.

3. There is a prescribed time limit within which states must ratify or reject the bill.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

B. 1 and 2 only

Constitutional Amendment Process in India

The process of amending the Constitution of India is outlined in Article 368. Amendments require ratification by state legislatures under specific circumstances.

Key Aspects of Ratification:

• Scope of Ratification: Ratification by state legislatures is mandatory for amendments that affect federal provisions of the Constitution. This includes provisions related to the powers of the Union and States, the Supreme Court, High Courts, the distribution of legislative powers between the Union and the States, and the representation of States in Parliament. Amendments that do not affect these federal aspects can be made by a special majority of Parliament alone.

• Approval Threshold: The amendment bill must be ratified by the legislatures of at least half of the states. This ratification requires a simple majority of the members present and voting in each state legislature.

• Time Limit for Ratification: While there is no prescribed time limit for ratification by state legislatures in the Constitution itself, the Supreme Court has ruled in the Golaknath case and subsequent cases that there is an implicit time limit. If a bill is presented for ratification, it is generally expected to be ratified within a reasonable period. However, unlike amendments proposed by Parliament which often have a time limit, state ratification does not have a statutorily fixed period.

Statements Analysis:

• Statement 1: This statement is correct. Ratification is indeed required for amendments altering federal provisions.

• Statement 2: This statement is correct. Approval by at least half of the state legislatures through a simple majority is the requirement.

• Statement 3: This statement is incorrect. While the Supreme Court has suggested an implicit time limit, there is no explicitly prescribed statutory time limit within the Constitution for states to ratify or reject a bill.

Historical Context:

• The 42nd Amendment Act, 1976 was a significant amendment that attempted to centralize power but was largely struck down by the Supreme Court.

• Amendments related to the Goods and Services Tax (GST), for example, required state ratification, highlighting the importance of federal consent for fiscal matters.