Question

Consider the following statements regarding provisions amendable by a special majority of Parliament.

1. The Directive Principles of State Policy can be amended by a special majority of Parliament alone.

2. The representation of states in Parliament requires a special majority of Parliament and ratification by half of the state legislatures.

3. The number of puisne judges in the Supreme Court can be amended by a special majority of Parliament.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

C. 1 only

Constitutional Amendment Procedures in India

• The Indian Constitution provides for its amendment under Article 368, which outlines different procedures based on the nature of the provisions to be amended.

• There are three primary ways to amend the Constitution: by a simple majority of Parliament, by a special majority of Parliament, and by a special majority of Parliament along with ratification by half of the state legislatures.

1. Provisions amendable by a Simple Majority of Parliament:

• These amendments are not considered constitutional amendments under Article 368. They can be passed by a simple majority (more than 50% of the members present and voting) in each House of Parliament.

• Examples:

  • Formation of new states and alteration of areas, boundaries, or names of existing states.

  • Abolition or creation of legislative councils in states.

  • Salaries and allowances of Members of Parliament.

  • Rules of procedure in Parliament.

  • Number of puisne judges in the Supreme Court (Statement 3 refers to this). This is determined by ordinary legislation, not a special majority. Therefore, statement 3 is incorrect.

2. Provisions amendable by a Special Majority of Parliament:

• These amendments require a majority of the total membership of each House of Parliament and a majority of not less than two-thirds of the members of each House present and voting.

• This category covers most of the provisions of the Constitution, including:

  • Fundamental Rights

  • Directive Principles of State Policy (DPSP) (as mentioned in Statement 1). Therefore, statement 1 is correct, as DPSPs can be amended by a special majority of Parliament alone.

  • Provisions that are not covered by the first and third categories.

3. Provisions amendable by a Special Majority of Parliament and Ratification by States:

• These amendments require a special majority of Parliament (as defined above) and, in addition, ratification by the legislatures of not less than one-half of the states by a simple majority.

• This procedure is reserved for provisions related to the federal structure of the Constitution, ensuring that states have a say in matters affecting them.

• Examples:

  • Election of the President and its manner.

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

  • The Supreme Court and High Courts.

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

  • Representation of states in Parliament (as mentioned in Statement 2). Changes to the representation of states in Parliament require both a special majority of Parliament and ratification by half of the state legislatures. Therefore, statement 2, while correctly describing the procedure for this provision, implies a requirement beyond *just* a special majority of Parliament, which leads to it being incorrect if the question implies 'special majority of Parliament *alone*'.

  • Any of the lists in the Seventh Schedule.

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