Question

Consider the following statements regarding provisions amendable by simple majority:

1. Emoluments of the President and Governors fall under this category.

2. Delimitation of constituencies requires special majority.

3. Administration of Scheduled Areas (Fifth Schedule) can be amended this way.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. 1 and 3 only

Constitutional Amendment Procedures in India

The Constitution of India outlines different procedures for amending its provisions. These procedures are crucial for understanding the flexibility and rigidity of the Indian Constitution. The methods of amendment are primarily laid out in Article 368.

Key Concepts of Amendment Procedures:

• Simple Majority: Certain provisions of the Constitution can be amended by a simple majority of the members present and voting in each House of Parliament. This is the least rigorous method of amendment.
• Special Majority: A significant number of constitutional provisions require amendment by a special majority. This typically means 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.
• Special Majority with Ratification: For certain fundamental provisions, especially those affecting the federal structure, a special majority is required, along with the ratification by at least half of the State legislatures.

Analysis of the Statements:

• Statement 1: Emoluments of the President and Governors
  • The emoluments, allowances, privileges, and rights in respect of leave of absence, etc., of the President of India and the Governors of the States are subject to amendment by a simple majority in Parliament.
  • This falls under the category of provisions that can be amended without resorting to the more complex procedures laid out in Article 368.
• Statement 2: Delimitation of Constituencies
  • The Delimitation Commission's orders are not subject to challenge in any court. This provision is related to the representation of states in Parliament and state legislatures.
  • While the Delimitation Act itself is passed by Parliament, the delimitation of constituencies is generally not considered an amendment to the Constitution requiring a special majority under Article 368. However, the process and composition of the Delimitation Commission and the orders issued by it are governed by specific Acts of Parliament. Historically, changes related to the structure of the Delimitation Commission or its powers have been legislated by Parliament, but the delimitation exercise itself is administrative and follows parliamentary legislation, not a constitutional amendment requiring special majority.
  • Therefore, the statement that delimitation requires a special majority is incorrect in the context of constitutional amendment procedures.
• Statement 3: Administration of Scheduled Areas (Fifth Schedule)
  • The provisions of the Fifth Schedule, which deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State, can be amended by a simple majority.
  • This means that Parliament can modify or repeal any provision of the Fifth Schedule through a simple majority, making it distinct from amendments requiring special majority or ratification by states.

Conclusion for Exam Context:

• Provisions related to the emoluments of high constitutional office holders (like the President and Governors) and the administration of areas mentioned in the Fifth Schedule (Scheduled Areas) are amendable by a simple majority.
• The delimitation of constituencies is a process governed by Acts of Parliament and does not typically fall under the special majority amendment procedure of Article 368.