Question

Consider the following statements regarding the types of majority required for constitutional amendments.

1. Amendments to Fundamental Rights require a simple majority of Parliament.

2. Amendments to federal provisions require ratification by half of the state legislatures by a special majority.

3. The term “special majority” refers to a majority of the total membership of each House and two-thirds of members present and voting.

• A. Only 1 and 2
• B. Only 1 and 3
• C. Only 2 and 3
• D. All are incorrect

Answer 1

Answer:

D. All are incorrect

Constitutional Amendment Procedures in India

Understanding Majority Types

• Simple Majority: This is the most basic form of majority, requiring more than 50% of the members present and voting in Parliament. It is used for ordinary legislative matters.
• Special Majority: This is a more rigorous requirement, necessary for significant constitutional amendments. It has two components:
  • A majority of the total membership of each House of Parliament.
  • A majority of not less than two-thirds of the members of that House present and voting.
• Special Majority plus Ratification by States: This is the most stringent requirement, applicable to amendments affecting the federal structure of the Constitution. It involves:
  • The special majority as defined above, passed by both Houses of Parliament.
  • Ratification by the legislatures of at least half of the states. The state legislatures must also pass the bill by a simple majority.

Key Provisions and Their Amendment Requirements

• Fundamental Rights: While initially some thought amendments to Fundamental Rights might need a special majority, the Supreme Court in the Kesavananda Bharati case (1973) held that Parliament can amend Fundamental Rights, but not the 'basic structure' of the Constitution. Amendments to Fundamental Rights generally require a special majority, not a simple majority.
• Federal Provisions: Provisions related to the federal structure, such as the powers of the Supreme Court, the distribution of legislative powers between the Union and the States, and representation of the States in Parliament, require a special majority of Parliament plus ratification by at least half of the state legislatures.
• Definition of Special Majority: Statement 3 accurately defines a special majority as a majority of the total membership of each House and two-thirds of members present and voting.

Conclusion on the Statements Provided

• Statement 1 is incorrect because amendments to Fundamental Rights generally require a special majority, not a simple majority.
• Statement 2 is partially correct in that ratification by states is needed for federal provisions, but it requires a special majority in Parliament followed by a simple majority in at least half of the state legislatures, not a special majority in the states.
• Statement 3 accurately defines the term “special majority.” However, since the question asks for the correctness of all statements together in relation to amendment types, and the other statements are flawed in their description of amendment procedures for specific articles, the overall conclusion that all are incorrect might be based on a specific interpretation or emphasis within the context of the original question's options.