Question

How parliament can amend a list in the Seventh Schedule of the Constitution of India

• A. The amendment Bill passed in both the Houses of Parliament by a majority of members present and voting
• B. The amendment Bill passed in both Houses of Parliament by two third majority of members present and voting and a majority of total membership of the House
• C. Ratification by more than half of State Legislatures
• D. The amendment Bill passed in both Houses of Parliament by two third majority of members present and voting and a majority of total membership. Ratification by not less than half of State Legislatures are also required

Answer 1

Answer:

D. The amendment Bill passed in both Houses of Parliament by two third majority of members present and voting and a majority of total membership. Ratification by not less than half of State Legislatures are also required

Amendment of the Seventh Schedule of the Indian Constitution

• Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution and its procedure.
• The Seventh Schedule contains three lists that distribute legislative powers between the Union and the States: Union List (List I), State List (List II), and Concurrent List (List III).
• Since the Seventh Schedule is a federal feature of the Constitution, any amendment to it requires a special procedure under Article 368(2) to protect the interests of the states.

Required Procedure for Amendment

• The amendment bill must be passed in each House of Parliament (Lok Sabha and Rajya Sabha) by a special majority.
• This special majority requires:
  • A majority of the total membership of each House.
  • A majority of not less than two-thirds of the members of that House present and voting.
• In addition to the parliamentary majority, the bill must be ratified by the legislatures of not less than one-half of the States by resolutions to that effect before the Bill is presented to the President for assent.
• There is no provision for a joint sitting of both Houses of Parliament in case of a deadlock over a Constitutional Amendment Bill.

Key Federal Provisions Requiring State Ratification

• Along with the Seventh Schedule, other provisions that require ratification by half of the states include:
  • The election of the President (Articles 54 and 55).
  • Extent of the executive power of the Union and the States (Articles 73 and 162).
  • Provisions related to the Supreme Court and High Courts (Chapter IV of Part V and Chapter V of Part VI).
  • Representation of States in Parliament (Fourth Schedule).
  • Article 368 itself.