Consider the following subjects under the Constitution of India :

I.List I-Union List, in the Seventh Schedule
II.Extent of the executive power of a State
III.Conditions of the Governor’s office

For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?

(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III

The correct answer is (a) I and II only.

Explanation

This question is about the procedure for amending the Constitution under Article 368. While most of the Constitution can be amended by a “special majority” (a two-thirds majority in both Houses of Parliament), certain provisions that relate to the federal structure of India require an additional step: ratification by the legislatures of at least one-half of the states.

Let’s analyze the given subjects:

I. List I – Union List, in the Seventh Schedule: This is correct. Any amendment that changes the distribution of legislative powers between the Union and the States, which includes any of the lists (Union, State, or Concurrent) in the Seventh Schedule, requires state ratification.
II. Extent of the executive power of a State: This is correct. Article 368(2) explicitly states that any amendment to Article 162 (which deals with the extent of the executive power of a State) requires state ratification.
III. Conditions of the Governor’s office: This is incorrect. The provisions related to the Governor (appointment, term, conditions of office, etc., in Articles 153-158) are not listed among the entrenched federal provisions that require state ratification. These can be amended by a special majority of Parliament alone.

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Amending the Indian Constitution (Article 368)

The Constitution provides for three ways to amend its provisions, but only two of them fall under the procedure in Article 368.

Amendment by Simple Majority of Parliament:
- This is not technically an “amendment” under Article 368. It’s used for flexible provisions.
- Examples: Formation of new states (Article 3), citizenship (Article 11), rules of procedure in Parliament.
Amendment by Special Majority of Parliament:
- This is the default method under Article 368.
- It requires a majority of the total membership of each House AND a majority of not less than two-thirds of the members present and voting.
- This is used for most provisions, including Fundamental Rights, Directive Principles (DPSPs), and all other provisions not covered by the other two methods. This is why Subject III (Governor’s office) falls here.
Amendment by Special Majority + State Ratification:
- This is the most rigid method, reserved for provisions that affect the federal balance of power.
- It requires the special majority (from point 2) plus the consent (ratification) of at least half of the state legislatures.
- The key provisions requiring this are:
  - The election of the President (Articles 54, 55).
  - The extent of the executive power of the Union and the States (Articles 73, 162).
  - Provisions related to the Supreme Court and High Courts.
  - Distribution of legislative powers (Seventh Schedule).
  - Representation of states in Parliament (Fourth Schedule).
  - Article 368 itself.