An amendment needs half the States' ratification only if it touches the Centre-State balance: legislative lists, executive power, federal courts, State representation, Article 368.
(d) I, II and III
Under Article 368(2) of the Constitution of India, a constitutional amendment bill requires ratification by not less than one-half of the state legislatures in addition to being passed by both Houses of Parliament by a special majority, if the amendment seeks to make changes in certain federal provisions.
The three subjects mentioned fall under those provisions, and thus require state ratification before presidential assent.
Ratification by not less than one-half of the State Legislatures is required for amending provisions related to:
| Provision Affected | State Ratification Required? | Why |
|---|---|---|
| Seventh Schedule (List I, II, III) | Yes | Alters federal structure and distribution of powers |
| Extent of State Executive Power | Yes | Affects Centre-State executive balance |
| Conditions of Governor’s Office | Yes | Governor is a key federal institution under Article 153 onwards |
| Concept / Provision | Where in Constitution | What It Covers | Requires State Ratification? (Art. 368) | Why Ratification is Required |
|---|---|---|---|---|
| List I - Union List (Seventh Schedule) | Article 246 and Seventh Schedule | Subjects on which only Parliament can legislate (e.g., defense, foreign affairs, etc.) | Yes | Any change in distribution of legislative powers alters federal balance |
| Extent of Executive Power of a State | Article 162, Article 73, and Article 258 | Defines the scope of a State’s executive authority vis-à-vis the Union | Yes | Executive authority division is part of federal structure |
| Conditions of the Governor's Office | Articles 153 to 162 | Covers appointment, powers, and functions of the Governor | Yes | Governor is the constitutional head of the State and affects Centre-State relations |
Amendments that change any of the following provisions require ratification by not less than half the states:
| Provision | Reason for Requiring Ratification |
|---|---|
| Articles 54 & 55 (Election of President) | Affects participation of States in Union structure |
| Article 73 & 162 (Union and State Executive Powers) | Impacts balance of executive power between Centre and States |
| Chapter IV of Part V & VI (Supreme Court/High Courts) | Affects federal judiciary |
| Seventh Schedule (List I, II, III) | Alters legislative competence of Centre and States |
| Representation of States in Parliament | Affects federal political structure |
| Article 368 itself | Pertains to the process of amending the Constitution |
| Term | Meaning |
|---|---|
| Seventh Schedule | Divides legislative powers into three lists: Union, State, and Concurrent |
| State Ratification | Approval by at least 50% of state legislatures for certain amendments |
| Federal Structure | Division of powers between the Centre and States |