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UPSC Prelims 2025Question 58Polity

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?

Options

  1. (a)I and II only
  2. (b)II and III only
  3. (c)I and III only
  4. (d)I, II and III
Correct answer: d
Decision rule

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.

Explanation

Correct Answer:

(d) I, II and III


Explanation of the Correct Answer:

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.


Subject-wise Analysis:

I. List I – Union List (Seventh Schedule)

  • Correct
  • Any change in the distribution of powers between the Union and States, such as amending the Union List, mandates ratification by at least half of the states.

II. Extent of the executive power of a State

  • Correct
  • Amendments that alter the distribution of executive power between the Union and the States also require ratification by at least one-half of the state legislatures.

III. Conditions of the Governor's office

  • Correct
  • Amendments impacting the powers, responsibilities, or conditions of service of the Governor, who is a constitutional authority tied to Centre-State relations, also require ratification by the states.

Why Other Options Are Incorrect:

  • (a) I and II only – Incorrect: Ignores the Governor’s office, which is also included.
  • (b) II and III only – Incorrect: Leaves out the Union List, which clearly requires ratification.
  • (c) I and III only – Incorrect: Omits the executive power of the state, which is also crucial.
  • (d) I, II and III – Correct

Relevant Supplementary Information

Article 368(2) – Ratification Requirement

Ratification by not less than one-half of the State Legislatures is required for amending provisions related to:
  • The election of the President (Article 54 and 55)
  • The extent of the executive power of the Union and States
  • The Supreme Court and High Courts
  • Distribution of legislative powers (Seventh Schedule)
  • Representation of States in Parliament
  • Article 368 itself (Procedure for Amendment)

Table: Amendment Provisions Requiring State Ratification

Provision AffectedState Ratification Required?Why
Seventh Schedule (List I, II, III)YesAlters federal structure and distribution of powers
Extent of State Executive PowerYesAffects Centre-State executive balance
Conditions of Governor’s OfficeYesGovernor is a key federal institution under Article 153 onwards

Table: Concepts Related to Constitutional Amendment and State Ratification

Concept / ProvisionWhere in ConstitutionWhat It CoversRequires State Ratification? (Art. 368)Why Ratification is Required
List I - Union List (Seventh Schedule)Article 246 and Seventh ScheduleSubjects on which only Parliament can legislate (e.g., defense, foreign affairs, etc.)YesAny change in distribution of legislative powers alters federal balance
Extent of Executive Power of a StateArticle 162, Article 73, and Article 258Defines the scope of a State’s executive authority vis-à-vis the UnionYesExecutive authority division is part of federal structure
Conditions of the Governor's OfficeArticles 153 to 162Covers appointment, powers, and functions of the GovernorYesGovernor is the constitutional head of the State and affects Centre-State relations

Related Constitutional Reference: Article 368(2)

Amendments that change any of the following provisions require ratification by not less than half the states:

ProvisionReason 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 ParliamentAffects federal political structure
Article 368 itselfPertains to the process of amending the Constitution

Quick Glossary

TermMeaning
Seventh ScheduleDivides legislative powers into three lists: Union, State, and Concurrent
State RatificationApproval by at least 50% of state legislatures for certain amendments
Federal StructureDivision of powers between the Centre and States


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