Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislature of not less than one-half of the states ? 1. Election of the President. 2. Representation of States in Parliament. 3. Any of the lists in the 7th Schedule. 4. Abolition of the Legislative Council of a State. Choose the correct answer.
1, 2 and 3
Items 1, 2 and 3 require ratification by the states; item 4 does not — option 4.
The rule. Under the proviso to Article 368(2), an amendment touching certain federal features must, after being passed by both Houses by a special majority, also be ratified by the legislatures of not less than one-half of the states by simple majority, before being presented for assent.
| Matter | Ratification needed ? |
|---|---|
| 1. Election of the President (Articles 54 and 55) | Yes — the states form part of the electoral college |
| 2. Representation of States in Parliament (Fourth Schedule) | Yes |
| 3. Any of the lists in the Seventh Schedule | Yes — it alters the division of legislative power |
| 4. Abolition of a State Legislative Council | No |
| Also requiring ratification | Extent of the executive power of the Union and the states; the High Courts of Union Territories; the Supreme Court and the High Courts; distribution of legislative powers between Union and states; representation of states in Parliament; Article 368 itself |
Why item 4 is different. Under Article 169, Parliament may create or abolish a Legislative Council in a state if the Legislative Assembly of that state first passes a resolution to that effect by a special majority. Such a law is then expressly declared not to be an amendment of the Constitution for the purposes of Article 368, even though it changes the Second Schedule and other provisions. It therefore needs only a simple majority in Parliament, and no ratification by other states — which is the whole point of the question.
The three amendment procedures are worth keeping straight: simple majority for matters such as the creation of new states, admission of states, and abolition of legislative councils; special majority of each House for most amendments; and special majority plus state ratification for the federal matters listed above.
Hence, the answer is 1, 2 and 3.
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