Constitutional Amendment Procedures

The Constitution of India outlines a specific procedure for its amendment under Article 368. This article provides for two main methods:

• A special majority in Parliament (requiring more than two-thirds of the members present and voting, and a majority of the total membership of each House).
• A special majority in Parliament, followed by ratification by the legislatures of at least half of the States (required for amendments affecting the federal structure or certain fundamental rights).

Most significant amendments to the Constitution require one of these special procedures.

Provisions Amendable by Ordinary Law

However, the Constitution also allows for certain provisions to be amended or acted upon through a simpler legislative process, often referred to as an ordinary Act of Parliament passed by a simple majority. This exception is crucial for understanding how Parliament can deal with matters like the admission or formation of new states.

Specifically, Article 4 of the Constitution addresses laws made under Article 2 (admission or establishment of new States) and Article 3 (formation of new States and alteration of areas, boundaries or names of existing States). According to Article 4(2), any law made under these articles is not deemed to be an amendment of the Constitution for the purposes of Article 368. This means Parliament can legislate on these matters using its ordinary legislative powers, requiring only a simple majority.

Options Analysis

Let's analyze each option in the context of amendment procedures:

• Article 2: This article grants Parliament the power to admit into the Union, or establish, new States. As explained above, laws enacted under Article 2 are specifically excluded from the amendment procedure of Article 368 by Article 4(2). Therefore, Parliament can pass laws related to Article 2 using an ordinary Act (simple majority).
• Article 356: This article deals with the provision for President's Rule in States, which is a significant aspect of the Centre-State relationship and emergency powers. Amendments to Article 356 require the special procedure under Article 368.
• Article 368: This article itself lays down the procedure for amending the Constitution. To amend Article 368, Parliament must follow the special procedure detailed within the article itself, involving a special majority.
• Article 14: This article guarantees the right to equality before the law, a fundamental right. Amendments affecting fundamental rights are generally considered significant and require the special majority procedure under Article 368, often including state ratification, as they touch upon the basic structure of the Constitution.

Conclusion

Based on the constitutional provisions, particularly Article 4(2), laws made for the admission of new states under Article 2 are not treated as constitutional amendments requiring the special procedure of Article 368. Thus, Parliament can amend or act upon matters falling under Article 2 through an ordinary Act passed by a simple majority.