UPSC Prelims 1995 · General Studies
Question 17: Polity and Governance
Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislatures of not less than one-half of the States? I. Election of the President II. Representation of States in Parliament III. Any of the Lists in the 7th Schedule IV. Abolition of the Legislative Council of a State Choose the correct answer from the codes given below:
AnswerThe answer is (a).
Under Article 368, most amendments need only Parliament's special majority, but those touching the federal structure also need ratification by at least half the State legislatures. These include the election of the President, the representation of States in Parliament, the Seventh Schedule lists, the courts' provisions and Article 368 itself. Creating or abolishing a State's Legislative Council (Article 169) is done by an ordinary law of Parliament after the State assembly's resolution, and is not treated as an amendment under Article 368. Remember: federal matters need the States' consent.
- I. Election of the President (Articles 54 and 55) needs State ratification.
- II. Representation of States in Parliament needs State ratification.
- III. Any of the Seventh Schedule lists needs State ratification.
- IV. Abolishing a Legislative Council is done under Article 169 by ordinary law, not an Article 368 amendment.
Why each option is right or wrong
- (a) Right: I, II and III need ratification by at least half the States.
- (b) Includes IV, abolition of a Legislative Council, which is done by ordinary law under Article 169.
- (c) Includes IV and leaves out II, representation of States in Parliament, which does need ratification.
- (d) Leaves out I, the election of the President, which does need ratification.
Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 1995, General Studies. UPSC's own paper isn't online; the words are from a published compilation. The paper on upsc.gov.in.