Q88.
Consider the following subjects under the Constitution of India : I. List I-Union List, in the Sevent 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?
Answer
A
Explanation
Union List – List I of the Seventh Schedule subject clearly falls within the scope of the proviso Article 368(2) of the Constitution. The proviso mandates that any constitutional amendment the "Lists in the Seventh Schedule" must be by at least half of the State legislatures. Since Union List (List I) is one of these, any amendment to would alter the distribution of legislative powers the Union and the States—an essential feature Indian federalism—and thus requires such Hence option I is correct. Extent of the Executive Power of a State related to this matter also require by the States. The proviso to Article 368(2) includes changes to Articles 73 and 162, define the extent of the executive power of the and the States, respectively. Alterations to these would directly impact the functional division the Centre and the States, making State a constitutional necessity. Hence option II is Conditions of the Governor’s Office subject does not require State ratification. The of the Governor’s office are primarily by Article 158 and the Second Schedule of the These provisions are not mentioned in the to Article 368(2), and amendments to them are considered to affect the federal structure in a way would necessitate ratification by the States. such changes can be enacted by Parliament a special majority alone. Hence option III is not