UPSC Prelims 1995·GS1·polity-and-governance·federal structure

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: Codes:

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  1. AI, II and IIICorrect
  2. BI, II and IV
  3. CI, III and IV
  4. DII, III and IV

Explanation

The correct answer is A because of the provisions laid out in Article 368 of the Indian Constitution regarding the amendment process. Under Article 368, amendments that affect the federal structure of the country require not only a special majority in Parliament but also ratification by at least one half of the State Legislatures. Statement I is correct because the Election of the President Articles 54 and 55 is a federal matter as the States participate in the electoral college. Statement II is correct because changing the representation of States in Parliament directly affects the federal balance and the Fourth Schedule. Statement III is correct because the 7th Schedule contains the distribution of legislative powers between the Union and the States. Any change to these lists alters the federal power sharing agreement. Statement IV is incorrect because the Abolition or Creation of the Legislative Council of a State is governed by Article 169. This process is considered a simple amendment that can be passed by a simple majority in Parliament and does not follow the rigid procedure of Article 368 or require state ratification.
polity-and-governance: Which of the following are matters on which a constitutional amendment is possible only with the ratification of the leg

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