58

Question 58

Set 1

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QQuestion

Consider the following subjects under the Constitution of India : I. List I-Union List, in the Seventh 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?

OOptions

A
A) I and II only
B
B) II and III only
C
C) I and III only
D
D) I, II and III

Correct Answer

A) I and II only

DDalvoy Solutions

For constitutional amendments requiring state legislature ratification:

I. List I-Union List in Seventh Schedule: Yes, any amendment to the Union List requires ratification by at least half of the state legislatures as it affects the distribution of powers between Centre and states.

II. Extent of executive power of a State: Yes, changes to the extent of state executive power affect federal structure and require state legislature ratification under Article 368.

III. Conditions of Governor's office: No, amendments related to the Governor's office conditions do not require state ratification as these are considered matters of central appointment and constitutional structure, not affecting the federal distribution of powers.

Therefore, only subjects I and II require state ratification before presidential assent.

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For constitutional amendment procedures, focus on amendments that affect the federal structure, distribution of powers, or representation of states. These typically require state legislature ratification.

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Polity & Governance - Constitutional amendment procedures and federalism

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Hard difficulty - requires detailed understanding of Article 368 and amendment procedures

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