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?
- A.I and II only
- B.II and III only
- C.I and III only
- D.I, II and III
Correct answer
Explanation
The correct answer is A, I and II only. Both the lists of the Seventh Schedule and the extent of a State's executive power are federal provisions named in the proviso to Article 368(2), so changing them needs ratification by half the State Legislatures.
Article 368(2) lists the matters that touch the federal balance: the election of the President (Articles 54 and 55), the extent of the executive power of the Union and the States (Articles 73 and 162), the Supreme Court and High Courts, the distribution of legislative powers, any of the Lists in the Seventh Schedule, representation of States in Parliament, and Article 368 itself. For these, a special majority in Parliament is not enough; at least half the States must also agree by simple majority in their Legislatures.
B is wrong because the conditions of the Governor's office (Article 158) are not in the proviso. C is wrong for the same reason and because it leaves out II. D is wrong because III needs only a special majority of Parliament.
Exam tip: Seventh Schedule lists, Articles 73 and 162, judiciary, President's election, Article 368 = special majority plus half the States.
Practice Questions
View allIn relation to the powers of the Union Government of India, which one of the following statements is NOT correct?
- A.The Government of India may undertake legislative functions of a territory outside of India by agreement with the Government of that territory
- B.The Union Government may not entrust a State Government with functions over matters where executive power of the Union extends
- C.The Union Government may direct States for construction and maintenance of means of communication of military importance
- D.The Governor may, with consent of Government of India, entrust its officers with functions on matters which fall within the executive power of the State
Show answer
It is not correct, because Article 258 expressly lets the President, with a State Government's consent, entrust to it functions on any matter to which the Union's executive power extends.
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Show answer
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Show answer
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