Article 368(2) prescribes the procedure for constitutional amendment. The proviso to Article 368(2) requires ratification by Legislatures of not less than one-half of the States for amendments to:
Aany Article in Part III (Fundamental Rights) of the Constitution alone (compare Article 368(2) proviso) (compare Article 368(2) proviso)
BArticles 38 and 39 of Part IV — promotion of welfare and certain principles (compare Article 368(2) proviso) (compare Article 368(2) proviso)
CArticle 51A relating to the Fundamental Duties of every citizen of India (compare Article 368(2) proviso) (compare Article 368(2) proviso)
DElection of the President, Articles on the High Courts, distribution of legislative powers, the Seventh Schedule, representation of States, and Article 368 itself
Answer & Solution
Correct answer: D. Election of the President, Articles on the High Courts, distribution of legislative powers, the Seventh Schedule, representation of States, and Article 368 itself
1. The proviso to Article 368(2) lists the entrenched provisions whose amendment requires ratification by the Legislatures of not less than one-half of the States.
2. The list includes: election of the President (Articles 54 and 55), extent of executive power (Articles 73 and 162), High Courts, distribution of legislative powers, lists in the Seventh Schedule, representation of States in Parliament, and Article 368 itself.
3. Ordinary amendments to Part III or DPSPs require only a special majority of Parliament (no State ratification).
4. Hence option D is correct.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 368(2) proviso_
Related questions
In National Legal Services Authority (NALSA) v. Union of India, (2014) 5 SCC 438, the SuprThe Constitution (103rd Amendment) Act, 2019 — providing 10 per cent reservation for EconoArticle 131 of the Constitution confers on the Supreme Court of India:Which case overruled the proposition in A. K. Gopalan v. State of Madras, AIR 1950 SC 27 tArticles 280 (Finance Commission) and 281 (recommendations of the Finance Commission) beloThe Eleventh Schedule of the Constitution lists subjects that may be devolved by State LegArticles 243 to 243-O of the Constitution, inserted by the 73rd Amendment Act, 1992, deal The Sixth Schedule of the Constitution provides for the administration of tribal areas in