Question 62 from UPSC CSE 2025 - Polity & Governanc e

Question

Consider the following subjects under the Constitution of India:
I. List I â 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?

IASCODEX · Accepted Answer

Correct Option: A. I and II only

Strategy: Identify which matters, when amended, require state ratification under Article 368(2) proviso. List I (Union List) falls directly under the Seventh Schedule changes—it is listed for mandatory State ratification. The extent of State executive power is governed by Articles 73 and 162, which are explicitly mentioned for ratification. Conditions of the Governor's office fall under Article 158, which is not among those articles needing state consent for amendment. Thus, only I and II require ratification by half the States. Direct mapping to constitutional provisions helps exclude option III confidently.

Key Info: Article 368 of the Constitution of India governs the procedure for amending the Constitution. Under Article 368(2), a constitutional amendment generally requires a special majority in both Houses of Parliament. However, the proviso to Article 368(2) mandates that certain amendments must also be ratified by the legislatures of not less than one-half of the States before the bill is presented to the President for assent. These include amendments that seek to make changes to:
*   (i) Articles 54, 55, 73, 162, or 241;
*   (ii) any of the Lists in the Seventh Schedule (Union List, State List, Concurrent List); and
*   (iii) the representation of States in Parliament or the powers of the Supreme Court or High Courts.

List I (Union List) is part of the Seventh Schedule and any amendment to it alters the distribution of legislative power between the Union and States, requiring State ratification. The 'extent of the executive power of a State' is dealt with by Article 162, and changes to it also necessitate State ratification. The 'conditions of the Governor's office' are addressed by Article 158 and the Second Schedule and do not fall within the constitutional subjects for which State ratification is needed. Past examples of amendments requiring State ratification include the Constitution (Seventh Amendment) Act, 1956 (States Reorganization), and the 42nd Amendment (1976).

IASCODEX · Answer

Option B: II and III only

IASCODEX · Answer

Option C: I and III only

IASCODEX · Answer

Option D: I, II and III