UPSC CSE Prelims
Amendment Procedure Previous Year Questions (PYQs)

Detailed Explanation:

✅ Statement I is Correct: Any amendment affecting the Union List (Seventh Schedule) changes the distribution of legislative powers between the Centre and States. Therefore, it requires ratification by at least half of the State Legislatures under Article 368.

✅ Statement II is Correct: Changes in the extent of the executive power of a State affect Centre-State relations and also require ratification by not less than one-half of the States.

❌ Statement III is Incorrect: The conditions of the Governor's office can be amended by Parliament through the special majority procedure and do not require State ratification.

Therefore, only I and II require ratification by at least half of the States.

📝 Short Notes: Constitutional Amendments Requiring State Ratification

Key Fact:

Under Article 368, certain federal provisions can be amended only after ratification by not less than one-half of the State Legislatures.

Detailed Explanation:

Answer: Option 4 — 1, 2 and 3

Article 368 of the Indian Constitution provides Parliament with comprehensive powers to amend the Constitution through three distinct methods: addition (inserting new provisions), variation (modifying existing provisions), and repeal (removing provisions). This flexibility ensures the Constitution remains a living document capable of adapting to changing social, political, and economic needs while maintaining constitutional continuity.

✅ Statement 1 (Addition) – Correct: Parliament can add new provisions to the Constitution, such as the insertion of Article 15(5) through the 93rd Amendment Act, 2005, allowing reservations in educational institutions.

✅ Statement 2 (Variation) – Correct: Parliament can modify existing constitutional provisions, as demonstrated by the 42nd Amendment Act, 1976, which altered the Preamble and various other articles.

✅ Statement 3 (Repeal) – Correct: Parliament can remove constitutional provisions entirely, exemplified by the 26th Amendment Act, 1971, which abolished privy purses for former rulers of princely states.

📝 Short Notes: Constitutional Amendment Powers under Article 368

• Article 368: Provides the procedure and power to Parliament to amend any provision of the Constitution, making it neither too rigid nor too flexible.
• Three Methods of Amendment: Addition (inserting new articles/clauses), Variation (modifying existing provisions), and Repeal (removing provisions completely).
• Amending Process: Requires a special majority (majority of total membership + 2/3rd of members present and voting) in both Houses of Parliament; some amendments also require ratification by at least half of the state legislatures.
• Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), limiting Parliament's amending power—certain fundamental features cannot be altered or destroyed.
• Types of Amendments: Simple majority amendments (e.g., creation/abolition of states), special majority amendments (most provisions), and special majority plus state ratification (federal provisions, representation, etc.).
• Notable Amendments: 42nd Amendment (Mini-Constitution), 44th Amendment (restored some rights curtailed during Emergency), 73rd & 74th Amendments (local self-governance), 101st Amendment (GST).

Detailed Explanation:

Answer: Option 2 — 2 and 3 only

This question tests knowledge about the procedure for Constitutional Amendment under Article 368. Statement 1 is incorrect because a Constitution Amendment Bill does not require prior recommendation of the President and can be introduced by any member. Statements 2 and 3 are correct regarding Presidential assent being obligatory and the special majority requirement in both Houses without provision for joint sitting.

❌ Statement 1 – Incorrect: A Constitution Amendment Bill can be introduced by a minister or private member without prior recommendation of the President, unlike Money Bills or Bills affecting state powers under Article 368(2).

✅ Statement 2 – Correct: The 24th Constitutional Amendment (1971) made Presidential assent obligatory for Constitution Amendment Bills by amending Article 368, removing Presidential discretion in this matter.

✅ Statement 3 – Correct: Constitution Amendment Bills must be passed by special majority (majority of total membership and 2/3rd of members present and voting) in both Houses separately, with no provision for joint sitting.

📝 Short Notes: Constitutional Amendment Procedure (Article 368)

Detailed Explanation:

❌ Statement 1 – Incorrect: A constitutional amendment bill can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha), not just Lok Sabha.

❌ Statement 2 – Incorrect: Amendments affecting the federal character require ratification by legislatures of at least half of the states, not all states.