UPSC Prelims 2025 Q58: Indian Polity – Constitutional Framework & Development
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Answer: (a) I and II only
Explanation
Constitutional Amendment - State Ratification:
| Subject | Requires State Ratification (½ States)? | Why |
|---|---|---|
| List I - Union List, Seventh Schedule | YES | Modifying the Seventh Schedule (Union List, State List, Concurrent List) affects Centre-State division of powers → requires ratification by ≥ ½ States under Article 368(2) proviso. |
| Extent of executive power of a State | YES | This relates to Centre-State distribution of executive authority → affects federal balance → requires State ratification. |
| Conditions of the Governor's office | NO | Governor's conditions of service (salary, allowances) are in the Second Schedule - amendments to this do NOT require State ratification. Only Art. 368(2) proviso items need ½ State ratification. |
I and II require State ratification, but NOT III → Answer: I and II only
Article 368 Amendment Categories:
| Category | Process | Examples |
|---|---|---|
| Simple majority | Parliament only | New States (Art. 3), Citizenship |
| Special majority | 2/3 present + voting + majority of total membership | Most constitutional amendments |
| Special majority + State ratification (≥½ States) | Hardest to amend | Seventh Schedule, Election of President, Representation in Parliament, Art. 368 itself, Supreme Court, Governor's power distribution |
Answer: (a) I and II only.
Why each option is right or wrong
- (a) CORRECT. Union List (Seventh Schedule) and executive power distribution both affect Centre-State balance and require state ratification. Governor's conditions of office (Second Schedule) do not require state ratification.
- (b) Incorrect. 'II and III only' would mean Union List changes don't need State ratification — but Seventh Schedule amendments clearly require ≥½ State ratification as they alter Centre-State legislative domains.
- (c) Incorrect. 'I and III only' would mean extent of State executive power doesn't need State ratification — but changes to Centre-State executive power distribution require ≥½ State ratification.
- (d) Incorrect. 'I, II and III' would mean Governor's office conditions also need State ratification. Governor's conditions are in the Second Schedule, which does not require State ratification.
Key point
Seventh Schedule + Centre-State executive power = require State ratification (≥½ States). Governor's office conditions (Second Schedule) = NO State ratification needed.
Remember
Seventh Schedule amendments and Centre-State executive power changes need ratification by ≥½ States. Governor's office conditions (Second Schedule) do NOT need State ratification.
Common mistakes
- Thinking ALL constitutional amendments need State ratification — only specific items affecting Centre-State balance require it.
- Including Governor's conditions of office as requiring State ratification — it's in the Second Schedule which doesn't require State ratification.
- Not knowing which specific articles fall under the 'State ratification required' category — Article 368(2) proviso lists them exhaustively.
Exam tip
State ratification rule: Does the amendment change the balance of power between Centre and States? If yes → likely needs ≥½ State ratification. Seventh Schedule (legislative powers), election of President, representation in Parliament = YES. Governor's salary, court fees = NO.
Sources
- Constitution of India — Article 368 (Power of Parliament to amend Constitution)
- Constitution of India — Seventh Schedule (Legislative Lists)
- M. Laxmikanth — Indian Polity (Amendment Procedure Chapter)