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?
Contents17
- AI and II only
- BII and III only
- CI and III only
- DI, II and III
Show answer
Answer: (A) I and II only
Under Article 368 of the Constitution, certain types of constitutional amendments require ratification by the legislatures of not less than one-half of the States (in addition to the special majority in Parliament).
These typically involve matters that affect the federal structure.
(I) List I (Union List) in the Seventh Schedule — YES, requires state ratification.
Changing the Union List affects the distribution of legislative powers between Centre and States, which is fundamental to federalism. ✓
(II) Extent of executive power of a State — YES, requires state ratification.
The executive power of a State (Article 162) is co-extensive with its legislative power.
Any amendment affecting this directly impacts state autonomy. ✓
(III) Conditions of Governor's office — NO, does NOT require state ratification.
The Governor's office conditions (Articles 153-156 — appointment, term, qualifications, etc.) can be amended by the special majority in Parliament alone.
The Governor is a Central appointee, and changing their office conditions doesn't alter the fundamental federal balance in the way that changing legislative lists or state executive power does. ✗
I and II require state ratification. Answer is (a).
Only amendments affecting the federal structure between Centre and States require ratification by half the state legislatures under Article 368.
The Governor is a Central appointee, so changes to the Governor's office conditions do not affect the federal balance and need only Parliament's special majority.
Article 368 Amendment Procedures
Indian Polity constitutional amendment Article 368 ratification one-half of the States
Article 368: Constitutional Amendment Procedures & State Ratification
Article 368 prescribes three types of amendment procedures based on the subject matter
State ratification by at least half the states is required only for amendments affecting federal structure
Special majority in Parliament (2/3rd present + majority of total strength) is needed for most amendments
Simple majority suffices only for amendments under Article 368(1) like citizenship, elections, etc.
Article 368 establishes the constitutional amendment process in India. Unlike rigid constitutions that have uniform amendment procedures, India follows a flexible approach with different procedures based on the nature of the provision being amended.
Three Types of Amendment Procedures
Procedure Type | Parliamentary Requirement | State Ratification | Examples |
|---|---|---|---|
Simple Majority | Majority of members present | Not required | Citizenship acquisition, election procedures, scheduled areas |
Special Majority | 2/3rd present + majority of total | Not required | Fundamental Rights, DPSP, judicial powers |
Special Majority + State Ratification | 2/3rd present + majority of total | At least half the states | Distribution of powers, representation in Parliament |
When State Ratification is Required
Amendments affecting distribution of legislative powers between Centre and States (Articles 245-255)
Changes to representation of states in Parliament (Articles 81, 82)
Modifications to executive power of states or Union territories
Alterations to Seventh Schedule (Union, State, Concurrent Lists)
Changes to High Court jurisdiction and organization
Subjects Requiring State Ratification
# State Ratification Required
## Legislative Powers
- Union List (List I)
- State List (List II)
- Concurrent List (List III)
- Residuary powers
## Executive Powers
- State executive power
- Union territory administration
- Emergency provisions
## Parliamentary Representation
- State representation in Lok Sabha
- State representation in Rajya Sabha
- Election procedures
## Judicial Structure
- High Court jurisdiction
- High Court organization
- Supreme Court jurisdiction over statesQuestion Analysis
This question tests understanding of which constitutional provisions require state ratification. List I (Union List) and extent of state executive power both affect the federal balance, hence need state approval. Governor's office conditions are administrative matters concerning a central appointee, not requiring state ratification.
Trap: Governor's conditions seem state-related but Governor is a Central appointee - no state ratification needed
Trap: All Seventh Schedule changes need ratification - only distribution changes need it, not procedural modifications
Trap: Executive power changes always need ratification - only state executive power needs it, not Union executive power
Trap: 'One-half of states' means absolute majority of all states, not just those participating
Seventh Schedule Legislative Lists
Indian Polity List I Union List Seventh Schedule
Seventh Schedule: Distribution of Legislative Powers
Seventh Schedule contains three lists dividing legislative powers between Centre and States
List I (Union List) has 100 subjects exclusively for Parliament
List II (State List) has 61 subjects exclusively for State Legislatures
List III (Concurrent List) has 52 subjects for both Parliament and State Legislatures
Three Legislative Lists Comparison
List | Name | Subjects Count | Legislative Authority | Key Examples |
|---|---|---|---|---|
List I | Union List | 100 | Parliament only | Defence, foreign affairs, currency, railways |
List II | State List | 61 | State Legislature only | Police, agriculture, local government, fisheries |
List III | Concurrent List | 52 | Both (Parliament prevails) | Education, forests, marriage, contracts |
Union List Key Subjects
Defence and armed forces - army, navy, air force, defence production
Foreign affairs - diplomatic relations, treaties, extradition, passport
Communication - posts, telegraphs, telephones, wireless, internet
Transport - railways, national highways, shipping, aviation
Financial - currency, banking, insurance, stock exchanges
Constitutional Principles
Residuary powers belong to Parliament (unlike USA where states get residuary powers)
Concurrent List conflicts - Parliamentary law prevails over state law
Emergency provisions - Parliament can legislate on State List during emergencies
National interest - Parliament can legislate on State subjects if Rajya Sabha passes resolution
Trap: State List has more subjects than Union List - Union List has 100, State List has 61
Trap: Residuary powers with states like USA - in India residuary powers with Parliament
Trap: All List changes need state ratification - only boundary/scope changes need it
Trap: Concurrent List means equal power - Parliament's law prevails in case of conflict
State Executive Power (Article 162)
Indian Polity executive power of a State extent of the executive power
Article 162: Extent of State Executive Power
Article 162 defines that state executive power is co-extensive with state legislative power
States can execute laws on State List and Concurrent List subjects within their territory
Union executive power prevails over state executive power in case of conflict
Article 162 establishes the fundamental principle that a state's executive power extends to all matters on which the state legislature can make laws. This co-extensive principle ensures clear division of executive responsibilities in India's federal structure.
Executive Power Distribution
Authority | Executive Power Scope | Constitutional Basis | Key Limitation |
|---|---|---|---|
Union Government | Union List + Concurrent List + Residuary | Article 53 & 73 | Cannot interfere in purely state matters |
State Government | State List + Concurrent List | Article 154 & 162 | Subject to Union executive power |
Both (Overlap) | Concurrent List subjects | Articles 73 & 162 | Union executive power prevails |
Co-extensive Principle Explained
Legislative and executive powers match - if state can make law, it can execute it
Territorial limitation - state executive power limited to state boundaries
Concurrent subjects - both Centre and state can execute, but Union prevails
Administrative coordination - Article 256 requires states to comply with Union laws
Executive Power Conflict Resolution
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Conflict arises**
Centre and state have overlapping executive actions`"]
s2["`**Check legislative competence**
Determine which list the subject falls under`"]
s3["`**Apply hierarchy**
Union executive power prevails over state executive power`"]
s4["`**Article 256 compliance**
State must ensure compliance with Union directions`"]
s1 --> s2
s2 --> s3
s3 --> s4Trap: State executive power is independent of legislative power - they are co-extensive
Trap: States have executive power over Union List - only Union List subjects go to Centre
Trap: Equal executive power on Concurrent List - Union executive power prevails
Trap: Governor's executive power needs state ratification - Governor is Union appointee
Governor's Office Conditions
Indian Polity Governor's office Conditions of the Governor's office
Governor's Office: Appointment, Tenure & Conditions (Articles 153-156)
Governor is appointed by the President - not elected, hence Central appointee
Five-year tenure but serves at President's pleasure - can be removed anytime
Constitutional qualifications - Indian citizen, 35+ years, not MP/MLA
Conditions of office can be amended by special majority only - no state ratification
Governor's Office Constitutional Framework
Aspect | Constitutional Provision | Details | Amendment Procedure |
|---|---|---|---|
Appointment | Article 155 | By President on PM's advice | Special majority |
Qualifications | Article 157 | Citizen, 35+ years, not MP/MLA/office of profit | Special majority |
Tenure | Article 156 | 5 years, pleasure of President | Special majority |
Salary & Allowances | Article 158 | ₹3.5 lakh per month (current) | Special majority |
Oath | Article 159 | Before Chief Justice of High Court | Special majority |
Why No State Ratification Required
Central appointee - Governor represents Union government in states
Administrative position - changes don't affect federal power distribution
Uniform conditions - same rules apply across all states
Constitutional office - but not fundamental to federal structure like legislative lists
Governor's Key Constitutional Roles
Executive head of the state - appoints CM and council of ministers
Legislative role - summons/prorogues assembly, assent to bills
Emergency powers - can recommend President's rule under Article 356
Discretionary powers - in hung assembly, during constitutional breakdown
Trap: Governor's office affects states so needs ratification - Governor is Central appointee
Trap: All state-related constitutional changes need state consent - only federal structure changes do
Trap: Governor represents state interests - Governor represents Union government interests
Trap: Governor's removal needs state approval - President can remove at pleasure