Article 368 Exceptions Simple Majority
Several constitutional provisions are amended outside the scope of Article 368 via a simple majority. These include the establishment of new states, abolition of legislative councils, and constituency delimitation.
Primary Reference: Standard Educational Reference
Target: UPSC Civil Services Examination
Updated:
Difficulty
Hard
Skill Tested
Conceptual Clarity
Determine which of the following legislative actions is legally categorized as a formal Constitutional Amendment falling under the purview of Article 368:
1. A parliamentary law establishing a newly carved state from an existing territory.
2. A statute modifying the items enumerated in the Concurrent List of the Seventh Schedule.
3. A resolution concluding the operational existence of a state's upper legislative chamber.
Detailed Solution & Context
Examine the following Assertion and Reason concerning electoral and territorial modifications:
1. Assertion (A): A bill undertaking the delimitation of electoral constituencies is not subjected to the special majority requirements of Article 368.
2. Reason (R): The Constitution classifies delimitations, alongside the admission of new states, as administrative actions that require only a simple majority in Parliament.
Detailed Solution & Context
A newly elected government decides to drastically overhaul the nation. They introduce two bills. Bill Alpha transfers 'Education' from the Concurrent List to the Union List. Bill Beta establishes a new state named 'Gondwana'. The government pushes both bills through using a standard simple majority and sends them to the President. What is the constitutional validity of this strategy?
1. Both bills are legally valid as Parliament possesses sovereign authority over state formation and lists.
2. Bill Alpha is invalid because amending the Concurrent List requires Article 368 procedures; Bill Beta is valid.
3. Bill Beta is invalid because creating new states requires Article 368 procedures; Bill Alpha is valid.
4. Both bills are invalid because any change to constitutional text requires Article 368 procedures.
Detailed Solution & Context
How many of the following constitutional subjects are explicitly exempted from the amendment procedures outlined in Article 368?
1. The structural architecture of the Goods and Services Tax (GST) Council.
2. The redrawing and delimitation of parliamentary constituencies.
3. The creation or abolition of State Legislative Councils.
Detailed Solution & Context
🚨 The Examiner's Trap
Test-takers frequently mix up 'federal structure' elements (Concurrent List, GST Council - needing strict Article 368 process) with 'territorial' elements (new states, delimitation - needing only simple majority).
⚡ Quick Revision
Concept Flow Mapping
Logic Quest
"Is a bill to abolish a state's legislative council considered a 'Constitutional Amendment Bill' under Article 368?"
Topic Clusters