Article 368 State Ratification Time
Article 368 governs constitutional amendments. Notably, the Constitution imposes no time limit for state legislatures to ratify an amendment, nor does it address if states can withdraw their approval.
Primary Reference: Standard Educational Reference
Target: UPSC Civil Services Examination
Updated:
Difficulty
Medium
Skill Tested
Factual Recall
Examine the procedural mechanics governing federal ratification under Article 368:
1. The Constitution explicitly mandates that state assemblies must vote on ratification within six months of receiving the bill.
2. Article 368 grants Parliament unlimited constituent power, overriding even the basic structure of the Constitution.
3. The constitutional text lacks any prescribed deadline for states to either approve or reject an amendment.
Detailed Solution & Context
Analyze the following Assertion and Reason regarding parliamentary amendment powers:
1. Assertion (A): Parliament's power to amend the Constitution under Part XX is not absolute.
2. Reason (R): The judiciary has established that Parliament cannot utilize Article 368 to alter or destroy the 'basic structure' of the Constitution.
Detailed Solution & Context
A Constitutional Amendment Bill modifying the federal distribution of taxes passes Parliament and is sent to the states. Five states rapidly ratify the bill. However, a month later, political leadership changes in two of those states, and they pass a new resolution attempting to 'withdraw' their previous ratification. Additionally, ten other states refuse to vote on the bill for over two years. Based on constitutional text, how are these actions resolved?
1. The withdrawal is valid, and the two-year delay forces the bill to automatically expire.
2. The Constitution is silent on withdrawal and prescribes no time limit for the delay.
3. Withdrawal is explicitly prohibited, but the two-year delay violates the mandatory six-month voting window.
4. The Supreme Court must enforce ratification if states delay beyond one legislative session.
Detailed Solution & Context
How many of the following are explicitly defined textual rules found within Article 368 regarding state ratification?
1. A strict six-month deadline for state legislatures to vote on the amendment.
2. A clear procedural mechanism allowing states to withdraw their ratification before the President signs.
3. A provision restricting Parliament from altering the basic structure doctrine.
Detailed Solution & Context
🚨 The Examiner's Trap
Test-takers frequently assume the standard 'six-month' rule (used for ordinances or emergency approvals) applies to state ratification, creating a highly believable false timeline.
⚡ Quick Revision
Concept Flow Mapping
Logic Quest
"Is there a maximum 6-month deadline for state assemblies to vote on a federal amendment?"
Topic Clusters