Medium Conceptual Clarity

Amendment of Federal Provisions

Analyze Amendment of Federal Provisions via authoritative sources.

Official Question UPSC 2025

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?

Solution & Analysis

Answer: A
According to Article 368 of the Constitution of India, amendments to certain provisions that affect the federal structure require a special majority in Parliament along with ratification by the legislatures of at least one-half of the states.
•Statement I (Correct): Any modification to the Seventh Schedule (which includes the Union, State, and Concurrent lists) directly alters the distribution of legislative powers between the Centre and States. Thus, it mandates state ratification.
•Statement II (Correct): Changes concerning the extent of the executive power of the Union (Article 73) and the executive power of a State (Article 162) impact federal balance, explicitly requiring state ratification under Article 368.
•Statement III (Incorrect): The conditions of the Governor's office are dictated by Parliament. Amending these provisions does not fall under the entrenched federal clauses of Article 368(2) and therefore can be achieved by Parliament without state ratification.

Quick Recall

Constitutional amendments altering the Union List or state executive powers require ratification by half of the state legislatures. Parliament alone holds the authority to change Governor conditions.

Concept Flow Mapping

Article 368
Governs
Constitutional Amendments
Union List Alterations
Require
State Ratification
Governor Conditions
Altered By
Parliament Alone

Concept Question

Does amending the conditions of the Governor's office require state ratification under Article 368?

Key Takeaway

No, it can be amended by Parliament alone.

Examiner's Trap

Statement III is the trap. Since the Governor is the executive head of the state, students intuitively assume modifying the office requires state consent. However, the Governor is a Presidential appointee, and the office's conditions (Article 158) are governed solely by Parliament.

Core Insight

The Seventh Schedule dictates the division of legislative power. Unilateral alteration by Parliament would destroy the federal structure, a basic feature of the Constitution.