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Question

Q. Consider the following:

Which of the above provisions require ratification by states for amendment?

A

1 only
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B

2 and 3 only
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C

1 and 2 only
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D

1, 2 and 3
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Solution

The correct option is A
1 only
Explanation:

Statement 1 is correct: For some articles of the Constitution, a special majority is not sufficient. When an amendment aims to modify an article related to distribution of powers between the States and the central government, or articles related to representation, it is necessary that the States must be consulted and that they give their consent.

Statement 2 and 3 are incorrect: A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368. These provisions include:
  • Admission or establishment of new states.
  • Formation of new states and alteration of areas, boundaries or names of existing states.
  • Abolition or creation of legislative councils in states.
  • Second Schedule-emoluments,
  • Allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
  • Quorum in Parliament.
  • Salaries and allowances of the members of Parliament.
  • Rules of procedure in Parliament.
  • Privileges of the Parliament, its members and its committees.
  • Use of the English language in Parliament.
  • Number of puisne judges in the Supreme Court.
  • Conferment of more jurisdiction on the Supreme Court.
  • Conferment of more jurisdiction on the Supreme Court.
  • Citizenship-acquisition and termination.
  • Elections to Parliament and state legislatures.
  • Delimitation of constituencies.
  • Union territories
  • Fifth Schedule-administration of scheduled areas and scheduled tribes.
  • Sixth Schedule-administration of tribal areas.

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