Question

Q. Which of the following provisions of the Constitution can be amended by a Special majority of Parliament and consent of States?

Select the correct answer using the code given below.

• A. 1, 2 and 3 only
• B. 2 only
• C. 1, 3 and 4 only
• D. 1 and 4 only

Answer 1

The correct option is B 2 only

Explanation:

India follows a parliamentary democracy. In a parliamentary democracy, all major decisions are taken by the Parliament. To pass a bill so as to make the laws, the Parliament needs to pass them with a majority. Different types of majorities in the Indian Parliament:

• Absolute
• Effective
• Special

Following are the areas which can be amended by a simple majority:

• 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. Hence Statement 3 is incorrect.
• 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. Hence, Statement 1 is incorrect.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of English language in Parliament.
• The number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Use of official language.
• Citizenship–acquisition and termination.
• Elections to Parliament and state legislatures. Hence, Statement 4 is incorrect.
• Delimitation of constituencies.
• Union territories.
• Fifth Schedule–administration of scheduled areas and scheduled tribes.
• Sixth Schedule–administration of tribal areas.

Following are the areas which can be amended by a special majority of Parliament and Consent of States:

• Election of the President and its manners.
• The extent of the executive power of the Union and the states. Hence, Statement 2 is correct.
• Supreme Court and high courts.
• Distribution of legislative powers between the Union and the states.
• Goods and Services Tax Council
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and its procedure (Article 368 itself).