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Question

Q. With reference to the Special Majority for a constitutional amendment, which of the following situation(s) require ratification by half of the State legislatures?

Select the correct answer using the code given below:


A
1 and 2 only
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B
2 and 3 only
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C
1 and 4 only
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D
2, 3 and 4 only
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Solution

The correct option is B 2 and 3 only

Explanation:

Statement 1 is incorrect: Any amendment to the Fifth and Sixth Schedule of the Constitution regarding Scheduled Areas requires amendment through Simple Majority.

Statement 2 is correct: Any amendment to the federal nature of the polity may be amended by a special majority of the Parliament and also with the consent of half of the State Legislature by a simple majority. Distribution of legislative relations under Article 249, Article 250, Article 252, Article 253, and Article 356 affect the federal structure of the polity.

Statement 3 is correct: The manner of election to the office of President affects the federal structure of the Indian polity since it involves votes of members of Legislative Assemblies as well. Hence, any amendment to the same requires a Special Majority in Parliament along with ratification of half the State Legislative House.

Statement 4 is incorrect: Amendment to provisions of Part III i.e., Fundamental Rights and Part IV i.e., Directive Principles of State Policy may be amended by a special majority of not less than two-thirds of the members of the house present and voting which is more than a majority of the total membership of that House.


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