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Question

Which of the following can be amended by simple majority of Parliament ?
1. Second Schedule
2. Elections to Parliament and state legislatures.
3. Election of the President and its manner.
4. Fifth Schedule
5. Seventh Schedule

Options:



A
a) 1,4 and 5 only
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B
b) 2 and 3 only
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C
c) 1,2 and 4 only
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D
d) All of the above
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Solution

The correct option is C c) 1,2 and 4 only

Answer : C
The Constitution can be amended in three ways:
(a) Amendment by simple majority of the Parliament,
(b) Amendment by special majority of the Parliament, and
(c) Amendment by special majority of the Parliament and the ratification of half of the state
legislatures.

By Simple Majority of Parliament:

Admission or establishment of new states.
Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
Quorum in Parliament.
Use of English language in Parliament.
Use of official language.
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.


By Special Majority of Parliament :

(i) Fundamental Rights;
(ii) Directive Principles of State Policy; and
(iii) All other provisions which are not covered by the first and third categories.

By Special Majority of Parliament and Consent of States :
Election of the President and its manner.
Extent of the executive power of the Union and the states.
Supreme Court and high courts.
Distribution of legislative powers between the Union and the states.
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).

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