Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislatures of not less than one-half of the States ? I. Election of the President II. Representation of States in Parliament III. Any of the Lists in the 7th Schedule IV. Abolition of the Legislative Council of a State Choose the correct answer from the codes given below : Codes :

1. Article 368: Power and Procedure of Amendment (basic)

To understand the Indian Constitution, we must first view it as a living document. It is designed to evolve alongside the changing needs of the nation. Article 368, located in Part XX of the Constitution, provides the specific 'toolbox' for this evolution. It grants Parliament the 'constituent power' to amend the Constitution by way of addition, variation, or repeal. This power is distinct from ordinary legislative power; while Parliament makes regular laws under Article 245, it 'renovates' the constitutional framework itself under Article 368 D. D. Basu, Introduction to the Constitution of India, Chapter 10, p.196.

The beauty of the Indian amendment process lies in its synthesis of flexibility and rigidity. Unlike the British Constitution, which can be changed by a simple majority like any other law, or the U.S. Constitution, which is famously difficult to amend, India adopts a middle path. Some provisions can be changed easily, while others require more rigorous hurdles to ensure stability Laxmikanth, Indian Polity, Amendment of the Constitution, p.123.

Before we dive into the specific types of majorities, it is essential to master the preliminary rules of how an amendment begins:

• Initiation: An amendment can only be initiated in either House of Parliament (Lok Sabha or Rajya Sabha). State Legislatures have no power to propose a constitutional amendment.
• The Mover: The bill can be introduced by either a Minister (Government Bill) or a Private Member (any MP who is not a minister).
• No Prior Permission: Unlike some financial bills, a constitutional amendment bill does not require the prior recommendation of the President to be introduced in Parliament.

Feature	Requirement under Article 368
Origin of Bill	Either House of Parliament only
President's Prior Consent	Not required
Who can introduce?	Both Ministers and Private Members

Sources: Introduction to the Constitution of India, Chapter 10, p.196; Indian Polity, Amendment of the Constitution, p.123

2. Three Modes of Constitutional Amendment (basic)

The Indian Constitution is often described as a unique blend of rigidity and flexibility. To maintain this balance, it provides for three distinct 'lanes' or modes of amendment, depending on the importance and nature of the provision being changed. While Article 368 is the primary source of power for amendments, it is crucial to understand that not all changes to the Constitution's text are treated as formal 'Article 368 amendments' Indian Polity, Amendment of the Constitution, p.124. Some changes are made through the ordinary legislative process, while others require the highest level of consensus involving the states.

The three modes are structured as follows:

• Amendment by Simple Majority: These are provisions that can be changed by a majority of members present and voting in each House, just like an ordinary law. Interestingly, these are not deemed to be amendments under Article 368. Examples include the admission of new states, rules of procedure in Parliament, and the salaries of MPs Indian Polity, Parliament, p.258.
• Amendment by Special Majority: This is the standard procedure under Article 368 for most provisions, such as Fundamental Rights and Directive Principles of State Policy. It requires a majority of the total membership of each House and a majority of two-thirds of the members present and voting.
• Amendment by Special Majority + State Ratification: This is the most rigid path, reserved for federal provisions where the interests of the states are directly involved. After being passed by a special majority in Parliament, the amendment must be ratified by the legislatures of at least half of the states by a simple majority. This applies to matters like the election of the President, the distribution of legislative powers (Seventh Schedule), and the representation of states in Parliament.

Mode	Requirement	Scope
Simple Majority	50% + 1 of those present & voting	Outside Art. 368 (e.g., New States)
Special Majority	50% of total + 2/3rd of present & voting	Inside Art. 368 (e.g., Fundamental Rights)
Special + Ratification	Special Majority + 50% of State Legislatures	Inside Art. 368 (Federal provisions)

Sources: Indian Polity, Amendment of the Constitution, p.124; Indian Polity, Parliament, p.258

3. Provisions Amended by Simple Majority (Outside Art 368) (intermediate)

When we talk about amending the Constitution, we usually think of the rigorous processes under Article 368. However, our Constitution-makers were wise enough to realize that certain administrative or less sensitive matters should be flexible enough to change with the times without a cumbersome process. This is why several provisions can be changed by a simple majority (a majority of members present and voting in each House), similar to how ordinary laws are passed. Indian Polity, M. Laxmikanth, Amendment of the Constitution, p.124

The most crucial thing to understand here is that although these changes technically alter the text or the working of the Constitution, they are formally excluded from the scope of Article 368. This means that if Parliament passes a law to create a new State under Article 3 or abolish a Legislative Council under Article 169, it is NOT counted as a "Constitutional Amendment Act" in the numbered sequence (like the 101st or 105th Amendment). These are treated as ordinary statutes. Introduction to the Constitution of India, D. D. Basu, Procedure for Amendment, p.196

Common provisions that fall under this category include:

• Admission or establishment of new states and alteration of areas, boundaries, or names of existing ones (Articles 2, 3, and 4).
• Abolition or creation of Legislative Councils in states (Article 169).
• Second Schedule matters, such as the emoluments and privileges of the President, Governors, Speakers, and Judges. Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.39
• Administrative details like the quorum in Parliament, salaries of MPs, rules of procedure in Parliament, and the use of the English language in Parliament.
• Citizenship (acquisition and termination) and Elections to Parliament and state legislatures.

Feature	Simple Majority (Outside Art. 368)	Special Majority (Under Art. 368)
Nature	Ordinary legislative process.	Constituent power of Parliament.
Examples	Changing State boundaries, Citizenship, Quorum.	Fundamental Rights, Directive Principles.
Technicality	Not deemed an "Amendment" for Art. 368.	Is a formal "Constitutional Amendment".

Sources: Indian Polity, M. Laxmikanth, Amendment of the Constitution, p.124; Introduction to the Constitution of India, D. D. Basu, Procedure for Amendment, p.196; Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.39

4. Federalism and State Consent in Amendments (intermediate)

In a federal system, the Constitution isn't just a rulebook for the central government; it is a shared agreement between the Union and the States. As we've seen, India is described as a 'Union of States', implying a distribution of powers that cannot be unilaterally altered by one side Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.29. To protect this federal character, Article 368 includes a 'Proviso': any amendment that seeks to change the 'federal structure' requires not just a special majority in Parliament, but also ratification by the legislatures of at least half of the States by a simple majority.

This requirement ensures that the powers of the States are not 'at the mercy of the central government' Indian Constitution at Work, NCERT Class XI, CONSTITUTION AS A LIVING DOCUMENT, p.204. The following table highlights the specific areas where the States must have a say:

Category	Provisions Requiring State Consent
The Executive	Election of the President and its manner (Articles 54 & 55); Extent of executive power of the Union and States.
The Judiciary	Provisions relating to the Supreme Court and High Courts.
Legislative Power	Distribution of legislative powers; Any of the three lists in the Seventh Schedule; Representation of States in Parliament.
Constitutional Core	Article 368 itself (the power and procedure of amendment).

It is crucial to distinguish these from matters that seem federal but aren't treated as constitutional amendments under Article 368. For instance, the abolition or creation of a State Legislative Council (Article 169) or the reorganization of state boundaries (Articles 2-4) are handled via a simple act of Parliament. These do not require ratification by half of the states because the Constitution specifically excludes them from the formal amendment procedure Indian Polity, M. Laxmikanth(7th ed.), Amendment of the Constitution, p.125.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.29; Indian Constitution at Work, NCERT Class XI, CONSTITUTION AS A LIVING DOCUMENT, p.204; Indian Polity, M. Laxmikanth(7th ed.), Amendment of the Constitution, p.125

5. Legislative Councils: Creation and Abolition (Article 169) (intermediate)

In our journey through the amendment procedures, we encounter certain provisions that look like amendments but technically aren't. Article 169 is a prime example. While the Constitution generally follows a bicameral system at the Center, it allows States the flexibility to decide if they want a second chamber—the Legislative Council (Vidhan Parishad). Because this institution was criticized in the Constituent Assembly for being expensive and potentially obstructive, the framers made its creation and abolition relatively flexible Indian Polity, M. Laxmikanth(7th ed.), State Legislature, p.334.

The process involves a two-step procedure. First, the State Legislative Assembly must pass a resolution requesting the creation or abolition. This resolution requires a special majority (a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting). Once the State provides this "trigger," the ball is in Parliament's court. Parliament can then enact a law to give effect to this request. Interestingly, Parliament is not legally bound to act on the resolution, as seen in various historical instances Indian Polity, M. Laxmikanth(7th ed.), State Legislature, p.335.

The most critical point for your understanding of the "Amendment Procedure" is found in Article 169(3). It explicitly states that any law made for the creation or abolition of a Council "shall not be deemed to be an amendment of this Constitution for the purposes of Article 368." This means that even though the structure of the state government changes, the law is passed by Parliament like ordinary legislation using a simple majority. Consequently, it does not require the rigid procedures of Article 368, such as the special majority in both houses of Parliament or the ratification by half of the states Introduction to the Constitution of India, D. D. Basu (26th ed.), Procedure for Amendment, p.194.

Stage	Authority	Required Majority
Initiation (Resolution)	State Legislative Assembly	Special Majority (2/3rd PV + 50% Total)
Final Enactment (Law)	Parliament	Simple Majority (Ordinary Law)

Sources: Indian Polity, M. Laxmikanth(7th ed.), State Legislature, p.334-335; Introduction to the Constitution of India, D. D. Basu (26th ed.), Procedure for Amendment, p.194

6. The Proviso to Article 368: The Federal List (exam-level)

In a federal system like India, the Constitution is the supreme law that divides power between the Center and the States. To prevent the Union Parliament from unilaterally altering this delicate balance, Article 368(2) contains a specific 'Proviso'. This proviso identifies certain entrenched provisions that have a direct bearing on the federal structure. For these specific matters, a 'Special Majority' in Parliament is not enough; the amendment must also be ratified by the Legislatures of not less than one-half of the States by simple resolutions before the Bill is presented to the President D. D. Basu, Introduction to the Constitution of India, Procedure for Amendment, p.191.

The 'Federal List' covered under this proviso includes:

• The Election and Manner of Election of the President (Articles 54 and 55), as the President is elected by an electoral college including State MLAs.
• Extent of Executive Power of the Union and the States (Articles 73 and 162).
• The Judiciary, specifically the Supreme Court and High Courts.
• Distribution of Legislative Powers (any of the Lists in the Seventh Schedule).
• Representation of States in Parliament (Fourth Schedule).
• Article 368 itself, ensuring Parliament cannot unilaterally remove the requirement for State ratification D. D. Basu, Introduction to the Constitution of India, Chapter 35, p.509.

It is crucial to distinguish these from other constitutional changes. For instance, the abolition or creation of a State Legislative Council under Article 169 is done by a simple act of Parliament. Even though it affects a State, the Constitution explicitly states such laws are not deemed to be amendments under Article 368. Therefore, they do not require the rigorous ratification process of the Proviso D. D. Basu, Introduction to the Constitution of India, Chapter 35, p.509.

Feature	Special Majority + State Ratification	Simple Act of Parliament (Art 169)
Scope	Federal/Entrenched Provisions (e.g., 7th Schedule)	Abolition/Creation of Legislative Councils
State Consent	Mandatory (at least 50% of all States)	State Assembly initiates, but Ratification not required under Art 368
Nature	Formal Constitutional Amendment	Statutory Law (not treated as Art 368 amendment)

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), Procedure for Amendment, p.191; Introduction to the Constitution of India, D. D. Basu (26th ed.), Chapter 35: TABLES, p.509

7. Solving the Original PYQ (exam-level)

This question bridges the gap between your conceptual understanding of India’s federal structure and the procedural mechanics of Article 368. You have learned that while Parliament is the primary amending body, any change that alters the distribution of power between the Union and the States requires a "Double Shield." This process demands a Special Majority in Parliament plus ratification by the legislatures of at least one-half of the States. The building blocks here are the specific federal provisions: the Election of the President (I), Representation of States in Parliament (II), and the Seventh Schedule (III) are foundational to the federal compact, ensuring the Union cannot unilaterally change how States are represented or what powers they exercise.

To arrive at the correct answer, (A) I, II and III, you must apply the logic of exclusion. The primary trap is Statement IV: the Abolition of the Legislative Council of a State. While this sounds like a significant constitutional change, it is governed by Article 169. As explained in Introduction to the Constitution of India, D. D. Basu, such a change is carried out by a simple act of Parliament following a resolution by the concerned State. Crucially, the Constitution explicitly states that such laws are not to be deemed as amendments under Article 368. Therefore, it does not trigger the requirement for ratification by other States.

UPSC often uses Statement IV as a distractor because it involves a State-level institution, leading students to mistakenly believe it requires collective State consent. The key takeaway is to distinguish between federal provisions (which affect all States) and State-specific provisions (which affect only one). Only those amendments that impact the federal character or the provisions of Article 368 itself fall under the proviso requiring ratification. By identifying that IV is an ordinary legislative process, you can confidently eliminate options B, C, and D.