UPSC Prelims 2025 Q58: Article 368 and State Ratification — Explained

Consider the following subjects under the Constitution of India:

I. List I-Union List, in the Seventh Schedule

II. Extent of the executive power of a State

III. Conditions of the Governor's office

For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?

  1. I and II only
  2. II and III only
  3. I and III only
  4. I, II and III

Answer: (a) I and II only

Statement-wise explanation

  • I: correct — Clause (c) of the proviso to Article 368(2) covers 'any of the Lists in the Seventh Schedule'. That includes List I (Union List), List II (State List) and List III (Concurrent List). Moving or changing an entry in any list shifts law-making power between the Union and the States, so the States must ratify. Example: the GST amendment (101st Amendment Act, 2016) changed entries in the Seventh Schedule and was ratified by more than half the States before the President gave assent on 8 September 2016.
  • II: correct — Article 162 sets the extent of the executive power of a State. Article 162 is named in clause (a) of the proviso to Article 368(2), along with Articles 54, 55, 73, 241 and 279A. Article 73 is its Union counterpart and covers the extent of the Union's executive power. Both articles mark where Union executive power ends and State executive power begins, so an amendment to either needs ratification by at least half the State Legislatures.
  • III: incorrect — Article 158 sets the conditions of the Governor's office. A Governor cannot sit in Parliament or a State Legislature and cannot hold another office of profit. A Governor gets an official residence, and their emoluments cannot be cut during their term. Article 158 is in Chapter II of Part VI (The Executive). The proviso names only Chapter V of Part VI (the High Courts). Article 158 is not listed anywhere in the proviso, so Parliament can amend it by special majority alone, without the States.

How to eliminate

Option structure and one idea from federalism get you to the answer. The idea: States ratify an amendment only when it changes how power is divided between the Union and the States, or how the States take part in Union institutions. Statement I is the best-known case, because the Seventh Schedule lists are the core of the federal division. That leaves the options that include I. Next, compare II and III using the same idea. The 'extent of executive power' of a State marks where Union and State executive power meet, so it is a federal matter. The 'conditions of the Governor's office' (no other office of profit, emoluments, residence) are service terms of one office and do not move power between the Union and the States. Candidates often pick III because the Governor 'sounds' like a State matter. Note that the President's election (Articles 54, 55) is in the proviso, but nothing about the Governor is. The fact to remember is the proviso itself: Articles 54, 55, 73, 162, 241, 279A; Chapter IV of Part V (Union judiciary); Chapter V of Part VI (High Courts); Chapter I of Part XI (legislative relations); the Seventh Schedule lists; representation of States in Parliament; and Article 368 itself.

Know more

Three ways to change the Constitution

Method Majority needed Examples
Simple majority (outside Art. 368) Ordinary law of Parliament Creating new States (Art. 4), Second Schedule salaries, quorum rules
Special majority (Art. 368(2)) Majority of total membership of each House and two-thirds of members present and voting Fundamental Rights, Directive Principles, most other provisions
Special majority + State ratification (proviso to Art. 368(2)) Special majority plus resolutions by the Legislatures of not less than half the States Federal provisions listed below

The proviso list (memorise it)

  • Art. 54 and 55: election of the President (State MLAs vote in it)
  • Art. 73 and 162: extent of Union and State executive power
  • Art. 241: High Courts for Union Territories
  • Art. 279A: GST Council (added in 2016)
  • Chapter IV of Part V: Supreme Court
  • Chapter V of Part VI: High Courts
  • Chapter I of Part XI: legislative relations between Union and States
  • Any list in the Seventh Schedule
  • Representation of States in Parliament
  • Article 368 itself

Points UPSC tests

  • Each House must pass the Bill separately. There is no joint sitting for amendment Bills.
  • The President must give assent (24th Amendment, 1971).
  • The Constitution sets no time limit for States to ratify.
  • Things that look federal but are not in the proviso: the Governor's appointment, term and conditions of office (Art. 155–158), the creation or reorganisation of States (Art. 3–4, done by simple majority), and the Finance Commission (Art. 280).

NCERT Concepts to Revise

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