Maarg Manthan · Topic 9.4

Amendment by Special Majority with Ratification by State Legislatures

Indian Polity › Constitutional Amendment · Topic 9.4

Federal provisions, such as the election of the President, the courts, the Seventh Schedule, the GST Council and Article 368, can be amended only by a special majority of Parliament plus ratification by half the state legislatures by a simple majority.

5 min read · UPSC Prelims · Polity · Constitutional Amendment

At a Glance

What it is Amendment of federal provisions needing a special majority plus consent of half the state legislatures
State majority Half the state legislatures, each by a simple majority
Time limit None for states to give consent
Provisions Eight heads including President’s election, courts, Seventh Schedule and Article 368 itself
Exam link UPSC Prelims, Polity: Constitutional Amendment

Where Does It Fit?

This is the fourth topic of the category on Constitutional Amendment. Provisions connected with the federal structure of the polity need not just Parliament but also half the states, which gives the states a say in changes that affect them.

What Is Required?

Those provisions of the Constitution that are related to the federal structure can be amended by a special majority of Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all of the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is complete. There is no time limit within which the states should give their consent.

Provisions Amendable in This Way

No.	Provision
1	Election of the President and its manner
2	Extent of the executive power of the Union and the states
3	Supreme Court and high courts
4	Distribution of legislative powers between the Union and the states
5	Goods and Services Tax Council (added by the 101st Amendment Act, 2016)
6	Any of the lists in the Seventh Schedule
7	Representation of states in Parliament
8	Power of Parliament to amend the Constitution and its procedure (Article 368 itself)

Role of the States and Criticism

The state legislatures cannot initiate an amendment; they can only ratify. The consent of only half of the states is required, while in the USA the figure is three-fourths. The Constitution does not prescribe a time frame for the state legislatures to ratify or reject, and it is silent on whether the states can withdraw approval once given. These are among the criticisms of the procedure. The USA also allows an amendment to be proposed by a constitutional convention called by Congress on the petition of two-thirds of the state legislatures; India has no such provision. The Constitution also does not say whether a state that has ratified an amendment may later withdraw its approval, and critics count this silence among the weaknesses of the procedure.

Why Federal Provisions Are Protected

In a federal system, the Union and the states derive their powers from the Constitution. If Parliament alone could change the distribution of powers, the Union could reduce the states’ share by its own vote. By requiring consent of half the state legislatures for these provisions, the Constitution makes the states partners in any change that touches the federal balance. The matters covered include the manner of election of the President, the executive power of the Union and the states, the Supreme Court and high courts, the legislative distribution between Union and states, all the three lists in the Seventh Schedule, the representation of states in Parliament, and Article 368 itself.

Procedure and an Illustration

After Parliament passes the bill by a special majority in each House, the bill is sent to the state legislatures. Each state legislature takes it up and passes a resolution by a simple majority of its members present and voting. When half of the states have done so, the bill goes to the President, who must give assent. The 101st Amendment Act, 2016, which created the GST Council and the concurrent taxing powers, is a recent example of an amendment in this category.

Why Is This Topic Important?

Federal link This list defines what the states can veto together
GST Council The 101st Amendment added it to the list
Direct recall Eight heads are asked as a list

What Came Next?

The next topic covers the basic structure doctrine and the limits on the amending power.

Key People and Terms

Federal provisions Provisions concerning the Union-state structure
Ratification Consent by state legislatures
Seventh Schedule Union, State and Concurrent Lists
Representation of states Their seats in Parliament
Article 368 itself Also protected by state consent

Exam Corner

Points to Remember

Half the state legislatures by simple majority.
No time limit for state consent.
Includes President’s election, courts, Seventh Schedule, GST Council and Article 368.
In the USA, three-fourths of states are required.

Do Not Confuse With

Half of the states and a simple majority in each Half of the states give consent, each by a simple majority of its legislature
Special majority alone and with ratification Federal provisions need both
Initiating and ratifying States can only ratify

Memory Hook

Federal changes need two keys: Parliament’s special majority and half of the states.

Mains Angle

Questions on this topic usually ask how states participate in amendment. Use these points to add depth.

Federal safeguard Key federal matters need state consent
Limited initiative States cannot propose amendments
Gaps No time frame and no rule on withdrawal
Comparison USA needs three-fourths of states

A Question You May Face

An original practice question, not a past paper question.

“Which provisions require the consent of the states for amendment, and what are the gaps in the procedure?”

How to Answer

Introduction Three ways to amend.
Provisions The eight heads.
Gaps No time limit, no withdrawal rule.
Conclusion Federal safeguard with limits.

GS Relevance

Prelims: Indian Polity, amendment, federalism. GS Paper 2: Union-state relations and amendment.

Frequently Asked Questions

Which amendments need ratification by the states?

Amendments to federal provisions, including the election of the President, the executive power of the Union and states, the Supreme Court and high courts, legislative power distribution, the Seventh Schedule lists, representation of states in Parliament, the GST Council and Article 368 itself, need ratification.

How many states must ratify?

The legislatures of half of the states must give their consent, each by a simple majority of members present and voting. Once half of the states have consented, the formality is complete, even if the other states take no action at all.

Is there a time limit for state ratification?

No. The Constitution does not prescribe a time frame within which the state legislatures should ratify or reject an amendment submitted to them, and it is also silent on whether a state can withdraw its approval once given.

Can state legislatures initiate a constitutional amendment?

No. The power to initiate an amendment lies only with Parliament. The only case in which a state legislature can act is by passing a resolution requesting Parliament to create or abolish its legislative council in that state.

How is the Indian ratification rule different from the USA?

In India the consent of half of the state legislatures is needed for federal provisions, while in the USA it is three-fourths of the states. India also has no constitutional convention route for proposing amendments, unlike the USA.

PYQ Practice — Statement Analysis

1 Any change to the Seventh Schedule lists needs ratification by half the states.

True

It is one of the eight heads.

2 A time limit is prescribed for states to ratify an amendment.

False

There is none.

3 The Goods and Services Tax Council was added to the list needing state consent by the 101st Amendment.