Which of the following provisions of the Constitution require ratification by not less than one-half of State Legislatures for amendment ?
(A) Manner of election of the President
(B) Provisions of Article 368
(C) Representation of States in Parliament
(D) The Supreme Court and High Courts

Question

Which of the following provisions of the Constitution require ratification by not less than one-half of State Legislatures for amendment ? 
(A) Manner of election of the President 
(B) Provisions of Article 368 
(C) Representation of States in Parliament 
(D) The Supreme Court and High Courts

Accepted Answer

The correct option is 4:

The Indian Constitution is designed to be federal, which means power is shared between the Union (Central) Government and the State Governments. Therefore, when making amendments to certain key provisions that affect the structure, powers, or representation of the states, the Central Government cannot amend them unilaterally. Article 368 outlines the procedure for constitutional amendment, and it specifies three ways: simple majority, special majority (two-thirds present and voting, and majority of the total membership), and special majority plus ratification by at least half of the state legislatures. The requirement of ratification by state legislatures is mandatory for amendments concerning the federal structure of the Constitution.

All four provisions listed, (A) Manner of election of the President, (B) Provisions of Article 368 itself, (C) Representation of States in Parliament, and (D) The Supreme Court and High Courts, are integral components of the federal framework and the distribution of power.  * **(A) Manner of election of the President:** The President is elected by members of an electoral college that includes elected members of both Houses of Parliament and the Legislative Assemblies of the States (Article 54). Changing this process directly affects the states’ role in the Union.
  * **(B) Provisions of Article 368:** Any change to the amending power itself must be agreed upon by the states, as this power determines the flexibility or rigidity of the Constitution and the federal balance.
  * **(C) Representation of States in Parliament:** This refers primarily to the representation of states in the Rajya Sabha (Council of States). Since the Rajya Sabha is a federal chamber, any change to its composition or the states’ representation in it requires state consent.
  * **(D) The Supreme Court and High Courts:** While the judicial system is integrated, the jurisdiction and structure of the High Courts fall under the federal domain. Furthermore, the highest court, the Supreme Court, often interprets constitutional provisions concerning state-center relations. Therefore, amendments relating to the judiciary's structure are deemed critical to the federal system. Since all these provisions touch upon the federal principle, they require the ratification of at least one-half of the State Legislatures, making option 4 (A, B, C, and D) the correct answer.The incorrect option is 1:

Option 1, "Only A and B," is incorrect because it fails to include provisions (C) and (D). While (A) and (B) certainly require state ratification—(A) Manner of the President's election because it includes state MLAs in the electoral college, and (B) Article 368 because it defines the very process of amendment affecting the federal distribution—excluding (C) Representation of States in Parliament and (D) The Supreme Court and High Courts overlooks their foundational status within the federal structure. The representation of states in the Upper House (Rajya Sabha) is a core federal element, and the judiciary's structure is also intertwined with state powers. Therefore, this option is incomplete and thus wrong.

The incorrect option is 2:

Option 2, "Only A and D," is incorrect because it misses provisions (B) and (C). While (A) and (D) are critical and require state ratification, ignoring (B) and (C) is a significant error. Provision (B), which deals with the power of Parliament to amend the Constitution (Article 368), must be protected by state ratification to prevent the central government from unilaterally altering the federal balance. Similarly, (C) Representation of States in Parliament, particularly the composition of the Rajya Sabha, is essential to the federal character of the legislature and cannot be changed without state consent.

The incorrect option is 3:

Option 3, "Only B and D," is incorrect as it omits (A) and (C). This selection only includes the provisions related to the amending procedure (B) and the judiciary (D). However, it wrongly excludes (A) the Manner of election of the President and (C) Representation of States in Parliament. The states have a direct stake in the election of the President through their legislative assemblies (A) and a direct stake in their representation in the federal chamber, the Rajya Sabha (C). Since amendments to the President's election method and the representation of states affect the states directly, they both fall under the mandatory ratification requirement. Thus, restricting the correct provisions to only B and D makes this option incomplete and false.