An amendment of the Constitution shall require to be ratified by the legislatures of not less than one-half of the states:
- (a)If such amendment seeks to make changes in Article 53.
- (b)If such amendment seeks to make changes in Article 239A.
- (c)If such amendment seeks to make changes in Article 243A.
- (d)If such amendment seeks to make changes in Article 279A.
Correct — D, Article 279A. The proviso to Article 368(2) lists a specific set of federal provisions that need ratification by not less than half the State legislatures before the amending Bill is presented for the President's assent, including Articles 54, 55, 73, 162, 241 and 279A (the GST Council). Article 279A was added to this list by the Constitution (One Hundred and First Amendment) Act, 2016 — the same amendment that created the GST Council — because GST decisions affect the fiscal-federalism balance between the Centre and the States.
- (a)If such amendment seeks to make changes in Article 53. — Article 53 merely vests the executive power of the Union in the President; it is not among the provisions listed in the Article 368(2) proviso requiring state ratification (it is Article 73, on the extent of Union executive power, that is on that list — not Article 53).
- (b)If such amendment seeks to make changes in Article 239A. — Article 239A empowers Parliament to create a Legislature and/or Council of Ministers for certain Union Territories; it can be amended by ordinary Parliamentary law and is not in the Article 368(2) ratification list.
- (c)If such amendment seeks to make changes in Article 243A. — Article 243A deals with the Gram Sabha under the Panchayati Raj provisions of Part IX; it is not among the specific provisions requiring ratification by half the state legislatures.
Article 368 lays out multiple routes for amending the Constitution: a simple majority route, a special-majority route (2/3rd of members present and voting, and a majority of the total membership, in each House), and a special-majority-PLUS-ratification route — reserved for a specific, named set of provisions that touch the federal structure.
MPPSC/UPSC test this by listing 3-4 Article numbers and asking which one needs the state-ratification route — the trap is picking an Article that merely 'sounds' federal or executive-related without checking the actual proviso list.
- Article 368(2) proviso requires ratification by at least half the State legislatures for amendments touching: Articles 54, 55, 73, 162, 241, 279A; the distribution of legislative powers (7th Schedule); representation of States in Parliament; and Article 368 itself.
- Article 279A (GST Council) was added to this ratification list by the 101st Constitutional Amendment Act, 2016.
- Article 53 (vesting of Union executive power) is NOT on the ratification list — Article 73 (extent of that power) is.
- Most constitutional amendments in India need only a special majority — the ratification route is the exception, reserved for federal provisions.
Only a specific, named set of federal Articles — including 279A, added for the GST Council — triggers the half-state ratification requirement.
- Assuming all constitutional amendments need state ratification — only a specific, listed set of federal provisions do
- Confusing Article 53 (vesting of Union executive power) with Article 73 (extent of Union executive power) — only the latter is on the ratification list
Exams frequently list 3-4 Articles and ask which one alone needs the special ratification procedure — memorise the exact Article 368(2) proviso list rather than a general 'federal-sounding' Article.
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:
- (a) I, II and III
- (b) I, II and IV
- (c) I, III and IV
- (d) II, III and IV
Answer(a) I, II and III
UPSC 1995 tests the same Article 368(2) proviso — which specific matters need ratification by half the State legislatures — directly overlapping this MPPSC question's concept.
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?
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Answer(a) I and II only
UPSC 2025 asks the identical 'which of these needs half-state ratification' pattern under Article 368(2), reinforcing exactly which Articles/subjects (like Article 162, the extent of a State's executive power) are on the list.
- practice — not a real PYQ
The Constitution (One Hundred and First Amendment) Act, 2016, which established the GST Council, inserted which Article into the Constitution?
- (a)Article 279
- (b)Article 279A
- (c)Article 246A
- (d)Article 269A
Answer(b) Article 279A — establishing the GST Council.
- practice — not a real PYQ
An amendment seeking changes to which of the following requires ratification by not less than half the State legislatures under Article 368(2)?
- (a)Article 356 (President's Rule)
- (b)Any List in the Seventh Schedule
- (c)Article 352 (National Emergency)
- (d)Article 19 (Fundamental Rights)
Answer(b) Any List in the Seventh Schedule — one of the specific matters requiring state ratification.