Polity · Amendment Procedure (Art 368)

UPSC Prelims 2025, Question 58

The concept being tested: Article 368 — State ratification for amendments affecting federal distribution.

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?

Options

  1. AI and II onlyCorrect answer
  2. BII and III only
  3. CI and III only
  4. DI, II and III

The answer: I and II only

Article 368(2)'s proviso lists a closed set of provisions that need ratification by not less than half the State Legislatures before presidential assent: election of the President (Articles 54-55), extent of Union and State executive power (Articles 73 and 162), distribution of legislative powers (Chapter I of Part XI), the Union Judiciary and High Courts (Chapter IV of Part V and Chapter V of Part VI), any List in the Seventh Schedule, representation of States in Parliament, and Article 368 itself. List I, the Union List, sits directly in the Seventh Schedule, so any change to it needs ratification. Extent of the executive power of a State is precisely what Article 162 defines, so it too is entrenched. The Governor's office, however, is governed by Chapter II of Part VI, which the proviso does not touch, so it needs only Parliament's special majority.

What UPSC was testing

UPSC is testing precise recall of the closed list in Article 368(2)'s proviso, and the trap is conflating Chapter II of Part VI, the Governor, which is not entrenched, with Chapter V of Part VI, the High Courts, which is entrenched, a classic distractor pairing.

How often this comes up

This concept has appeared 14 times in UPSC Prelims General Studies Paper I between 2015 and 2025 — in 2017, 2018, 2019, 2020, 2022, 2024 and 2025.

The option-by-option autopsy for this question — why each of the other three is wrong, and which neighbouring concept each one was built from — is in the app.

More questions on this

Other past-year questions touching Amendment Procedure (Art 368).