Consider the following subjects under the Constitution of India:List I-Union List, in the Seventh Sc

Question

Consider the following subjects under the Constitution of India:List I-Union List, in the Seventh ScheduleExtent of the executive power of a StateConditions of the Governor’s officeWhich of the statements given above is/are correct?

Accepted Answer

I. Union List – List I of the Seventh Schedule This subject clearly falls within the scope of the proviso to Article 368(2) of the Constitution. The proviso explicitly mandates that any constitutional amendment affecting the "Lists in the Seventh Schedule" must be ratified by at least half of the State legislatures. Since the Union List (List I) is one of these, any amendment to it would alter the distribution of legislative powers between the Union and the States—an essential feature of Indian federalism—and thus requires such ratification. Hence option I is correct. II. Extent of the Executive Power of a State Amendments related to this matter also require ratification by the States. The proviso to Article 368(2) specifically includes changes to Articles 73 and 162, which define the extent of the executive power of the Union and the States, respectively. Alterations to these articles would directly impact the functional division between the Centre and the States, making State ratification a constitutional necessity. Hence option II is correct. III. Conditions of the Governor’s Office This subject does not require State ratification. The conditions of the Governor’s office are primarily governed by Article 158 and the Second Schedule of the Constitution. These provisions are not mentioned in the proviso to Article 368(2), and amendments to them are not considered to affect the federal structure in a way that would necessitate ratification by the States. Therefore, such changes can be enacted by Parliament through a special majority alone. Hence option III is not correct.