Which parts of the Constitution require state ratification for amendment under Article 368?

Of course. Here is a detailed answer to your question, structured for a UPSC aspirant.

Direct Answer

Article 368(2) of the Constitution of India specifies the provisions that require ratification by the legislatures of not less than one-half of the states, in addition to a special majority in Parliament, for their amendment. This procedure is mandated for amendments that affect the federal structure of the polity.

The specific provisions are:

1. Article 54 and Article 55: Pertaining to the election of the President of India.
2. Article 73 and Article 162: Concerning the extent of the executive power of the Union and the states, respectively.
3. Article 241: Relating to High Courts for Union Territories.
4. Chapter IV of Part V (The Union Judiciary) and Chapter V of Part VI (The High Courts in the States): Covering the Supreme Court and High Courts.
5. Chapter I of Part XI: Dealing with the distribution of legislative powers between the Union and the states.
6. Any of the Lists in the Seventh Schedule: The Union List, State List, and Concurrent List.
7. The representation of states in Parliament (Fourth Schedule).
8. Article 368 itself: The power of Parliament to amend the Constitution and the procedure thereof.

Historical Context

The framers of the Indian Constitution, drawing from global experiences, sought a balance between rigidity and flexibility. Dr. B.R. Ambedkar, Chairman of the Drafting Committee, argued in the Constituent Assembly that the Indian federation was a "Union of States" and not a "Federation by agreement" among states. However, he recognised the need to protect the states' interests in a federal setup.

The inclusion of the state ratification clause was a deliberate choice to safeguard the core tenets of Indian federalism. The Constituent Assembly debates show that members wanted to ensure that the Union government could not unilaterally alter the fundamental distribution of powers or the structure of federal institutions. This provision was seen as a crucial check on the power of the central legislature.

1. 26 January 1950: The Constitution comes into force with Article 368 outlining the amendment procedure.
2. 1967: In Golaknath v. State of Punjab (1967), the Supreme Court ruled that Fundamental Rights were "transcendental" and could not be amended.
3. 1971: The 24th Constitutional Amendment Act was passed to nullify the Golaknath judgment, explicitly empowering Parliament to amend any part of the Constitution, including Fundamental Rights, and making Article 368's procedure mandatory.
4. 1973: The landmark judgment in Kesavananda Bharati v. State of Kerala (1973) upheld the validity of the 24th Amendment but introduced the "Basic Structure Doctrine," holding that Parliament cannot alter the basic features of the Constitution. Federalism was identified as a part of this basic structure.
5. 2015: The 99th Constitutional Amendment Act, which established the National Judicial Appointments Commission (NJAC), was passed by Parliament and ratified by the required number of states. However, the Supreme Court struck it down in Supreme Court Advocates-on-Record Association v. Union of India (2015), holding that it violated the independence of the judiciary, a basic feature of the Constitution.

Significance

The requirement of state ratification is the cornerstone of India's quasi-federal system. It distinguishes certain constitutional provisions as being fundamental to the federal compact.

Comparative Analysis of Amendment Procedures under Article 368:

This dual procedure ensures that while Parliament has the primary power to amend the Constitution, it cannot unilaterally reshape the federal balance of power. It forces consensus-building between the Union and the states on critical issues, thereby strengthening cooperative federalism. For example, the 101st Constitutional Amendment Act, 2016, which introduced the Goods and Services Tax (GST), required state ratification because it fundamentally altered the legislative and financial powers of both the Union and the states as laid out in the Seventh Schedule.

UPSC Angle

UPSC examiners expect aspirants to have a nuanced understanding of the amendment process, not just a rote memorization of the provisions.

1. Conceptual Clarity: You must clearly distinguish between the three methods of amendment (simple majority, special majority, and special majority with state ratification). Understand why certain provisions require state ratification – the keyword is federalism.
2. Linkage with Doctrines: Connect this topic to the "Basic Structure Doctrine." Explain how the Kesavananda Bharati case made federalism a non-amendable basic feature, reinforcing the significance of the ratification process.
3. Application and Current Affairs: Be prepared to apply this knowledge to contemporary issues. The GST amendment (101st) is a classic example. The NJAC case (99th Amendment) is another, showing that even with parliamentary and state approval, an amendment can be struck down if it violates the basic structure.
4. Analytical Ability: Examiners look for your ability to analyze the balance between parliamentary sovereignty and judicial review, and between a unitary bias and federal features. Frame your answers to show how Article 368 embodies this complex balancing act. A strong answer would argue that this provision makes the Indian Constitution a living document that is both rigid and flexible, protecting the federal spirit while allowing for adaptation.