Which of the following Constitutional provisions can be amended by an ordinary Act of Parliament (simple majority), rather than through the special procedure under Article 368?
- AOption (a)
Article 2 (Parliament may by law admit new states)
- BOption (b)
Article 356 (President’s Rule in states)
- COption (c)
Article 368 (the Amendment procedure itself)
- DOption (d)
Article 14 (equality before law)
View answer & explanationHide answer & explanation
Correct answer
Article 2 (Parliament may by law admit new states)
Why this answer is correct
The correct answer is Article 2.
Key Points
- Article 2 of the Constitution of India provides Parliament the power to admit new states into the Union of India or establish new states.
- This article grants Parliament the authority to enact laws for the creation or admission of states through a simple majority, not requiring the special amendment process under Article 368.
- The provision under Article 2 is utilized when India integrates new territories or regions. For example, Sikkim was admitted as a state of India in 1975 under this article. Hence, Article 2 can be amended by an ordinary Act of Parliament. Statement 1 is correct.
- Article 356 and Article 368 require constitutional processes and cannot be amended by a simple majority. These provisions are subject to stricter conditions. Hence, Article 356 and Article 368 cannot be amended by an ordinary Act of Parliament. Statement 2 and 3 are incorrect.
- Article 14, which guarantees equality before the law, is a fundamental right enshrined in Part III of the Constitution. It cannot be amended by a simple Act of Parliament as it forms part of the basic structure of the Constitution. Statement 4 is also incorrect.
Additional Information
- Article 2 of the Constitution:
- Article 2 grants Parliament the authority to admit new states or establish new states within the Union of India.
- It is a procedural article allowing the expansion of India's territorial boundaries through legislative action.
- Examples include the integration of Sikkim and creation of new states such as Telangana through reorganization.
- Article 356:
- This article empowers the President to impose President’s Rule in a state under certain circumstances.
- It requires specific legal and constitutional grounds, such as the breakdown of constitutional machinery in the state.
- It cannot be amended through a simple majority, as it forms a critical aspect of the federal structure.
- Article 368:
- Article 368 provides the procedure for amending the Constitution.
- It outlines a special procedure requiring a two-thirds majority in both Houses of Parliament and ratification by at least half of the state legislatures.
- Hence, amendments to fundamental provisions cannot be done via a simple majority.
- Article 14:
- Article 14 guarantees equality before law and equal protection of the laws to all individuals within the territory of India.
- It is a fundamental right forming part of the basic structure of the Constitution.
- Any amendment or change to this article requires the special procedure outlined in Article 368.
Important Points
- Key Provisions for Constitutional Amendments:
- Constitutional provisions are categorized into two types for amendments: those amendable by a simple majority and those requiring the special procedure under Article 368.
- Provisions related to the organization of states, such as Articles 2 and 3, can be amended via a simple majority.
- Fundamental rights and structural provisions, such as Articles 14, 368, and others, require a special procedure for amendment.
- The basic structure doctrine, established in the Keshavananda Bharati case (1973), ensures that certain provisions cannot be altered.
- Examples of Reorganization:
- Reorganization of states has been carried out under Articles 2 and 3, such as the formation of Chhattisgarh (2000), Uttarakhand (2000), and Telangana (2014).
- Such reorganizations are based on socio-political considerations, linguistic factors, or administrative needs.