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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2025, Q88

Contents17
UPSC Prelims GS2025Indian Polity
  1. AI and II only
  2. BII and III only
  3. CI and III only
  4. DI, II and III
Show answer

Answer: (A) I and II only

Under Article 368 of the Constitution, certain types of constitutional amendments require ratification by the legislatures of not less than one-half of the States (in addition to the special majority in Parliament).

These typically involve matters that affect the federal structure.

(I) List I (Union List) in the Seventh Schedule — YES, requires state ratification.

Changing the Union List affects the distribution of legislative powers between Centre and States, which is fundamental to federalism. ✓

(II) Extent of executive power of a State — YES, requires state ratification.

The executive power of a State (Article 162) is co-extensive with its legislative power.

Any amendment affecting this directly impacts state autonomy. ✓

(III) Conditions of Governor's office — NO, does NOT require state ratification.

The Governor's office conditions (Articles 153-156 — appointment, term, qualifications, etc.) can be amended by the special majority in Parliament alone.

The Governor is a Central appointee, and changing their office conditions doesn't alter the fundamental federal balance in the way that changing legislative lists or state executive power does. ✗

I and II require state ratification. Answer is (a).

Why this was asked

Only amendments affecting the federal structure between Centre and States require ratification by half the state legislatures under Article 368.

The Governor is a Central appointee, so changes to the Governor's office conditions do not affect the federal balance and need only Parliament's special majority.

Article 368 Amendment Procedures

Indian Polity constitutional amendment Article 368 ratification one-half of the States

Article 368: Constitutional Amendment Procedures & State Ratification

Must know

Article 368 prescribes three types of amendment procedures based on the subject matter

State ratification by at least half the states is required only for amendments affecting federal structure

Special majority in Parliament (2/3rd present + majority of total strength) is needed for most amendments

Good to know

Simple majority suffices only for amendments under Article 368(1) like citizenship, elections, etc.

Article 368 establishes the constitutional amendment process in India. Unlike rigid constitutions that have uniform amendment procedures, India follows a flexible approach with different procedures based on the nature of the provision being amended.

Three Types of Amendment Procedures

Procedure Type

Parliamentary Requirement

State Ratification

Examples

Simple Majority

Majority of members present

Not required

Citizenship acquisition, election procedures, scheduled areas

Special Majority

2/3rd present + majority of total

Not required

Fundamental Rights, DPSP, judicial powers

Special Majority + State Ratification

2/3rd present + majority of total

At least half the states

Distribution of powers, representation in Parliament

When State Ratification is Required

Amendments affecting distribution of legislative powers between Centre and States (Articles 245-255)

Changes to representation of states in Parliament (Articles 81, 82)

Modifications to executive power of states or Union territories

Alterations to Seventh Schedule (Union, State, Concurrent Lists)

Changes to High Court jurisdiction and organization

Subjects Requiring State Ratification

# State Ratification Required
## Legislative Powers
- Union List (List I)
- State List (List II)
- Concurrent List (List III)
- Residuary powers
## Executive Powers
- State executive power
- Union territory administration
- Emergency provisions
## Parliamentary Representation
- State representation in Lok Sabha
- State representation in Rajya Sabha
- Election procedures
## Judicial Structure
- High Court jurisdiction
- High Court organization
- Supreme Court jurisdiction over states

Question Analysis

This question tests understanding of which constitutional provisions require state ratification. List I (Union List) and extent of state executive power both affect the federal balance, hence need state approval. Governor's office conditions are administrative matters concerning a central appointee, not requiring state ratification.

Exam traps

Trap: Governor's conditions seem state-related but Governor is a Central appointee - no state ratification needed

Trap: All Seventh Schedule changes need ratification - only distribution changes need it, not procedural modifications

Trap: Executive power changes always need ratification - only state executive power needs it, not Union executive power

Trap: 'One-half of states' means absolute majority of all states, not just those participating

Seventh Schedule Legislative Lists

Indian Polity List I Union List Seventh Schedule

Seventh Schedule: Distribution of Legislative Powers

Must know

Seventh Schedule contains three lists dividing legislative powers between Centre and States

List I (Union List) has 100 subjects exclusively for Parliament

List II (State List) has 61 subjects exclusively for State Legislatures

Good to know

List III (Concurrent List) has 52 subjects for both Parliament and State Legislatures

Three Legislative Lists Comparison

List

Name

Subjects Count

Legislative Authority

Key Examples

List I

Union List

100

Parliament only

Defence, foreign affairs, currency, railways

List II

State List

61

State Legislature only

Police, agriculture, local government, fisheries

List III

Concurrent List

52

Both (Parliament prevails)

Education, forests, marriage, contracts

Union List Key Subjects

Defence and armed forces - army, navy, air force, defence production

Foreign affairs - diplomatic relations, treaties, extradition, passport

Communication - posts, telegraphs, telephones, wireless, internet

Transport - railways, national highways, shipping, aviation

Financial - currency, banking, insurance, stock exchanges

Constitutional Principles

Residuary powers belong to Parliament (unlike USA where states get residuary powers)

Concurrent List conflicts - Parliamentary law prevails over state law

Emergency provisions - Parliament can legislate on State List during emergencies

National interest - Parliament can legislate on State subjects if Rajya Sabha passes resolution

Exam traps

Trap: State List has more subjects than Union List - Union List has 100, State List has 61

Trap: Residuary powers with states like USA - in India residuary powers with Parliament

Trap: All List changes need state ratification - only boundary/scope changes need it

Trap: Concurrent List means equal power - Parliament's law prevails in case of conflict

State Executive Power (Article 162)

Indian Polity executive power of a State extent of the executive power

Article 162: Extent of State Executive Power

Must know

Article 162 defines that state executive power is co-extensive with state legislative power

States can execute laws on State List and Concurrent List subjects within their territory

Union executive power prevails over state executive power in case of conflict

Article 162 establishes the fundamental principle that a state's executive power extends to all matters on which the state legislature can make laws. This co-extensive principle ensures clear division of executive responsibilities in India's federal structure.

Executive Power Distribution

Authority

Executive Power Scope

Constitutional Basis

Key Limitation

Union Government

Union List + Concurrent List + Residuary

Article 53 & 73

Cannot interfere in purely state matters

State Government

State List + Concurrent List

Article 154 & 162

Subject to Union executive power

Both (Overlap)

Concurrent List subjects

Articles 73 & 162

Union executive power prevails

Co-extensive Principle Explained

Legislative and executive powers match - if state can make law, it can execute it

Territorial limitation - state executive power limited to state boundaries

Concurrent subjects - both Centre and state can execute, but Union prevails

Administrative coordination - Article 256 requires states to comply with Union laws

Executive Power Conflict Resolution

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Conflict arises**
Centre and state have overlapping executive actions`"]
  s2["`**Check legislative competence**
Determine which list the subject falls under`"]
  s3["`**Apply hierarchy**
Union executive power prevails over state executive power`"]
  s4["`**Article 256 compliance**
State must ensure compliance with Union directions`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
Exam traps

Trap: State executive power is independent of legislative power - they are co-extensive

Trap: States have executive power over Union List - only Union List subjects go to Centre

Trap: Equal executive power on Concurrent List - Union executive power prevails

Trap: Governor's executive power needs state ratification - Governor is Union appointee

Governor's Office Conditions

Indian Polity Governor's office Conditions of the Governor's office

Governor's Office: Appointment, Tenure & Conditions (Articles 153-156)

Must know

Governor is appointed by the President - not elected, hence Central appointee

Five-year tenure but serves at President's pleasure - can be removed anytime

Constitutional qualifications - Indian citizen, 35+ years, not MP/MLA

Conditions of office can be amended by special majority only - no state ratification

Governor's Office Constitutional Framework

Aspect

Constitutional Provision

Details

Amendment Procedure

Appointment

Article 155

By President on PM's advice

Special majority

Qualifications

Article 157

Citizen, 35+ years, not MP/MLA/office of profit

Special majority

Tenure

Article 156

5 years, pleasure of President

Special majority

Salary & Allowances

Article 158

₹3.5 lakh per month (current)

Special majority

Oath

Article 159

Before Chief Justice of High Court

Special majority

Why No State Ratification Required

Central appointee - Governor represents Union government in states

Administrative position - changes don't affect federal power distribution

Uniform conditions - same rules apply across all states

Constitutional office - but not fundamental to federal structure like legislative lists

Governor's Key Constitutional Roles

Executive head of the state - appoints CM and council of ministers

Legislative role - summons/prorogues assembly, assent to bills

Emergency powers - can recommend President's rule under Article 356

Discretionary powers - in hung assembly, during constitutional breakdown

Exam traps

Trap: Governor's office affects states so needs ratification - Governor is Central appointee

Trap: All state-related constitutional changes need state consent - only federal structure changes do

Trap: Governor represents state interests - Governor represents Union government interests

Trap: Governor's removal needs state approval - President can remove at pleasure