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Consider the following statements: 1. For amendment of some provisions of Constitution of India, a ratification by 75% of states is necessary. 2.
Question

Consider the following statements:
1. For amendment of some provisions of Constitution of India, a ratification by 75% of states is necessary.
2. Modifications to the constitution by simple majority are not deemed as amendments of the constitution.
3. Creation of second chamber of state legislature requires a bill passed by special majority.
How many of the statements given above are correct?

A.

Only one

B.

Only two

C.

All three

D.

None

Correct option is B

The correct answer is (b) Only two
Explanation:
. Statement 1 is false. Amendment of some provisions requires ratification by not 75%, but by half of the states (50%), by a simple majority of those states. The primary bill in Parliament requires a special majority.
. Statement 2 is true. Certain changes made by simple majority (e.g., creation of new states, changing names of states, rules of procedure in Parliament) are not considered amendments under the stringent Article 368 of the Constitution.
. Statement 3 is true. The creation or abolition of a second chamber (Legislative Council) in a state requires a resolution by the State Assembly with a special majority (absolute majority of the total membership and two-thirds majority of members present and voting), and then an Act of Parliament passed by a simple majority.
Information Booster:
. Article 368 outlines two methods of amendment: special majority in Parliament; and special majority in Parliament with ratification by half of the states.
. The provisions requiring state ratification typically involve the federal structure, such as the distribution of powers, representation of states in Parliament, and the procedure for electing the President.
. Article 4 makes it clear that laws creating new states or altering areas/boundaries are not amendments for the purposes of Article 368.

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