Which of the following types of provisions requires a special majority in the Parliament of India for its passage under the constitutional amendment procedure?

Difficulty: Easy

Correct Answer: Change in Fundamental Rights

Explanation:


Introduction / Context:

The question relates to the different kinds of majorities required in the Parliament of India for passing various types of bills. In particular, it asks about provisions that need a special majority. Understanding which matters require a simple majority and which require a special or even a special plus state ratification majority is an essential part of the Indian polity syllabus.


Given Data / Assumptions:

- The focus is on provisions that need a special majority in Parliament.

- The options list different types of legislative actions, such as changing fundamental rights or creating new states.

- The question expects knowledge of Article 368 and related provisions.


Concept / Approach:

Under Article 368, amendments to certain parts of the Constitution, including the chapter on Fundamental Rights, require a special majority. This special majority means a majority of the total membership of each House and a majority of not less than two thirds of the members present and voting. Many other matters, like creation of new states, are handled under ordinary legislative procedures with a simple majority. Therefore, the safest way to answer is to recall that changes in Fundamental Rights definitely require a special majority.


Step-by-Step Solution:

Step 1: Recall that Fundamental Rights are contained in Part III of the Constitution and enjoy a high level of protection. Step 2: Remember that changes to these rights can only be made by a constitutional amendment passed under Article 368 using a special majority. Step 3: Compare this with the other options that generally involve ordinary legislative powers under Articles 2, 3, or other provisions. Step 4: Identify Change in Fundamental Rights as the only option that clearly falls under the special majority requirement. Step 5: Select Change in Fundamental Rights as the correct answer.


Verification / Alternative check:

Reviewing any standard Indian polity book confirms that a special majority is needed for amendments affecting Fundamental Rights, the Directive Principles, and many structural elements of the Constitution. In contrast, matters like abolition of a Legislative Council in a state or creation of a new state are passed by a simple majority even though some may also require state consultation.


Why Other Options Are Wrong:

Creation of new states under Articles 2 and 3 is done through an ordinary bill passed by a simple majority, although the President refers the proposal to the concerned state legislature for its views.

Abolition of a Legislative Council in a state is initiated by the state legislature and then approved by Parliament, but the bill in Parliament still passes with a simple majority.

Rules and procedures in Parliament are framed by each House under Article 118 and require only a simple majority.

Imposition of President Rule in a state under Article 356 is approved by Parliament through a simple majority, not a constitutional amendment special majority.


Common Pitfalls:

Students sometimes assume that any serious sounding decision such as creating a state or imposing President Rule must need a special majority. It is important to distinguish between ordinary legislative actions and constitutional amendments. Remembering that Fundamental Rights form a protected core and that changes to them demand a special majority prevents this confusion.


Final Answer:

The provision that requires a special majority in Parliament is a change in Fundamental Rights.

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