Ratification: Difference between revisions

Not all constitutional amendments in India require ratification by the states. Only constitutional amendments that seek to make any change in any of the provisions mentioned in the proviso to article 368 of the Constitution of India, must be ratified by the Legislatures of not less than one-half of the States. These provisions relate to certain matters concerning the federal structure or of common interest to both the Union and the States viz., the election of the President (articles 54 and 55); the extent of the executive power of the Union and the States (articles 73 and 162); the High Courts for Union territories (article 241); The Union Judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI); the distribution of legislative powers between the Union and the States (Chapter I of Part XI and Seventh Schedule); the representation of States in Parliament; and the provision for amendment of the Constitution laid down in article 368. Ratification is done by a resolution passed by the State Legislatures. There is no specific time limit for the ratification of an amending Bill by the State Legislatures. However, the resolutions ratifying the proposed amendment must be passed before the amending Bill is presented to the President for his assent.<ref name = "Nature and Scope">{{cite web|title=Constitution Amendment: Nature and Scope of the Amending Process|url=http://164.100.47.134/intranet/CAI/1.pdf|work=Lok Sabha Secretariat|accessdate=1 December 2013}} {{PD-notice}}</ref>