Which provisions of Constitution need ratification of states for amendment?

All Constitution Amendment Bills are not required to be ratified by the state legislatures. Only those Constitutional Amendments, which relate to constitutional provisions mentioned in the Proviso to clause (2) of Article 368 of the Constitution of India, are required to be ratified by the legislatures of not less than one-half of the states. These provisions are mainly those which are related to federal character. The Proviso mentions the following provisions of the Constitution which require ratification by state legislatures:

(a) article 54, article 55, article 73, article 162 or article 241, or

(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of States in Parliament, or

(e) the provisions of this article [i.e., Article 368 itself].

These provisions deal with the following matters (i.e., those which require ratification by state legislatures):

1. Election of the President of India and the manner of the said election, as detailed in articles 54 and 55.

2. Extent of the executive power of the Union, as detailed in Article 73.

3. Extent of the executive power of a state, as detailed in Article 162.

4. Provisions relating to High Courts for Union Territories, as detailed in Article 241.

5. Provisions relating to the Union Judiciary, i.e., the Supreme Court, as detailed in Chapter IV of Part V of the Constitution.

6. Provisions relating to the High Courts in the states, as detailed in Chapter V of Part VI of the Constitution.

7. Distribution of legislative powers between the Union and the states, as detailed in Chapter I of Part XI of the Constitution.

8. The three lists in the Seventh Schedule, i.e., the Union List, the State List and the Concurrent List, enumerating details of the matters in which the Union only, the states only and both the Union and states respectively have the powers to make laws.

9. The representation of states in Parliament (e.g., articles such as 80, 81 and 82 and the Fourth Schedule).

10. The amending clause itself, i.e., Article 368.

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