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Under Article 368, constitutional amendments require special majority in Parliament, and amendments affecting federal provisions require ratification by legislatures of not less than ______ of States, ensuring States' voice in fundamental constitutional changes.
- one-third
- one-half
- two-thirds
- three-fourths
Answer: one-half
Article 368 federal amendment safeguard: (a) Article 368(2) proviso: Amendments affecting: (i) election of President, (ii) extent of executive power of Union/States, (iii) Supreme Court/High Courts, (iv) distribution of legislative powers (Seventh Schedule), (v) representation of States in Parliament, (vi) Article 368 itself, require ratification by legislatures of not less than half of States, (b) Procedure: After Parliament passes amendment with special majority (majority of total membership + 2/3 present and voting), Bill sent to State Legislatures; simple majority in each suffices, (c) Rationale: (i) Protects federal balance by preventing Union from unilaterally altering core federal features, (ii) Ensures States' voice in fundamental constitutional changes affecting their autonomy, (iii) Basic structure safeguard: Federalism part of basic structure; State ratification requirement preserves this core feature, (d) Applications: (i) 101st Amendment (GST): Required State ratification as it affected legislative distribution (Union/State/Concurrent Lists), (ii) 73rd/74th Amendments (local government): Required State ratification as they affected State List subjects, (iii) Proposed amendments: Any future changes to federal structure would require State consent, (e) Illustrates constitutional federalism: Procedural safeguard ensuring States' role in fundamental constitutional changes; balance between Union amendment power and State autonomy protection through basic structure doctrine.