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LoginFor a third category of “entrenched provisions” that impact the federal structure of the Constitution or the powers of the state Assemblies, an amendment requires to be ratified by legislatures of at least half of the states.
Specifically, Article 368(2)(d) lists the representation of states in Parliament as one of the issues that would require ratification.
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 ratifed by the
legislatures of not less than one-
half of the states.
These provisions are mainly those
which are related to federal
character.These provisions are considered "ENTRENCHED PROVISIONS" because they IMPACT the FEDERAL STRUCTURE of the Constitution or the POWERS of the STATE ASSEMBLIES.
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
(b) Chapter IV of Part V,
Chapter V of Part VI, or
Chapter 1 of Part XI.
(c) any of the Lists in the
Seventh Schedule.
> (d) the representation of States
in Parliament, or
◦ (e) the provisions of this article
[i.e., Article 368 itself].