Question

In which of the following cases can a Constitutional amendment be passed just by a simple majority in Parliament?

• A. Election matters
• B. Change in the name and boundaries of states
• C. Powers of the President
• D. None of the above

Hint:

Article 4 says in so many words that a law altering State names or boundaries is not an amendment for the purposes of Article 368.

Answer 1

The Correct Option is B

Step 1: Understanding the Question.
The Constitution can be changed in three different ways, and each way needs a different level of support in Parliament. The question asks which of these subjects can be altered by a simple majority alone, meaning a majority of the members present and voting, the same threshold as an ordinary law.

Step 2: The three routes of amendment.
The first route is by simple majority. A set of provisions can be changed by an ordinary law passed like any other Bill. Article 4 states that a law made under Article 2 or Article 3 shall not be deemed to be an amendment of the Constitution for the purposes of Article 368, even though it alters the First and Fourth Schedules.
The second route is a special majority under Article 368(2), meaning a majority of the total membership of each House and at least two thirds of the members present and voting. Most of the Constitution falls here.
The third route is a special majority plus ratification by the legislatures of not less than one half of the States. This covers the federal provisions, such as the election of the President, the distribution of legislative powers between the Union and the States, the Supreme Court and High Courts, and Article 368 itself.

Step 3: Test option (B).
Article 3 lets Parliament form a new State, alter the area or boundaries of a State, or change the name of a State. Article 4 then says such a law is not an amendment under Article 368. So Parliament can redraw the map of India by an ordinary Bill passed by a simple majority, without any two thirds figure and without asking a single State legislature to ratify it. The State concerned is only sent the Bill for its views, and Parliament is not bound by them. This is the route the paper is pointing at, and it matches option (B).

Step 4: Test the other options.
Option (C) is clearly out. The powers of the President are set out in the body of the Constitution, and altering them needs a special majority under Article 368. Anything touching the election of the President even needs State ratification on top. This is nowhere near a simple majority.
Option (A) is the tempting one. Parliament can pass ordinary election laws, such as the Representation of the People Act, by simple majority. But an ordinary election law is not a constitutional amendment at all, and the question asks specifically about a constitutional amendment. Changing the constitutional provisions on elections, such as those in Part XV, needs a special majority under Article 368. So option (A) does not answer the question asked.
Option (D) fails because option (B) is a genuine and well settled instance.

Final Answer:
A change in the name and boundaries of States is made by simple majority under Articles 3 and 4, so option (B) is correct.