Question

Which one of the following is not formally considered as an amendment to the Constitution under Article 368?

• A. Creation of new states
• B. Change in the Preamble
• C. Change in the Part IV A
• D. Change in Part XII

Answer 1

The Correct Option is A

The Correct Option is (A):Creation of new states

Answer 2

The question tests the distinction between a formal constitutional amendment under Article 368 and a change made under Article 4, which is expressly kept outside that process.

1. Creation of new states: Article 4(2) states that a law made under Article 2 (admission or establishment of new states) or Article 3 (formation of new states, alteration of areas, boundaries or names of existing states) shall not be deemed to be an amendment of the Constitution for the purposes of Article 368, even though it changes the First Schedule or the Fourth Schedule. Such a law is passed by Parliament through a simple majority ordinary legislative process, not the special majority procedure of Article 368. This is the one item on the list that stands outside Article 368.
2. Change in the Preamble: The Preamble was held to be part of the Constitution in Kesavananda Bharati v. State of Kerala, and it was in fact amended once, by the 42nd Constitutional Amendment Act, 1976, which inserted the words socialist, secular and integrity. That amendment followed the full Article 368 procedure, so a change to the Preamble is formally an Article 368 amendment.
3. Change in Part IV A: Part IV A, containing the Fundamental Duties under Article 51A, was itself inserted into the Constitution by the 42nd Amendment Act, 1976, using the Article 368 procedure. Any further change to this Part also has to go through Article 368, so it counts as a formal amendment.
4. Change in Part XII: Part XII deals with finance, property, contracts and suits, including the distribution of taxing powers. It has been changed several times through Article 368, most recently for the Goods and Services Tax regime through the 101st Amendment. Such changes are formal amendments under Article 368.

Only the law made under Article 2 or Article 3 for creating, altering or renaming states is carved out by Article 4(2) from the definition of an amendment under Article 368, while changes to the Preamble, Part IV A and Part XII all go through the regular Article 368 process.

So the correct answer is Creation of new states.