Constitutional Amendments Archives

11. Which among the following Constitutional Amendment Act is inserted [co

Which among the following Constitutional Amendment Act is inserted [co-operative societies] in Clause (1) of the Article 19 ?

The Constitutional (97th Amendment) Act, 2011

The Constitutional (44th Amendment) Act, 1978

The Constitutional (4th Amendment) Act, 1955

The Constitutional (95th Amendment) Act, 2009

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The Constitutional (97th Amendment) Act, 2011 gave constitutional status and protection to co-operative societies. It inserted “co-operative societies” in Article 19(1)(c) under the right to form associations and unions, thus granting it the status of a fundamental right to form co-operative societies. The Amendment also inserted a new Article 43B in the Directive Principles of State Policy relating to the promotion of co-operative societies and added Part IXB to the Constitution dealing with co-operative societies.

The 97th Amendment Act, 2011 inserted “co-operative societies” into Article 19(1)(c), making the formation of co-operative societies a fundamental right.

The 44th Amendment Act, 1978, inter alia, removed the right to property from the list of Fundamental Rights. The 4th Amendment Act, 1955, related to property rights and included certain acts in the 9th Schedule. The 95th Amendment Act, 2009, extended the reservation of seats for SCs and STs and special representation for Anglo-Indians in the Lok Sabha and State Legislative Assemblies for another ten years.

12. Which one of the following constitutional amendments lowered the votin

Which one of the following constitutional amendments lowered the voting age from 21 years to 18 years?

42nd Amendment

61st Amendment

73rd Amendment

86th Amendment

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The 61st Constitutional Amendment Act, 1988, lowered the voting age for Lok Sabha and state assembly elections from 21 years to 18 years.

– This amendment was brought into force in 1989.
– It amended Article 326 of the Constitution, which deals with elections to the House of the People and to the Legislative Assemblies of States.

The 42nd Amendment Act, 1976, is known as the ‘Mini-Constitution’. The 73rd Amendment Act, 1992, established Panchayati Raj Institutions. The 86th Amendment Act, 2002, made elementary education a Fundamental Right (Article 21A).

13. Which one of the following constitutional amendments introduced the Go

Which one of the following constitutional amendments introduced the Goods and Services Tax in India?

100th Amendment

101st Amendment

122nd Amendment

125th Amendment

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UPSC Combined Section Officer – 2019-20

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The 101st Constitutional Amendment Act, 2016, introduced the Goods and Services Tax (GST) in India.

– This amendment streamlined indirect taxation by subsuming various central and state taxes under a single tax regime.
– It came into effect on 1st July 2017.

The 100th Amendment Act ratified the land boundary agreement between India and Bangladesh. The 122nd Amendment Bill was the Bill number introduced for GST, but it was enacted as the 101st Amendment Act after parliamentary approval and ratification.

14. Amendments to which one among the following Articles to the Constituti

Amendments to which one among the following Articles to the Constitution of India have not been enforced till now?

Article 20(1)

Article 20(2)

Article 21

Article 22(4)

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The correct answer is D.

Section 3 of the Constitution (Forty-fourth Amendment) Act, 1978 sought to amend Article 22(4) of the Constitution. The amendment aimed to reduce the maximum period for which a person may be detained under a preventive detention law without obtaining the opinion of an Advisory Board from three months to two months. However, this specific provision (Section 3 of the 44th Amendment Act) was never brought into force by the government through a notification in the Official Gazette.

As a result, the original text of Article 22(4), which allows preventive detention for a period longer than three months only if an Advisory Board has reported sufficient cause before the expiration of the said three months, remains in effect. Amendments related to Articles 20(1), 20(2), and 21 (specifically the addition of Article 21A by the 86th Amendment) have been duly enforced.

15. Which one of the following does not describe the procedure or substa

Which one of the following does *not* describe the procedure or substance of the amendments to the Indian Constitution ?

The Bill to amend the Constitution has to be laid in any House of the Union Parliament.

The basic features of the Constitution cannot be amended.

In the event of a deadlock between the two Houses of the Parliament, there is no provision for a joint session.

The President cannot veto a Bill for the amendment of the Constitution.

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The statement “The basic features of the Constitution cannot be amended” describes a substantive limitation on the amending power derived from judicial interpretation, rather than a direct description of the formal amendment procedure outlined in Article 368 or the explicit substance mentioned therein.

– Article 368 of the Constitution lays down the procedure for constitutional amendment.
– Statements A, C, and D describe aspects of this formal procedure: A) Bill can be introduced in either House (Art 368(2)), C) No joint session for amendment bills (Art 108 doesn’t apply to Art 368 bills), D) President must give assent (Art 368(2) as amended by 24th Amendment).
– Statement B refers to the ‘Basic Structure’ doctrine established by the Supreme Court (Kesavananda Bharati case, 1973). While a fundamental principle governing the *power* of amendment concerning substance, it is a judicially evolved concept and not part of the explicit procedural steps or inherent substance described in the constitutional text of Article 368.

The Basic Structure doctrine is a significant limitation on Parliament’s power to amend the Constitution, ensuring that essential features remain intact. However, when asked to describe the *procedure* or *substance* within the formal framework, statements detailing the steps and requirements of Article 368 (like introduction, passage, assent) are direct descriptions, whereas the basic structure is a judicially imposed constraint on the *extent* of amendment concerning substance, not a description of the substance itself or the process to change it.

16. Arrange the following chronologically: 1. 44th Amendment Act 2. Minerv

Arrange the following chronologically:
1. 44th Amendment Act
2. Minerva Mills Case
3. Amendment to Preamble
4. Kesavananda Bharati Case
Select the correct answer using the code given below:

4-3-1-2

4-3-2-1

3-4-1-2

2-4-3-1

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The correct chronological order is Kesavananda Bharati Case, Amendment to Preamble (42nd Amendment), 44th Amendment Act, and Minerva Mills Case.

– Kesavananda Bharati Case (1973) established the ‘Basic Structure’ doctrine.
– The 42nd Amendment Act (1976) added words ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble.
– The 44th Amendment Act (1978) reversed some changes made by the 42nd Amendment and removed the right to property from the list of Fundamental Rights.
– Minerva Mills Case (1980) re-affirmed the Basic Structure doctrine and struck down parts of the 42nd Amendment.

Understanding the timeline of major constitutional amendments and landmark Supreme Court judgments related to the basic structure is crucial for Indian Polity. The Kesavananda Bharati case was a pivotal moment defining the limits of Parliament’s amending power. The 42nd and 44th Amendments were significant legislative events during the Emergency and post-Emergency periods, respectively, while the Minerva Mills case further clarified the scope of the basic structure doctrine.

17. Which Constitutional Amendment Act enjoined upon the State to provide

Which Constitutional Amendment Act enjoined upon the State to provide free and compulsory education to all children of the age of six to fourteen years?

The 85th Amendment Act

The 86th Amendment Act

The 87th Amendment Act

The 88th Amendment Act

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The 86th Constitutional Amendment Act, 2002, inserted Article 21A into the Constitution, making the right to education a Fundamental Right for children between the ages of six and fourteen years.

Article 21A mandates the State to provide free and compulsory education to all children in the age group of 6 to 14 years in such manner as the State may, by law, determine.

This amendment also amended Article 45 (Directive Principle) to provide for early childhood care and education for children below six years and added a new Fundamental Duty (Article 51A(k)) for parents/guardians to provide educational opportunities to their child between 6 and 14 years. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, was enacted to give effect to Article 21A.

18. Which one of the following Amendments to the Constitution of India mad

Which one of the following Amendments to the Constitution of India made it mandatory to conduct periodic elections to the Local Government Bodies ?

72nd

73rd

64th

63rd

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The 73rd Amendment to the Constitution of India made it mandatory to conduct periodic elections to the Local Government Bodies (specifically Panchayats).

The Constitution (73rd Amendment) Act, 1992 introduced Part IX relating to Panchayats, providing for a uniform five-year term for Panchayats and mandating that elections must be held before the expiry of the term or within six months of its dissolution.

The 74th Amendment Act, 1992 introduced Part IXA relating to Municipalities, also mandating periodic elections every five years. Both amendments gave constitutional status to local self-government institutions and ensured their regular functioning through mandatory elections. The 72nd Amendment dealt with reservation of seats in certain state legislative assemblies, the 64th and 63rd Amendments were related to Punjab.

19. The principle that the Constitution of India has a ‘basic structure’ o

The principle that the Constitution of India has a ‘basic structure’ or ‘features’ which could not be amended was laid down in which one of the following judgements ?

Shankari Prasad vs Union of India (1951)

Golak Nath vs State of Punjab (1967)

Keshavananda Bharati vs State of Kerala (1973)

Minerva Mills vs Union of India (1980)

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The landmark judgement of the Supreme Court in Kesavananda Bharati vs State of Kerala (1973) laid down the doctrine of the ‘basic structure’ of the Constitution. The court held that while Parliament has the power to amend the Constitution, it cannot alter its basic structure or essential features.

The Basic Structure Doctrine limits the Parliament’s amending power, ensuring that the fundamental principles and essential features of the Constitution are protected.

The cases Shankari Prasad (1951) and Golak Nath (1967) dealt with the Parliament’s power to amend Fundamental Rights, leading up to the formulation of the basic structure doctrine in Kesavananda Bharati. The Minerva Mills case (1980) further strengthened and applied the doctrine.

20. Which one of the following statements with regard to the Amendment of

Which one of the following statements with regard to the Amendment of the Constitution of India is *not* correct ?

An Amendment Bill may be introduced in either House of the Parliament.

The Amendment Bill must be passed by at least two-third of the members of each House present and voting.

The State Legislatures are not required to ratify an Amendment Bill.

The President of India cannot return an Amendment Bill for reconsideration.

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The correct answer is C.

Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution and the procedure therefor.
Statement A is correct: An Amendment Bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
Statement B is correct: An Amendment Bill requiring special majority must be passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. The statement correctly reflects the ‘present and voting’ part of this requirement.
Statement D is correct: As per Article 368 and the 24th Constitutional Amendment Act, 1971, the President is obligated to give his assent to a Constitution Amendment Bill passed by Parliament. He cannot withhold or return it for reconsideration.
Statement C is incorrect: State Legislatures are required to ratify an Amendment Bill if the amendment seeks to change certain provisions relating to the federal structure of the Constitution, such as the election of the President, the extent of the executive or legislative powers of the Union and the States, the Supreme Court and the High Courts, distribution of legislative powers, representation of States in Parliament, or Article 368 itself. This ratification requires resolutions by not less than one-half of the State Legislatures. Therefore, it is not correct to say that State Legislatures are *not* required to ratify an Amendment Bill; they are required in specific cases.

The procedure for amendment varies depending on the nature of the amendment: (i) by simple majority, (ii) by special majority of Parliament, and (iii) by special majority of Parliament and the ratification of half of the state legislatures. Only categories (ii) and (iii) are covered under Article 368.