Constitutional Amendments

21. The changes made by the 42nd Constitution Amendment Act of 1976 in the

The changes made by the 42nd Constitution Amendment Act of 1976 in the Fundamental Duties under the Constitution of India were based on the recommendations of which one among the following Committees?

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Swaran Singh Committee
Rajamannar Committee
Indrajit Gupta Committee
G. V. K. Rao Committee
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The Fundamental Duties were added to the Constitution of India by the 42nd Amendment Act in 1976. This amendment was based on the recommendations made by the Swaran Singh Committee, which was constituted in 1976. The committee recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution.
The 42nd Amendment added Part IVA and Article 51A to the Constitution, which enumerate the ten Fundamental Duties of citizens. Later, one more duty was added by the 86th Amendment Act, 2002, making the total number of Fundamental Duties eleven.
The Rajamannar Committee (1969) was appointed by the Tamil Nadu government to examine Centre-State relations. The Indrajit Gupta Committee (1998) was related to state funding of elections. The G.V.K. Rao Committee (1985) was on administrative arrangements for rural development and poverty alleviation.

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22. Which one of the following Constitutional Amendment Acts further exten

Which one of the following Constitutional Amendment Acts further extended the reservation of seats for SCs and STs in the Lok Sabha and the State Assemblies from seventy years to eighty years?

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93rd Amendment Act
101st Amendment Act
102nd Amendment Act
104th Amendment Act
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The reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and the State Assemblies was initially for a period of 10 years from the commencement of the Constitution. This reservation has been extended periodically by constitutional amendments. The 95th Constitutional Amendment Act, 2009, extended this reservation for another 10 years, i.e., up to January 25, 2020. The 104th Constitutional Amendment Act, 2019, further extended the reservation for SCs and STs in Lok Sabha and State Assemblies for a period of ten years, i.e., up to January 25, 2030.
The 104th Constitutional Amendment Act, 2019, extended the reservation of seats for SCs and STs in the Lok Sabha and State Assemblies from 70 years to 80 years.
The 104th Amendment also discontinued the reservation of nominated seats for the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies. Other important recent amendments include the 101st (GST), 102nd (National Commission for Backward Classes constitutional status), and 103rd (EWS reservation). The 93rd Amendment Act is related to reservation for OBCs in educational institutions.

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23. The provision for one-third representation for women in the local self

The provision for one-third representation for women in the local self-government has been introduced in the Constitution of India through

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42nd Amendment Act
63rd Amendment Act
73rd Amendment Act
75th Amendment Act
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The correct answer is C.
– The 73rd and 74th Constitutional Amendment Acts of 1992 provided constitutional status to Panchayats (rural local bodies) and Municipalities (urban local bodies) respectively.
– The 73rd Amendment Act, through Article 243D, mandated the reservation of not less than one-third of the total number of seats to be filled by direct election in every Panchayat for women. Similar reservation (including for the office of chairperson) was provided.
– The 74th Amendment Act, through Article 243T, made similar provisions for reservation of seats for women in Municipalities.
– Since the question refers to “local self-government”, which encompasses both rural and urban local bodies, and the 73rd Amendment primarily established the constitutional framework for rural local self-government with this key provision, it is the most appropriate answer. Both amendments came into effect in 1993.
These amendments were landmark steps towards empowering women and decentralizing power in India. Many states have further increased the reservation for women in local bodies to 50%.

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24. As per Article 368 of the Constitution of India, the Parliament may am

As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of :

  • 1. Addition
  • 2. Variation
  • 3. Repeal

Select the correct answer using the code given below :

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1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
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The correct option is D.
Article 368 of the Constitution of India outlines the power of Parliament to amend the Constitution. The process of amendment essentially involves making changes to the existing text of the Constitution. This can be done by adding new provisions (Addition), changing existing provisions (Variation), or removing existing provisions (Repeal). The term ‘amend’ in a legal context encompasses all these actions.
Article 368 describes different procedures for amendment, ranging from simple majority (for certain provisions, though this is often considered outside the scope of Article 368’s formal procedure) to special majority in Parliament (two-thirds of members present and voting and majority of total membership) and special majority along with ratification by half of the state legislatures, depending on the nature of the provision being amended.

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25. In India, which one of the following Constitutional Amendments was wid

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

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1st Amendment
42nd Amendment
44th Amendment
86th Amendment
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The 1st Constitutional Amendment Act, 1951, was enacted primarily to overcome certain judicial interpretations of Fundamental Rights. Specifically, it aimed to validate Zamindari abolition laws and other land reform measures that had been challenged in courts based on the Right to Property (Article 31). The Amendment added Articles 31A and 31B, and the Ninth Schedule, to protect such laws from judicial review on the grounds of contravention of Fundamental Rights. It also amended Article 19(1)(a) by adding new grounds for restricting freedom of speech and expression, following court judgments (like Ramesh Thappar case) that interpreted the scope of this right. This was the first significant instance where Parliament amended the constitution specifically to counter judicial decisions on Fundamental Rights.
The 1st Amendment is a landmark example of the legislature responding to judicial review by amending the Constitution, particularly in the context of Fundamental Rights, setting a precedent for future legislative-judicial interactions.
The 42nd Amendment Act, 1976, also sought to limit judicial review and enhance parliamentary supremacy, significantly impacting Fundamental Rights and their relationship with Directive Principles, partly as a reaction to judicial pronouncements like the Kesavananda Bharati case. However, the 1st Amendment was the initial and direct legislative measure aimed at overcoming specific judicial interpretations of Fundamental Rights related to property and speech.

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26. Consider the following statements: A bill amending the Constitution

Consider the following statements:

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  • A bill amending the Constitution requires a prior recommendation of the President of India.
  • When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
  • A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
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Statements 2 and 3 are correct.
A Bill for the amendment of the Constitution does not require the prior recommendation of the President (Statement 1 is incorrect). Under Article 368, once a Constitution Amendment Bill is passed by Parliament, it is obligatory for the President to give assent (Statement 2 is correct, reinforced by the 24th Amendment Act). A Constitution Amendment Bill must be passed separately by each House of Parliament by a special majority (absolute majority of the total membership and a majority of not less than two-thirds of the members present and voting). There is no provision for a joint sitting to resolve a disagreement on a Constitution Amendment Bill (Statement 3 is correct).
The procedure for amendment of the Constitution is laid down in Article 368. Some amendments also require ratification by the legislatures of not less than one-half of the States.

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27. Consider the following statements: 1. The 44th Amendment to the Con

Consider the following statements:

  • 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
  • 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
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Statement 2 is correct, while statement 1 is incorrect.
– Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A.
– Statement 2 is correct. The 99th Amendment Act, 2014, sought to replace the Collegium system for the appointment of Supreme Court and High Court judges with the National Judicial Appointments Commission (NJAC). The Supreme Court, in the Fourth Judges Case (Supreme Court Advocates on Record Association vs Union of India, 2015), struck down the 99th Amendment and the NJAC Act, 2014, declaring them unconstitutional and violative of the independence of the judiciary, which is considered a basic structure of the Constitution.
The 44th Amendment Act, 1978, primarily focused on reversing some of the changes made by the 42nd Amendment Act, 1976 (Mini-Constitution) during the Emergency period, including restoring certain fundamental rights and limiting the power to declare national emergency. The independence of the judiciary is a cornerstone of the Indian Constitution and the Supreme Court has played a vital role in upholding it.

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28. Consider the following statements : 1. An amendment to the Constitut

Consider the following statements :

  • 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
  • 2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.

Which of the statements given above is/are correct?

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
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The correct option is D, as neither statement 1 nor statement 2 is correct.
– Statement 1 is incorrect. An amendment to the Constitution of India can be initiated by the introduction of a bill in *either* House of Parliament (Lok Sabha or Rajya Sabha), not just the Lok Sabha. (Article 368)
– Statement 2 is incorrect. If an amendment seeks to make changes in the federal character of the Constitution (e.g., matters relating to the distribution of legislative powers, representation of states in Parliament), it requires ratification by the legislatures of *not less than one-half* of the States, not all the States. (Proviso to Article 368(2))
Article 368 outlines the power of Parliament to amend the Constitution and the procedure thereof. Amendments requiring special majority in Parliament + ratification by half of the states include those affecting Article 54 (Election of President), Article 55 (Manner of election of President), Article 73 (Extent of executive power of Union), Article 162 (Extent of executive power of State), Chapter IV of Part V (The Union Judiciary), Chapter V of Part VI (The High Courts in the States), Chapter I of Part XI (Legislative relations between Union and States), any of the Lists in the Seventh Schedule, the representation of States in Parliament, and the provisions of Article 368 itself.

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29. The power of the President of India to refer a matter back to the Coun

The power of the President of India to refer a matter back to the Council of Ministers for reconsideration was inserted in the Constitution by

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44th Amendment
42nd Amendment
43rd Amendment
35th Amendment
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The 42nd Amendment Act, 1976, made the President bound by the advice of the Council of Ministers. The 44th Amendment Act, 1978, introduced the provision that the President can require the Council of Ministers to reconsider any advice, but the President shall act in accordance with the advice tendered after such reconsideration.
The power of the President to send back advice for reconsideration was introduced by the 44th Amendment to mitigate the absolute binding nature imposed by the 42nd Amendment.
The 43rd Amendment Act, 1977, repealed some of the drastic provisions of the 42nd Amendment. The 35th Amendment Act, 1974, related to Sikkim.

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30. Which one of the following Constitutional Amendments has enormously st

Which one of the following Constitutional Amendments has enormously strengthened the powers of the Speaker/Chairman of the Houses of the Parliament/State Legislatures?

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61st Amendment which reduced the voting age from 21 to 18 years
Anti-defection provisions of 52nd Amendment
Repealing of many of the provisions of 42nd Amendment by 44th Amendment
73rd Amendment that conferred extensive powers on Panchayat Bodies
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The correct answer is B) Anti-defection provisions of 52nd Amendment.
The 52nd Amendment Act, 1985, introduced the Tenth Schedule to the Constitution, popularly known as the Anti-defection Law. This law lays down the provisions for disqualification of Members of Parliament and State Legislatures on the grounds of defection. The power to decide on the disqualification of a member under this law rests with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha (or the Speaker/Chairman of the State Legislature). This vested significant power in the hands of the presiding officers concerning the membership status of elected representatives, thus strengthening their position.
The 61st Amendment reduced the voting age. The 44th Amendment repealed many provisions of the 42nd Amendment, primarily restoring democratic norms and limiting executive power. The 73rd Amendment established the Panchayati Raj system. None of these amendments directly strengthened the powers of the Speaker/Chairman to the extent the anti-defection law did regarding disqualifications.

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