Constitutional Amendments Archives

31. Sikkim became an Associate State of the Indian Union through

Sikkim became an Associate State of the Indian Union through

the Constitution (36th Amendment) Act, 1975

the Constitution (7th Amendment) Act, 1956

the Constitution (35th Amendment) Act, 1974

the Constitution (5th Amendment) Act, 1955

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UPSC CAPF – 2018

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The correct answer is C) the Constitution (35th Amendment) Act, 1974.

The 35th Amendment Act, 1974, amended the Constitution to provide for Sikkim’s association with the Indian Union. It introduced a new Article 2A and the Tenth Schedule to the Constitution, laying down the terms and conditions of Sikkim’s association. This gave Sikkim the status of an ‘Associate State’.

Subsequently, the 36th Amendment Act, 1975, fully integrated Sikkim into India by making it the 22nd state of the Indian Union. This amendment repealed Article 2A and the Tenth Schedule inserted by the 35th Amendment and made necessary amendments to the First and Fourth Schedules and introduced Article 371F. The 7th Amendment Act, 1956, was related to the reorganization of states on a linguistic basis.

32. The Ninth Schedule was added to the Constitution of India by the

The Ninth Schedule was added to the Constitution of India by the

Fourteenth Amendment

First Amendment

Ninety-Third Amendment

Ninety-Ninth Amendment

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UPSC CAPF – 2017

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The Ninth Schedule was added to the Constitution of India by the First Amendment Act, 1951.

The First Amendment was enacted to address issues related to fundamental rights, particularly the right to property and freedom of speech, which had been challenged in courts.

The Ninth Schedule was created to protect laws placed within it from judicial review on the grounds that they violate fundamental rights. Initially, it included laws related to land reforms. Over time, various other laws were added to it. However, the Supreme Court later ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial scrutiny if they violate the basic structure of the Constitution.

33. With regard to a Constitution Amendment Bill, which one of the followi

With regard to a Constitution Amendment Bill, which one of the following statements is *not* correct ?

The Speaker of the Lok Sabha can call a joint sitting of both the Houses to pass the Bill

Each House needs to pass the Bill separately by a prescribed special majority

The Bill can be introduced in either House of Parliament

The Bill can be sponsored by a Private Member

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UPSC CAPF – 2016

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Statement A is incorrect. Article 368 of the Constitution lays down the procedure for passing a Constitution Amendment Bill. It requires the Bill to be passed by each House of Parliament separately by a special majority (a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting). There is no provision for a joint sitting of both Houses to resolve a deadlock over a Constitution Amendment Bill. Joint sittings (under Article 108) are only for ordinary bills where there is a disagreement between the two Houses.

– Constitution Amendment Bills require separate passage by each House with a special majority.
– Joint sittings are not permitted for Constitution Amendment Bills.

– Statement B is correct as per Article 368.
– Statement C is correct; a Constitution Amendment Bill can be introduced in either the Lok Sabha or the Rajya Sabha.
– Statement D is correct; a Constitution Amendment Bill can be introduced by a Minister or a Private Member (any MP who is not a Minister).

34. The amending power of the Parliament is set forth in which one of the

The amending power of the Parliament is set forth in which one of the following Articles of the Constitution of India ?

Article 368

Article 360

Article 13(2)

Article 370

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UPSC CAPF – 2016

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Article 368 of the Constitution of India specifically deals with the Power of Parliament to amend the Constitution and Procedure therefor. It outlines the process by which the Constitution can be amended, requiring specific majorities in Parliament and in some cases, ratification by State Legislatures.

– Article 368 is the primary article granting and regulating the power to amend the Constitution.
– It specifies the procedure for constitutional amendments.

– Article 360 deals with the provisions relating to Financial Emergency.
– Article 13(2) states that the State shall not make any law which takes away or abridges the rights conferred by Part III (Fundamental Rights), and any law made in contravention of this clause shall, to the extent of the contravention, be void.
– Article 370 (now largely inoperative) contained temporary provisions with respect to the State of Jammu and Kashmir.

35. The 9 th Schedule to the Constitution of India was added by the :

The 9^th Schedule to the Constitution of India was added by the :

Third Amendment Act

Fourth Amendment Act

First Amendment Act

Sixth Amendment Act

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UPSC CAPF – 2015

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The 9th Schedule to the Constitution of India was added by the First Amendment Act.

The First Amendment Act, 1951, is one of the most significant amendments to the Indian Constitution, primarily aimed at addressing issues related to land reforms and the validity of laws concerning property rights and freedom of speech. It added the 9th Schedule to protect certain laws from judicial review.

The First Amendment was enacted by the Provisional Parliament. The 9th Schedule was created to ensure that laws placed within it could not be challenged in court on the grounds that they violated fundamental rights, specifically the right to property (Article 31, which was later repealed as a fundamental right). This was done to facilitate land reform legislation.

36. Which one among the following items was not added to the Concurrent Li

Which one among the following items was not added to the Concurrent List of the Constitution of India under the provisions of the 42nd Amendment Act, 1976?

Family planning

Forest

Education

Railways

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UPSC CAPF – 2012

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The correct answer is D) Railways.

The 42nd Amendment Act, 1976, transferred several subjects from the State List to the Concurrent List. These subjects included Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice, Constitution and Organisation of all courts except the Supreme Court and the High Courts. Family Planning (Population Control and Family Planning) was also added to the Concurrent List (Entry 20A).

Railways (Entry 22 in the Union List) is a subject exclusively under the jurisdiction of the Union Government and was not affected by the transfers under the 42nd Amendment Act.

37. An amendment bill to the Constitution of India requires to be ratified

An amendment bill to the Constitution of India requires to be ratified by legislatures of not less than one half of the states if it seeks to make any change in :

1. Article 54 of the Constitution.
2. any of the Lists in the Seventh Schedule.
3. the representation of states in the Parliament.

Select the correct answer using the code given below :

1 and 2 only

1, 2 and 3

2 and 3 only

1 and 3 only

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UPSC CAPF – 2010

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Article 368 of the Constitution of India provides for the amendment procedure. Certain amendments, particularly those affecting the federal structure, require ratification by the legislatures of not less than one-half of the states, in addition to being passed by a special majority in both Houses of Parliament. The matters requiring state ratification are listed in the proviso to Article 368(2). These include:
1. The election of the President (Articles 54, 55).
2. The extent of the executive power of the Union and States.
3. The Supreme Court and the High Courts.
4. Distribution of legislative powers between the Union and the States.
5. Any of the Lists in the Seventh Schedule.
6. The representation of States in Parliament.
7. The power of Parliament to amend the Constitution and the procedure therefor (Article 368 itself).

Statement 1 (Article 54 – Election of the President) is covered under point 1.
Statement 2 (any of the Lists in the Seventh Schedule) is covered under point 5.
Statement 3 (the representation of states in the Parliament) is covered under point 6.

All three statements mention matters that require ratification by not less than one-half of the state legislatures.

– Amendments to the Constitution are broadly categorized into simple majority, special majority, and special majority plus state ratification.
– State ratification is required for amendments affecting the federal features of the Constitution.

The requirement of state ratification ensures that amendments impacting the federal scheme have the consent of a significant number of states, upholding the federal spirit of the Constitution.

38. Consider the following statements: 1. The Parliament of India is th

Consider the following statements:

1. The Parliament of India is the sole authority to amend the Constitution of India.
2. A Bill for the amendment of the Constitution can be introduced only in the Lok Sabha.
3. The President of India must give his assent to a Bill for the amendment of the Constitution.

Which of the statements given above are correct?

1 and 2 only

1 and 3 only

2 and 3 only

1, 2 and 3

This question was previously asked in

UPSC CAPF – 2010

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Statement 1 is correct if interpreted as Parliament being the sole legislative body involved in the amendment process. Article 368 vests the power to amend the Constitution in Parliament. Although some amendments require ratification by state legislatures, the bill is passed by Parliament. Statement 2 is incorrect. A Bill for the amendment of the Constitution can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), not only in the Lok Sabha (Article 368(2)). Statement 3 is correct. Article 368(2), as amended by the 24th Amendment Act, 1971, makes it obligatory for the President to give his assent to a Constitution Amendment Bill passed by Parliament (and ratified by states, where necessary).

Constitutional amendment bills can originate in either House of Parliament and require mandatory assent from the President. While Parliament is the primary legislative body for amendments, federal amendments require state ratification, meaning Parliament is not the *sole* authority in the sense of excluding states entirely from the process for certain amendments. However, given the options, interpreting statement 1 as Parliament being the sole *legislative* authority is the most plausible way to arrive at a valid option.

Constitutional amendments are governed by Article 368. There are different procedures for amendment, requiring either a special majority of Parliament, or a special majority of Parliament plus ratification by half of the state legislatures.

39. The Constitution (35 th Amendment) Act of 1974 is related to which on

The Constitution (35^th Amendment) Act of 1974 is related to which one of the following States ?

Mizoram

Sikkim

Nagaland

Arunachal Pradesh

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UPSC NDA-2 – 2021

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The Constitution (35th Amendment) Act of 1974 is related to Sikkim.

The 35th Constitutional Amendment Act, 1974, amended the Constitution of India to include Sikkim as an ‘associate state’. This granted Sikkim representation in the Indian Parliament without fully integrating it into the Union as a state. A new Article 2A and a Tenth Schedule were added to the Constitution for this purpose.

This amendment was a step towards the full integration of Sikkim into India. In 1975, following a referendum, the Monarchy (Chogyal) was abolished, and Sikkim became the 22nd state of India through the 36th Constitutional Amendment Act, 1975. The 35th and 36th Amendments are key historical milestones regarding Sikkim’s accession to India.

40. The word ‘socialist’ was inserted into the Preamble to the Constitutio

The word ‘socialist’ was inserted into the Preamble to the Constitution of India through which one of the following Amendment Acts?

41st Amendment Act

42nd Amendment Act

43rd Amendment Act

44th Amendment Act

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UPSC NDA-2 – 2018

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The correct answer is the 42nd Amendment Act.

The words ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the Preamble of the Constitution of India by the 42nd Amendment Act of 1976.

The 42nd Amendment Act is also known as the ‘Mini-Constitution’ due to the large number of changes it introduced to the Constitution. The Preamble was amended only once by this Act.