Constitutional Amendments Archives

51. Which of the following statements regarding constitutional amendment i

Which of the following statements regarding constitutional amendment is/are correct?
1. The procedure for amendment to the Constitution is provided in Article 368.
2. A Bill to amend the Constitution can be introduced in either House of the Parliament.
3. The special procedure in Article 368 vests constituent powers upon the ordinary legislation.
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1 only

1, 2 and 3

2 and 3 only

1 and 2 only

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The correct option is D) 1 and 2 only.

Statement 1 is correct: Article 368 in Part XX of the Constitution lays down the procedure for amendment of the Constitution.
Statement 2 is correct: A Bill for the amendment of the Constitution can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
Statement 3 is incorrect: Article 368 vests constituent power (the power to amend the Constitution) in Parliament, but this power is exercised through a special procedure, not through ordinary legislation. An amendment bill requires specific majorities (absolute majority and a two-thirds majority of members present and voting) in each House, and for certain provisions, ratification by states is also required, distinguishing it significantly from ordinary law-making.

Constitutional amendments require a special majority and, in some cases, ratification by state legislatures, making the process distinct from ordinary legislative procedures. The power under Article 368 is constituent power, not ordinary legislative power.

52. Which one of the following amendments in the Constitution of India mad

Which one of the following amendments in the Constitution of India made a Proclamation of Emergency immune from judicial review?

39th Amendment

40th Amendment

42nd Amendment

44th Amendment

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The 42nd Amendment Act, 1976, enacted during the period of National Emergency (1975-77), significantly curtailed the power of judicial review. It amended Article 352 and other related provisions to make the President’s satisfaction in declaring an emergency final and beyond judicial challenge.

The 42nd Amendment introduced clauses (4) and (5) in Article 352, which stated that the President’s decision to declare a Proclamation of Emergency and the continuation thereof shall be final and conclusive and shall not be questioned in any court on any ground.

The 44th Amendment Act, 1978, repealed the provisions introduced by the 42nd Amendment regarding the non-justiciability of the Proclamation of Emergency. It re-established that the satisfaction of the President could be questioned in a court of law on the ground of mala fide. This was a significant step in restoring the judiciary’s role in checking the executive power.

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53. Following the Constitution (One Hundred and First Amendment) Act, 2016

Following the Constitution (One Hundred and First Amendment) Act, 2016, the Parliament enacted quite a few GST Acts in the year 2017. Which one of the following does not fall in this category ?

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The Central Goods and Services Tax Act

The Integrated Goods and Services Tax Act

The Goods and Services Tax (Compensation to States) Acts

The State Goods and Services Tax Act

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Following the Constitution (One Hundred and First Amendment) Act, 2016, which introduced the Goods and Services Tax (GST), the Parliament enacted several Central GST laws in 2017. These include The Central Goods and Services Tax Act (CGST Act), The Integrated Goods and Services Tax Act (IGST Act), and The Goods and Services Tax (Compensation to States) Act. However, The State Goods and Services Tax Act (SGST Act) is enacted by the legislature of *each state* separately, not by the Parliament.

– GST in India is a dual GST model, meaning both the Centre and States levy tax on the same taxable event (supply of goods and services).
– CGST and IGST are central laws passed by Parliament.
– SGST is a state law passed by each state legislature.
– UTGST is a law passed by Parliament for Union Territories without a legislature.

– The GST (Compensation to States) Act was enacted to provide compensation to states for the loss of revenue arising on account of implementation of the GST for a period of five years, as per the recommendation of the GST Council.
– The GST Council is the governing body for GST, comprising the Union Finance Minister and state finance ministers.

54. The basic structure doctrine with regard to the Constitution of India

The basic structure doctrine with regard to the Constitution of India relates to

1. the power of judicial review
2. the judgment in Kesavananda Bharati case (1973)
3. the constraints on Article 368 of the Constitution of India
4. the judgment in Golaknath case (1967)

Select the correct answer given below.

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1, 2 and 3 only

1, 2, 3 and 4

1 and 3 only

2 and 4 only

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The basic structure doctrine with regard to the Constitution of India relates to the power of judicial review, the judgment in Kesavananda Bharati case (1973), and the constraints on Article 368 of the Constitution of India.

– The basic structure doctrine was propounded by the Supreme Court in the landmark *Kesavananda Bharati vs State of Kerala* case in 1973. (Point 2 is correct).
– This doctrine holds that the Parliament, under Article 368, can amend any part of the Constitution, including fundamental rights, but it cannot alter the ‘basic structure’ or essential features of the Constitution. This imposes constraints on the amending power under Article 368. (Point 3 is correct).
– The doctrine itself is enforced and interpreted by the judiciary through its power of judicial review. While judicial review wasn’t explicitly listed as part of the basic structure in the original judgment, it is considered an essential feature in subsequent judgments (like *Minerva Mills* case) as it is the means to uphold the basic structure. (Point 1 is correct).
– The *Golaknath vs State of Punjab* case (1967) ruled that Parliament could not amend fundamental rights, but it did not formulate the basic structure doctrine. The *Kesavananda Bharati* case modified the *Golaknath* ruling, stating that fundamental rights could be amended, but not the basic structure. (Point 4 is incorrect).

Elements identified as part of the basic structure by the Supreme Court in various judgments include the supremacy of the Constitution, the republican and democratic form of government, the secular character of the Constitution, separation of powers, federal character of the Constitution, unity and integrity of the nation, judicial review, harmony and balance between Fundamental Rights and Directive Principles, and the rule of law.

55. Through the Forty Second Amendment to the Constitution of India, which

Through the Forty Second Amendment to the Constitution of India, which of the following was/were inserted into its Preamble?

1. ‘Liberty of thought, expression and belief’ was substituted by ‘Liberty of thought, expression, belief, faith and worship’.
2. The expression ‘Unity of the Nation’ was substituted by ‘Unity and Integrity of the Nation’.

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1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Only statement 2 is correct.

The 42nd Constitutional Amendment Act of 1976 added three new words to the Preamble: ‘SOCIALIST’, ‘SECULAR’, and ‘INTEGRITY’.

Statement 1 is incorrect. The phrase “Liberty of thought, expression, belief, faith and worship” was already present in the original Preamble. Statement 2 is correct; the expression ‘Unity of the Nation’ was indeed changed to ‘Unity and Integrity of the Nation’ by the 42nd Amendment.

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56. Which one of the following statements about a Bill for Amendment of th

Which one of the following statements about a Bill for Amendment of the Constitution of India is not correct?

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It is governed by Article 368(2) of the Constitution of India.

Joint sitting can be resorted to for passing a Bill amending the Constitution of India.

The State Legislatures cannot initiate any Bill or proposal for amendment of the Constitution of India.

The previous sanction of the President of India is not required for introducing any Bill in the Parliament for amendment of the Constitution of India.

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A Bill for the amendment of the Constitution of India is governed by Article 368. This article specifies that the Bill must be passed in each House of Parliament by a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). Article 368 does *not* include a provision for a joint sitting of Parliament in case of a deadlock between the two Houses over a constitutional amendment bill. Therefore, a joint sitting cannot be resorted to for passing such a Bill. Statement B is incorrect.

Joint sittings are not permissible for Constitutional Amendment Bills under Article 368.

Article 368 provides for different procedures depending on the nature of the amendment. Some amendments require ratification by half of the state legislatures in addition to the special majority in Parliament. Only Parliament has the power to initiate a constitutional amendment. Prior recommendation of the President is not needed for introducing a constitutional amendment bill.

57. Which one among the following was eliminated by the 44th Amendment Act

Which one among the following was eliminated by the 44th Amendment Act of the Parliament ?

Right against Exploitation

Right to Constitutional Remedies

Right to Property

Right to Education

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The Right to Property was eliminated from the list of Fundamental Rights by the 44th Amendment Act of the Parliament.

– The 44th Amendment Act, 1978 repealed Articles 19(1)(f) and 31, which guaranteed the Right to Acquire, Hold and Dispose of Property and Right to Property, respectively, as Fundamental Rights.
– Instead, the Act inserted Article 300A in Part XII of the Constitution, which states that “No person shall be deprived of his property save by authority of law.” This made the Right to Property a legal right, not a Fundamental Right.

The other rights mentioned: Right against Exploitation (Articles 23-24) and Right to Constitutional Remedies (Article 32) remain Fundamental Rights. The Right to Education (Article 21A) was added as a Fundamental Right much later by the 86th Amendment Act, 2002. The removal of the Right to Property as a Fundamental Right was a significant constitutional change, primarily aimed at facilitating land reforms and social welfare legislation without excessive judicial challenge on the grounds of violating a fundamental right.

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58. Which among the following statements about the power to change the bas

Which among the following statements about the power to change the basic structure of the Constitution of India is/are correct?

1. It falls outside the scope of the amending powers of the Parliament.
2. It can be exercised by the people through representatives in a Constituent Assembly.
3. It falls within the constituent powers of the Parliament.

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1 and 3

1 and 2

1 only

2 and 3

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The correct answer is B) 1 and 2.

Statement 1 is correct. As per the Basic Structure Doctrine established by the Supreme Court (Kesavananda Bharati case, 1973), Parliament’s power to amend the Constitution under Article 368 does not extend to altering the basic structure. Thus, changing the basic structure falls outside the scope of the Parliament’s regular amending powers.
Statement 3 is incorrect. The Supreme Court explicitly ruled that altering the basic structure does *not* fall within the constituent powers of the Parliament under Article 368. Parliament’s constituent power is limited and cannot be used to destroy or alter the basic structure.
Statement 2 is correct in a theoretical sense. The ultimate constituent power to frame or fundamentally alter a constitution (including its basic structure) is generally understood to reside with the sovereign people, which could potentially be exercised through representatives in a specially constituted body like a Constituent Assembly, distinct from the existing amending process under Article 368. While the current constitution does not provide this mechanism, it is the theoretical means by which such fundamental change might occur if the basic structure were ever to be revisited outside the scope of Article 368.

The Basic Structure Doctrine is a judicial innovation aimed at preserving the fundamental character of the Constitution. It posits that certain features are so essential that they cannot be abrogated even by constitutional amendment. The exact contours of the basic structure are not precisely defined but include elements like the supremacy of the Constitution, the republican and democratic form of government, the secular character of the Constitution, separation of powers, federal character, judicial review, etc.

59. Under which one of the following Amendment Acts was Sikkim admitted in

Under which one of the following Amendment Acts was Sikkim admitted into the Union of India?

35th

36th

37th

38th

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Sikkim became a full-fledged State of the Union of India through the 36th Amendment Act of 1975. The 35th Amendment Act of 1974 had previously conferred the status of an ‘Associate State’ upon Sikkim, introducing Article 2A and the Tenth Schedule for this purpose. However, following a referendum in Sikkim and a subsequent resolution by the Sikkim Assembly, the 36th Amendment Act was passed, which repealed Article 2A and the Tenth Schedule and made Sikkim a full State of India.

– The 36th Amendment Act, 1975, integrated Sikkim as a full state.
– The 35th Amendment Act, 1974, granted associate state status.
– The question asks about being “admitted into the Union,” which refers to the status of a full state.

The 36th Amendment also included a new Article 371F in the Constitution, containing special provisions with respect to the State of Sikkim to address its unique circumstances and ensure its smooth integration and governance within the Indian Union.

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60. Which one of the following Amendments to the Constitution of India has

Which one of the following Amendments to the Constitution of India has prescribed that the Council of Ministers shall not exceed 15 percent of total number of members of the House of the People or Legislative Assembly in the States?

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91st Amendment

87th Amendment

97th Amendment

90th Amendment

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The 91st Constitutional Amendment Act, 2003, inserted Clause (1A) into Article 75 and Article 164 of the Constitution. Article 75(1A) states that the total number of Ministers, including the Prime Minister, in the Council of Ministers at the Centre shall not exceed fifteen percent of the total number of members of the House of the People. Similarly, Article 164(1A) imposes the same restriction (15%) on the size of the Council of Ministers in the States, with a minimum limit of twelve ministers for smaller states.

– The 91st Amendment was enacted to curb the trend of having large Cabinets.
– It also disqualified a member of either House of Parliament or a State Legislature who is disqualified on the ground of defection from being appointed as a Minister.

Before the 91st Amendment, there was no constitutional limit on the size of the Council of Ministers, leading to oversized cabinets in some cases. This amendment brought a cap to ensure efficiency and potentially reduce financial burden. The 87th Amendment (2003) dealt with the readjustment of constituencies based on the 2001 census. The 90th Amendment (2003) pertained to the representation of Scheduled Tribes in the Assam Legislative Assembly. The 97th Amendment (2011) gave constitutional status and protection to cooperative societies.