Amending the Constitution Practice Questions

Correct answer: Article 368

Article 368 in Part XX of the Constitution grants Parliament the power to amend the Constitution by way of addition, variation, or repeal. However, Parliament cannot amend those provisions which form the 'basic structure' of the Constitution.

Correct answer: Kesavananda Bharati case (1973)

In the Kesavananda Bharati case, the Supreme Court ruled that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter its 'basic structure'. This remains the most significant judicial check on the amending power of Parliament.

Correct answer: In either House of Parliament

A constitutional amendment bill can be initiated in either the Lok Sabha or the Rajya Sabha. It cannot be introduced in the state legislatures, as the power to initiate constitutional amendments rests solely with the Union Parliament.

Correct answer: It can be introduced by a Minister or a private member

A Constitutional Amendment Bill does not require the prior recommendation of the President. It can be introduced by a Minister or any private member (an MP who is not a minister) of either House.

Correct answer: There is no provision for a joint sitting of the Houses

Unlike ordinary bills, there is no provision for a joint sitting of the two Houses for the purpose of passing a Constitutional Amendment Bill. Each House must pass the bill separately by the prescribed special majority.

Correct answer: Special majority of total membership and 2/3rd present and voting

Amendments to Fundamental Rights or Directive Principles of State Policy require a special majority under Article 368. This means a majority of the total membership of each House and a majority of two-thirds of the members present and voting.

Correct answer: Changes in the election of the President and its manner

Provisions that affect the federal structure, such as the election of the President, the extent of executive power of Union and States, or the Seventh Schedule, require ratification by half of the states. This is done by a simple majority in the state legislatures.

Correct answer: Must give his assent to the bill in every case

The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a Constitutional Amendment Bill. The President has neither the power to withhold assent nor to return it for reconsideration.

Correct answer: Admission or establishment of new states

The admission or establishment of new states (Article 2) and formation of new states (Article 3) can be amended by a simple majority, similar to ordinary legislation. These amendments are specifically excluded from the formal process of Article 368.

Correct answer: 61st Amendment Act

The 61st Constitutional Amendment Act of 1988 amended Article 326 to reduce the voting age from 21 to 18. This was intended to provide the unrepresented youth of India an opportunity to give vent to their feelings and become part of the political process.

Correct answer: The Mini-Constitution

The 42nd Amendment is called the 'Mini-Constitution' because it brought about massive changes to the Constitution during the Emergency. It added terms like 'Socialist', 'Secular', and 'Integrity' to the Preamble and introduced Fundamental Duties.

Correct answer: 44th Amendment Act

The 44th Amendment Act (1978) was enacted by the Janata Government to undo many of the changes made by the 42nd Amendment. It restricted the power to declare an internal emergency and deleted the Right to Property as a Fundamental Right.

Correct answer: 44th Amendment

The 44th Amendment Act of 1978 deleted Article 19(1)(f) and Article 31, thereby removing the Right to Property from the Fundamental Rights. It was instead inserted as Article 300-A in Part XII as a legal/constitutional right.

Correct answer: 97th Amendment Act

The 97th Amendment Act of 2011 gave constitutional status to co-operative societies. It made the right to form co-operatives a Fundamental Right (Article 19), added a new Directive Principle (Article 43B), and inserted Part IX-B.

Correct answer: Rollout of Goods and Services Tax (GST)

The 101st Amendment Act of 2016 introduced the Goods and Services Tax (GST) in India. It necessitated changes in the distribution of taxing powers between the Union and the States, requiring ratification by half the states.

Correct answer: 103rd Amendment Act

The 103rd Amendment Act of 2019 amended Articles 15 and 16 to allow the State to make special provisions for the advancement of any economically weaker sections of citizens. This reservation is in addition to the existing reservations for SC, ST, and OBC.

Correct answer: Simple majority of Parliament

Provisions like the salaries and allowances of the President, Governors, Speaker, and Judges, as mentioned in the Second Schedule, can be amended by a simple majority of Parliament. These are considered non-constitutional amendments for the purpose of Article 368.

Correct answer: Anti-Defection Law

The 52nd Amendment added the Tenth Schedule to the Constitution, providing for the disqualification of members of Parliament and State Legislatures on grounds of defection from one political party to another.

Correct answer: 102nd Amendment Act

The 102nd Constitutional Amendment Act of 2018 inserted Article 338B into the Constitution, granting constitutional status to the NCBC, which was previously a statutory body under the Ministry of Social Justice and Empowerment.

Correct answer: All of the above

Parliament can amend the Preamble, Fundamental Rights, and Directive Principles, as well as most other parts of the Constitution. However, any amendment that destroys the basic features of the Constitution is liable to be struck down by the judiciary.