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#1. Consider the following statements with reference to the differences between Constitutional amendment procedure in India and the United States of America (USA):
1. Unlike in USA, the power to initiate all the amendments to the Constitution in India lie with the Parliament only.
2. In USA, every constitutional amendment must be ratified by at least three-fourth of the state legislatures.
3. Unlike in USA, there is no provision for a special body like constitutional convention in India to amend the Constitution.
Which of the statements given above are correct?
Statement 1 is correct. In India, an amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. The state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, which is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it. In USA, an amendment may be proposed either by the Congress (USA’s Parliament) or by a constitutional convention called for by two-thirds of the State legislatures.
Statement 2 is correct. In India, major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simple majority. Only in few cases, the consent of the state legislatures is required and that too, only half of them. While in USA, every constitutional amendment must be ratified by at least three-fourth of the state legislatures.
Statement 3 is correct. There is no provision for a special body like Constitutional Convention as provided in U.S.A. for amending the Constitution in India. The constituent power is vested in the Parliament and only in few cases, in the state legislature.
#2. Which of the following provisions of the constitution can be amended by the Simple Majority?
1. Admission or establishment of new states
2. Number of puisne judges in the Supreme Court
3. Abolition or creation of legislative councils in states
4. Directive Principles of State Policy
Select the correct answer using the codes given below:
A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
Admission or establishment of new states.
Formation of new states and alteration of areas, boundaries or names of existing states.
Abolition or creation of legislative councils in states. Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
Quorum in Parliament.
Salaries and allowances of the members of Parliament.
Rules of procedure in Parliament.
Privileges of the Parliament, its members and its committees.
Use of English language in Parliament.
Number of puisne judges in the Supreme Court.
Conferment of more jurisdictions on the Supreme Court.
Use of official language.
Citizenship–acquisition and termination.
Elections to Parliament and state legislatures. Delimitation of constituencies.
Union territories.
Fifth Schedule–administration of scheduled areas and scheduled tribes. Sixth Schedule–administration of tribal areas.
The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.
The provisions which can be amended by this way includes:
Fundamental Rights.
Directive Principles of State Policy;
and All other provisions which are not covered by the fi rst and third categories.
#3. Consider the following statements with reference to the Amendment procedure: .
1. The Constitution prescribes the time frame within which the state legislatures should ratify or reject an amendment submitted to them.
2. Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
Which of the statements given above is/are correct?
Article 368 provides for two types of amendments, that is, by a special majority of Parliament and the special majority of Parliame nt along with the ratification of half of the state’s legislatures by a simple majority.
Statement 1 is incorrect: The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. Also, it is silent on the issue whether the states can withdraw their approval after according the same.
Statement 2 is correct: Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case.
#4. Which one of the following statements correctly describes ‘doctrine of proportionality’?
Doctrine of proportionality finds its place in the Administrative Law and is used at the stage of Judicial Review. The doctrine asserts that there must be a reasonable connection between the desired result and the measures taken to reach that goal. The proportionality test provides a tool to determine the constitutionality of an action that limits a fundamental right. It requires that a rights-limiting measure should be pursuing a proper purpose and that there is a proper balance between the importance of achieving that purpose and the harm caused by limiting the right.
#5. Consider the following statements with reference to the 97th Constitutional Amendment Act:
1. It made changes in fundamental rights, fundamental duties and directive principles of state policy of the Constitution.
2. Parliament is empowered to legislate with respect to multi-state cooperative societies under the act.
Which of the statements given above is/are correct?
Statement 1 is incorrect. The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies. It made the right to form co-operative societies a fundamental right under Article 19. It included a new directive principle of state policy on promotion of cooperative societies (under Article 43-B). However, it did not add any new provision to fundamental duties.
Statement 2 is correct. It empowers the Parliament in respect of multi-state cooperative societies and the state legislatures in respect of other co-operative societies to make the appropriate law.
#6. If Government of India decides to change the composition/structure of the GST council then which one of the following procedures for amendment is required to be followed as prescribed by Constitution of India?
Article 279A (1) of the Constitution provides for the GST Council to make recommendations to the Union and the States on important issues related to GST.
Option a is incorrect. Distribution of legislative powers between the Union and the states involves federal structure and cannot be amended alone by the union.
Option b is incorrect. Basic Structure doctrine do not bar to alter the distribution of powers between union and states.
Option c is correct. Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. The composition/structure of the GST council can be altered in this manner.
Option d is incorrect. Provisions like Fundamental Rights and Directive Principles can be amended by Special majority of the Parliament.
#7. The provisions related to Fundamental Rights and Directive Principles of State Policy are amended in Parliament by .
Article 368(2) of the Constitution of India empowers the Parliament to amend the Constitution by passing a Bill with a special majority. Fundamental Rights and Directive Principles are the two most important provisions that can be amended by a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
#8. It is a majority of more than 50% of the total strength of the house excluding vacancies. This majority is used to remove the Speaker and the Deputy Speaker of the Lok Sabha and the State Legislatures. The type of majority is:
Effective Majority refers to a majority of more than 50% of the effective strength of the House. Effective Strength is total strength minus vacancies. It is used in (1) Removal of the Chairman of Rajya Sabha (Vice President of India, Deputy Chairman in the Rajya Sabha (Article 67(b)). (2) Removal of the Speaker and the Deputy Speaker of the Lok Sabha and the State Legislatures.
#9. Consider the following statements regarding amendment of the constitution.
1. Permission of President is required for introducing a constitutional amendment bill.
2. There is no provision for joint sitting to get the bill passed by the houses.
3. The President can’t return the bill for reconsideration of Parliament but can withhold his assent to the bill.
Which of the statements given above is/are correct?
Statement 1 is incorrect. The constitutional amendment bill does not require prior permission of President.
Statement 2 is correct. The bill should be passed by both the houses separately and there is no provision of Joint sitting of the two houses for the purpose of deliberation and passage of the bill.
Statement 3 is incorrect. The President can neither return the bill for reconsideration of Parliament nor withhold his assent to the bill.
#10. Which of the following provisions are not to be considered as amendments of the constitution under Article 368?
1. Laws made for the establishment of new states.
2. Abolition of legislative council in the states.
3. Delimitation of constituencies.
4. Concurrent lists
5. GST council
Select the correct answer using the code given below:
Those provisions which are amended by simple majority of parliament i.e. majority of the members of each house present and voting are not deemed to be amendments of the constitution for the purpose of Article 368.
The provisions, among others, include
1. Admission or establishment of new states
2. Abolition or creation of legislative council in the states.
3. Delimitation of constituencies.
Article 368 provides for 2 types of amendments i.e. by special majority of parliament and also through the ratification of half of the states by simple majority.
Provisions of Concurrent lists and GST council are amended by special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. So, these are included under Article 368.
#11. With reference to the procedure of constitutional amendment, consider the following statements:
1. A constitutional amendment bill can be introduced either by a minister or a private member with prior permission of the president.
2. The president must give his/her assent to a constitutional amendment bill passed by the Parliament.
Which of the statements given above are correct?
Statement 1 is incorrect. A constitutional amendment bill can be introduced in either House of Parliament either by a minister or by a private member.Such a bill does not require prior permission of the president.
Statement 2 is correct. The president must give his assent
to a constitutional amendment bill passed by both Houses
of parliament. He/she can neither withhold his/her
assent to the bill nor return the bill for reconsideration
of the Parliament.
#12. Match the following pairs of constitutional amendments and its subjects:
Constitutional Amendment — Subject
1. The 101st Amendment — A. Reservation of seats for SCS and STS in legislatures
2. ‘The 102nd Amendment — B. Goods and Services Tax.
3. The 103rd Amendment – – C. National Commission for Backward Classes
4. ‘The 104th — D. Reservation for
Amendment – – Economically Weaker Sections
Select the correct answer using the code given below:
Pair 1-B The 101st Constitutional Amendment, 2017, introduced the Goods and Services Tax. It amended the Sixth Schedule, Seventh Schedule of the Constitution.
Pair 2-C The 102nd Constitutional Amendment, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC). Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.
Pair 3-D The 103rd Constitutional Amendment, 2019, granted a maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
Pair 4-A The 104th Constitutional Amendment, 2020, extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years. It also removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.
#13. The ratification by half of the States is required to amend which of the following provisions in the Constitution?
1. Election of the President and its manner.
2. Power of Parliament to amend the Constitution and its procedure.
3. Directive Principles of State Policy.
4. Creation of all-India service.
Select the correct answer using the code given below:
Statements 1 and 2 are correct. Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. The following provisions can be amended in this way:
• Election of the President and its manner.
• Extent of the executive power of the Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers between the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Statement 3 is incorrect. DPSP can be amended by using special majority in the parliament.
Statement 4 is incorrect. No ratification by half the states is needed for the creation of any All-India services.
#14. Which of the following subjects can be amended without invoking Article 368 of the Constitution?
1. Elections to Parliament and State Legislatures.
2. Fifth and Sixth Schedules.
3. Extent of executive power of the Union.
4. Number of puisne judges in the Supreme Court.
Select the correct answer using the code given below:
Statements 1, 2 and 4 are correct.
A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. Th ese provisions include:
• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of English language in Parliament. • Number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Use of offi cial language.
• Citizenship–acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories.
• Fifth Schedule–administration of scheduled areas and scheduled tribes.
• Sixth Schedule–administration of tribal areas.
Statement 3 is incorrect.
Special Majority under Article 368 and ratification by the states is required to amend the extent of executive power of the Union and the states.
#15. Which of the following statements regarding financial relations between centre and states during a Financial Emergency, is/ are correct?
1. All money bills or other financial bills of the states can be reserved for the President.
2. The President may declare a reduction in the salaries of persons serving in the states or the Union.
3. The President cannot reduce the salary of judges of the Supreme Court or High Courts.
Select the correct option using the code given below:
Statement 1 is correct: During a financial emergency the centre can direct the state to reserve all money bills or other financial bills for the consideration of the President after being passed by the State Legislature.
Statement 2 is correct: The President, may issue direction, to reduce the salaries or the allowances of all or any class of people serving in the state. The President may also issue directions for the reduction of salaries and allowances of all or any class of persons serving the Union.
Statement 3 is incorrect: The President has the power to reduce salaries of judges working not only in the Supreme Court, but also the judges working in the High Courts.
#16. With reference to the implication of the proclamation of National emergency, consider the following statements:
1. The Centre can give executive directions to a state on any matter when emergency is in force.
2. The Parliament can make laws on any subject mentioned in the State List as the legislative power of a state legislature is suspended.
3. Suspension of normal distribution of the legislative powers between the Centre and states extends only to a state where the Emergency is in operation.
Which of the statement given above is/are correct?
The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360. Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
Statement 1 is correct. During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.
Statement 2 is incorrect. During a national emergency, the Parliament becomes empowered to make any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
Statement 3 is incorrect. The 42nd Amendment Act of 1976 provided that the suspension of normal distribution of the legislative powers between the Centre and states extends not only to a state where the Emergency is in operation but also to any other state.
#17. Consider the following statements:
1. An amendment of the Constitution of India can be initiated by the introduction of a Bill only in the Lok Sabha.
2. The Bill for amendment of the Constitution of India has to be passed in each House 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.
Which of the statements given above is/are correct?
#18. If an amendment of the Constitution of India seeks to make any change in certain items, the amendment requires to be ratifed by the Legislatures of not less than one-half of the States before the Bill making provision for such amendment is presented to the President for assent. Which of the following are those items?
1. Representation of States in Parliament
2. Any of the Lists in the Seventh Schedule
3. Manner of election of the President of India
Select the correct answer using the codes given below:
#19. Restriction of the writ jurisdiction of the High Courts under Article 226 of the Constitution is possible through:
#20. On receipt of a Constitutional Amendment Bill, after passing by each House of Parliament, the President:
#21. Which of the following are matters on which the Parliament has the power to modify provisions of the constitution by a simple majority?
1. Alternation of names, boundaries and areas of States
2. Appointment of additional judges
3. Abolition of the second chamber of a State Legislature
4. Administration of Scheduled Areas
Select the correct answer using the codes given below:
#22. The constituent power of Parliament to amend the Constitution:
#23. A change in which of the following does not require ratifcation by the legislatures of not less than one-half of the states by resolutions to that effect passed by those legislatures before the bill making provisions for an amendment in the Constitution of India is presented to the President for assent?
#24. Which of the following features are present in the Indian Constitution?
1. Multiple procedures for amendment
2. States are not empowered to initiate amendment
3. Joint-sittings of Parliament to resolve disputes regarding constitutional amendments.
Select the correct answer from the codes given below:
#25. A Constitutional amendment shall also be ratifed by legislatures of not less than one-half of the States by a resolution if it is meant to make any change in:
