Amendment of the Constitution and Basic Structure Questions and Answers

Answer: D

The bill pertains to reservation for economically weaker sections in Government jobs and education.

The Constitution (124th Amendment) Bill, 2019, passed in January 2019, became the Constitution (103rd Amendment) Act. It inserted Articles 15(6) and 16(6) to allow up to 10% reservation for economically weaker sections among those not covered by existing reservations.

The special status of Jammu and Kashmir was ended through presidential orders and a reorganisation Act in August 2019, not by this bill. Bank mergers and same-sex marriage were not its subject.

Answer: C

The doctrine was propounded in Golaknath v/s State of Punjab.

In Golaknath (1967) the Supreme Court held that Parliament could not amend the Fundamental Rights under Article 368, because an amendment is 'law' under Article 13 and cannot take away or abridge those rights.

Keshavananda Bharati (1973) overruled Golaknath, allowing Fundamental Rights to be amended but not the basic structure of the Constitution. Gopalan (1950) and Maneka Gandhi (1978) concerned personal liberty under Article 21, not the amending power.

Answer: C

Both (i) and (ii) are true.

The Constitution (Twenty-fourth Amendment) Act, 1971 amended Article 368 to make clear that Parliament may amend any provision of the Constitution and that the President must give assent to a Constitution Amendment Bill, responding to the Golak Nath judgment (i).

The Constitution (One Hundred and First Amendment) Act, 2016, which introduced the Goods and Services Tax, also amended Article 368, adding Article 279A (the GST Council) to the provisions whose amendment needs ratification by half the State legislatures (ii).

Answer: D

Ratification by half the states is needed for changes in Article 279A.

Under the proviso to Article 368(2), amendments that affect the federal structure must be ratified by the legislatures of at least half the states. The list includes the election of the President (Articles 54 and 55), the extent of executive power of the Union and states, the judiciary, the distribution of legislative powers, the Seventh Schedule, representation of states in Parliament, Article 368 itself, and, since the 101st Amendment, Article 279A on the GST Council.

Article 53 (executive power of the Union), Article 239A (legislatures for certain Union territories) and Article 243A (the Gram Sabha) are not on that list.

Answer: C

The first amendment ratified by the states was the Third Constitutional Amendment, 1954.

Under the proviso to Article 368(2), an amendment affecting certain federal provisions, including the lists of the Seventh Schedule, must also be ratified by the legislatures of at least half the states. The Third Amendment (1954) substituted entry 33 of the Concurrent List, on trade in foodstuffs and other essential goods, so it was the first amendment that needed, and received, state ratification (the paper prints 'rectified').

The First Amendment (1951) added the Ninth Schedule and Articles 31A and 31B, and the Second (1952) changed the scale of representation in the Lok Sabha; neither touched an entrenched provision. The Fourth dealt with compensation for acquired property.

Answer: D

The Right to Education became a Fundamental Right through the Eighty-sixth Constitutional Amendment.

The 86th Amendment Act, 2002 inserted Article 21A, which requires the state to provide free and compulsory education to all children aged 6 to 14. It also changed Article 45 to cover early childhood care and education and added a fundamental duty on parents in Article 51A(k). The Right of Children to Free and Compulsory Education Act, 2009 put Article 21A into effect from 1 April 2010.

The First Amendment (1951) concerned land reform and free speech, the 42nd (1976) made sweeping changes including the Fundamental Duties, and the 44th (1978) removed the right to property from the Fundamental Rights.

Answer: C

'Socialist' was added to the Preamble by the Forty-second Constitutional Amendment.

The 42nd Amendment Act, 1976, passed during the Emergency, inserted the words 'Socialist' and 'Secular', and changed 'unity of the Nation' to 'unity and integrity of the Nation'. It is the only amendment so far to change the Preamble.

The First and Second Amendments (1951 and 1952) dealt with other matters, such as land reform and the scale of representation in the Lok Sabha. The 44th Amendment (1978) reversed several Emergency-era changes but left these words in place.

Answer: B

The amendment called the 'Mini Constitution' is the 42nd Amendment.

Passed in 1976 during the Emergency, the 42nd Amendment Act made the widest changes the Constitution has ever undergone. It added 'socialist', 'secular' and 'integrity' to the Preamble, inserted the Fundamental Duties, added new Directive Principles, moved subjects such as education and forests to the Concurrent List, and curtailed judicial review. Its sweep earned it the name 'Mini Constitution'.

The 24th and 25th Amendments (1971) dealt with Parliament's power to amend Fundamental Rights and with property rights; the 44th (1978) reversed much of the 42nd; the 73rd and 74th (1992) created constitutional local government.

Answer: A

Only statement 1 is correct, so the answer is Only one.

Under Article 368, an amendment can be initiated only by introducing a bill in either House of Parliament; state legislatures cannot initiate one (though some amendments need their ratification).

Statement 2 is wrong because the bill can be introduced by a minister or a private member; it is true that no prior permission of the President is needed. Statement 3 is wrong because, although each House must pass the bill separately with the special majority, there is no provision for a joint sitting if the Houses disagree; the bill simply fails.

Answer: B

The correct code is A-3, B-1, C-4, D-2.

• The 102nd Amendment gave constitutional status to the National Commission for Backward Classes (Article 338B).
• The 103rd Amendment, 2019 provided up to 10% reservation for Economically Weaker Sections.
• The 104th Amendment, 2020 extended reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state assemblies to 2030.
• The 105th Amendment, 2021 restored the power of the states to identify socially and educationally backward classes.

The paper dates the 102nd Amendment Act to 2019; it was enacted in August 2018, but the matching is unaffected.