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Amendment of the Constitution and Basic Structure Questions and Answers

1.

Under the Constitution of India, consider the following statements in the context of constitutional amendments :

I. Judicial review extends to constitutional amendments.
II. Laws inserted into the Ninth Schedule after 24th April, 1973 remain open to scrutiny for violation of the basic structure.
III. Parliament's amending power under Article 368 is unlimited.

Which of the above statements is/are correct ?

Exam Year(s)

AIBE - 2026,

Answer: B

Statements I and II are correct, so the answer is I and II.

Statement I: constitutional amendments are open to judicial review on the ground that they damage the basic structure, the rule laid down in Kesavananda Bharati v. State of Kerala, decided on 24 April 1973.

Statement II: in I.R. Coelho v. State of Tamil Nadu (2007) a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973 can be tested against the basic structure, including the rights in Articles 14, 19 and 21.

Statement III is wrong. Parliament's power under Article 368 is wide but limited: it cannot destroy the basic structure, and Minerva Mills (1980) struck down the clauses of the 42nd Amendment that tried to make it unlimited. Any option including III therefore fails.

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2.

Consider the following statements regarding the 42nd Amendment to the Constitution of India :

1. It added three words to the Preamble-'Socialist', 'Secular' and 'Integrity'.
2. It added eight Fundamental Duties to the Constitution.
3. It added new Directive Principles, i.e., Article 39A, Article 43A and Article 47.
4. It granted power to the President, in consultation with the Election Commission, to disqualify members of the State Legislatures.

Which of the above statements are incorrect ?

Exam Year(s)

BPSC Exam - 2023, BPSC CDPO - 2023,

Answer: C

The incorrect statements are 2 and 3.

The 42nd Amendment (1976) added ten Fundamental Duties in Article 51A, not eight (2). It added the Directive Principles in Articles 39A, 43A and 48A; Article 47 (nutrition and public health) was in the original Constitution (3).

Statements 1 and 4 are correct: it added 'Socialist', 'Secular' and 'Integrity' to the Preamble, and it gave the President, in consultation with the Election Commission, the power to decide on the disqualification of members of state legislatures (later changed by the 44th Amendment).

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3.

In which case(s) did the Supreme Court of India give for the first time the doctrine of 'basic structure' of the Constitution?

Exam Year(s)

BPSC Exam - 2023, BPSC CDPO - 2023,

Answer: B

The doctrine was first given in Kesavananda Bharati vs. State of Kerala.

In 1973 a thirteen-judge bench held, by a majority of 7 to 6, that Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure. This was the first statement of the basic structure doctrine.

Golaknath (1967) held that Parliament could not amend Fundamental Rights at all, without speaking of a basic structure, so 'Both' is wrong. Minerva Mills (1980) applied and strengthened the doctrine but did not create it.

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4.

99th constitutional amendment act of Indian Constitution talks about which of the following?

Exam Year(s)

DSSSB - 2023,

Answer: A

The 99th Constitutional Amendment Act, 2014 introduced the National Judicial Appointments Commission by inserting Articles 124A, 124B and 124C and replacing the collegium system for appointing judges. The Supreme Court struck down the Amendment in 2015 in the Fourth Judges Case.

The 10 per cent reservation for economically weaker sections came with the 103rd Amendment of 2019, the National Commission for Backward Classes got constitutional status through the 102nd Amendment, and the National Green Tribunal was set up by a statute in 2010, not by a constitutional amendment.

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5.

The National Judicial Appointments Commission, which was later abolished, came into existence under which constitutional amendment?

Exam Year(s)

DSSSB - 2023,

Answer: A

The National Judicial Appointments Commission was created by the 99th Constitutional Amendment Act, 2014, which inserted Articles 124A to 124C and was passed together with the NJAC Act, 2014. The Supreme Court struck down both in October 2015 in the Fourth Judges Case, so the earlier collegium system was restored.

The 101st Amendment is the one that introduced the Goods and Services Tax, and the 102nd gave constitutional status to the National Commission for Backward Classes. The 124th is the number of a Constitution Amendment Bill and not of an Amendment that created the NJAC.

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6.

Consider the given four statements and choose the correct answer from the given options.

1. Part IX has been created after the passing of 73rd constitutional amendment.
2. Part IXA has been created with the passing of 74th constitutional amendment.
3. Part X has been created with the approval of 73rd constitutional amendment.
4. Part XA has been created with the approval of 74th constitutional amendment.

Exam Year(s)

HPPSC HPAS - 2021,

Answer: A

The correct statements are 1 and 2, so the answer is 1 and 2.

The 73rd Amendment (1992) added Part IX on the Panchayats, along with the Eleventh Schedule. The 74th Amendment added Part IXA on the Municipalities, along with the Twelfth Schedule.

Part X, on Scheduled and Tribal Areas, was part of the original Constitution and was not created by the 73rd Amendment, and there is no Part XA. The later Part IXB, on co-operative societies, came from the 97th Amendment. So statements 3 and 4 are wrong.

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7.

Match List I with List II and choose the correct answer from the given options.

List-I (Amendments)List-II (Issues)
A. First amendment1. Right to Education
B. Forty fourth amendment2. Reservation for EWS
C. Eighty sixth amendment3. Right to Property
D. One hundred and third amendment4. Nineth Schedule

Exam Year(s)

HPPSC HPAS - 2021,

Answer: B

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

  • First Amendment, 1951: added the Ninth Schedule to protect land reform laws from challenge.
  • Forty-fourth Amendment, 1978: removed the right to property from the fundamental rights and made it a legal right under Article 300A.
  • Eighty-sixth Amendment, 2002: inserted Article 21A, the right to education for children aged 6 to 14.
  • One Hundred and Third Amendment, 2019: allowed up to 10 percent reservation for EWS.

Each amendment has one well-known subject, so only one option fits all four.

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8.

Which one of the Article does not require a special majority of legislatures of not less than one half of the states by resolution to that effect passed by the those legislatures before the bill making provision for such amendment is presented to the President for assent ?

Exam Year(s)

Kerala PSC KAS - 2020,

Answer: B

The Article that does not need ratification is Article 169.

Under the proviso to Article 368(2), amendments touching Articles 54, 55, 73, 162 and 241, among other provisions, must be ratified by the legislatures of at least half the states. Article 55 (manner of election of the President), Article 73 (extent of the Union's executive power) and Article 241 (High Courts for Union Territories) are all on that list.

Article 169, on creating or abolishing a state's Legislative Council, is not. A Council is created or abolished by an ordinary law of Parliament after the state assembly asks for it, and such a law is expressly not treated as an amendment under Article 368.

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9.

Amendment to which of the following Parts/Chapters of the Constitution require ratification by more than one-half of the States ?

i) Part - III : Fundamental Rights
ii) Chapter - IV of Part - V : Union Judiciary
iii) Chapter - V of Part - VI : State Judiciary
iv) Chapter - VI of Part - VI : Subordinate courts

Select the correct answer using the code given below :

Exam Year(s)

Kerala PSC KAS - 2020,

Answer: C

Ratification is needed for only ii) and iii).

The proviso to Article 368(2) lists the matters whose amendment must be ratified by the legislatures of at least half the states. They include Chapter IV of Part V, the Union Judiciary, and Chapter V of Part VI, the High Courts in the states.

Part III, the fundamental rights, can be amended by a special majority of Parliament alone, as the many amendments to it show. Chapter VI of Part VI, on subordinate courts, is also outside the list. So options including i) or iv) are wrong.

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Answer: D

All three statements are true, so the answer is All the above.

Amending the Constitution is an exercise of constituent power, distinct from Parliament's ordinary law-making power. That power is found in Article 368, which the 24th Amendment (1971) made explicit. The same amendment added Article 13(4), which says nothing in Article 13 applies to an amendment made under Article 368. So an amendment is not 'law' that is void for abridging fundamental rights; it is reviewable only against the basic structure.

Because each statement is correct, no single statement is the complete answer.

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