Amendment of the Constitution and Basic Structure Questions and Answers

Q: Which of the following key amendment(s) of the Indian Constitution is/are correctly matched?1. Addition of new 'Directive Principles of State Policy' such as Art. 39A, 43A and 48A to the original list: 42nd Constitutional Amendment Act2. Special status to the Union Territory of Delhi and redesignation as the National Capital Territory of Delhi: 79th Constitutional Amendment Act3. Reservation of one-third of the seats in Lok Sabha and State Legislative Assemblies for women : 108th Constitutional Amendment Act

Only pair 1 is correctly matched.The 42nd Amendment (1976) added the Directive Principles in Article 39A (equal justice and free legal aid), Article 43A (workers' participation in management) and Article 48A (environment and forests).The special status of Delhi as the National Capital Territory came with the 69th Amendment (1991), not the 79th. One-third reservation for women in the Lok Sabha and state assemblies was enacted as the 106th Amendment (2023), the Nari Shakti Vandan Adhiniyam; the 108th Amendment Bill of 2008 lapsed.

Q: Which statement accurately describes the procedure for amending the Indian Constitution, as laid down in Article 368?

The accurate statement is that the President must give assent and can neither withhold it nor return the bill.Since the 24th Amendment (1971), Article 368(2) says that when a constitutional amendment bill is presented after passage, the President shall give his assent, so no veto or return for reconsideration applies.The others are wrong. An amendment bill may be introduced by a minister or a private member but needs no prior permission of the President. There is no joint sitting for a constitutional amendment; each House must pass it separately by a special majority. And amendments to federal provisions need ratification by at least half of the state legislatures, by a simple majority, not by all of them.

Q: Which of the Acts & Regulations cannot be declared unconstitutional by High Courts and Supreme Court?

The answer is Acts & Regulations enlisted in Schedule IX of the Constitution.Article 31B, inserted by the First Amendment in 1951, protects the Acts and Regulations specified in the Ninth Schedule from being declared void on the ground that they are inconsistent with or take away any fundamental right. That is the protection the question describes.The protection is now qualified: in I.R. Coelho v. State of Tamil Nadu (2007) the Supreme Court held that laws added to the Ninth Schedule after 24 April 1973 can still be tested against the basic structure. Schedule VII contains the legislative lists, not protected laws, and no general immunity attaches to laws about Scheduled Castes and Tribes or about Parliament.

Q: The Supreme Court of India ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule in the case of :

The case is I.R. Coelho v State of Tamil Nadu.In January 2007 a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973, the date of the Kesavananda Bharati judgment, are open to judicial review, and can be struck down if they violate the basic structure, including the rights in Articles 14, 19 and 21. So there is no blanket immunity under Article 31B.Maneka Gandhi (1978) concerned personal liberty and Article 21, ADM Jabalpur (1976) habeas corpus during the Emergency, and Kihoto Hollohan (1992) the anti-defection law.

Q: 24th Constitutional Amendment Act, 1971 inserted Art, 13(4) in the Indian Constitution to overrule the view taken by the Supreme Court of India in the case of :

The 24th Amendment overruled Golak Nath v. State of Punjab.In Golak Nath (1967) the Supreme Court held that Parliament could not amend the Constitution to take away or abridge fundamental rights, treating an amending Act as 'law' under Article 13. The 24th Amendment (1971) inserted Article 13(4), declaring that nothing in Article 13 applies to amendments under Article 368, and amended Article 368 to confirm Parliament's power.Sajjan Singh (1965) had upheld Parliament's power, and Kesavananda Bharati (1973) and Minerva Mills (1980) came after the amendment.

21.

Which of the following provisions can be amended by Simple Majority of the Parliament.

1. Establishment of new States
2. Delimitation of Constituencies
3. Fundamental Rights
4. Distribution of legislative powers between the Union and the States:

A.1 only
B.1 and 2 only
C.2 and 3 only
D.1, 2 and 4 only

Exam Year(s)

Punjab Civil Service - 2017,

Answer: B

Provisions 1 and 2 can be amended by a simple majority, so the answer is 1 and 2 only.

The admission or establishment of new States (Articles 2 to 4) and the delimitation of constituencies are among the matters Parliament changes by ordinary law, by a simple majority, outside the procedure of Article 368.

Fundamental Rights can be amended only by a special majority of Parliament under Article 368. The distribution of legislative powers between the Union and the States is a federal provision: it needs a special majority and ratification by half the State legislatures. That rules out the options that include 3 or 4.

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22.

Which of the following key amendment(s) of the Indian Constitution is/are correctly matched?

1. Addition of new 'Directive Principles of State Policy' such as Art. 39A, 43A and 48A to the original list: 42nd Constitutional Amendment Act
2. Special status to the Union Territory of Delhi and redesignation as the National Capital Territory of Delhi: 79th Constitutional Amendment Act
3. Reservation of one-third of the seats in Lok Sabha and State Legislative Assemblies for women : 108th Constitutional Amendment Act

A.1 only
B.2 and 3 only
C.1 and 2 only
D.1, 2 and 3

Exam Year(s)

Punjab Civil Service - 2024,

Answer: A

Only pair 1 is correctly matched.

The 42nd Amendment (1976) added the Directive Principles in Article 39A (equal justice and free legal aid), Article 43A (workers' participation in management) and Article 48A (environment and forests).

The special status of Delhi as the National Capital Territory came with the 69th Amendment (1991), not the 79th. One-third reservation for women in the Lok Sabha and state assemblies was enacted as the 106th Amendment (2023), the Nari Shakti Vandan Adhiniyam; the 108th Amendment Bill of 2008 lapsed.

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23.

Which statement accurately describes the procedure for amending the Indian Constitution, as laid down in Article 368?

A.The bill can be introduced either by a minister or by a private member, and it requires prior permission of the President.
B.Each House must pass the bill separately, and in case of a disagreement between the two Houses, a joint sitting is held for deliberation and passage of the bill.
C.If the bill seeks to amend the federal provisions of the Constitution, it must be ratified by the legislatures of all the states by a special majority.
D.The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

Exam Year(s)

Punjab Civil Service - 2024,

Answer: D

The accurate statement is that the President must give assent and can neither withhold it nor return the bill.

Since the 24th Amendment (1971), Article 368(2) says that when a constitutional amendment bill is presented after passage, the President shall give his assent, so no veto or return for reconsideration applies.

The others are wrong. An amendment bill may be introduced by a minister or a private member but needs no prior permission of the President. There is no joint sitting for a constitutional amendment; each House must pass it separately by a special majority. And amendments to federal provisions need ratification by at least half of the state legislatures, by a simple majority, not by all of them.

Discuss in Forum

24.

Which of the Acts & Regulations cannot be declared unconstitutional by High Courts and Supreme Court?

A.Acts & Regulations concerning persons from Scheduled Castes & Scheduled Tribes.
B.Acts & Regulations concerning Parliament & its members.
C.Acts & Regulations enlisted in Schedule VII of the Constitution.
D.Acts & Regulations enlisted in Schedule IX of the Constitution.

Exam Year(s)

Rajasthan High Court Civil Judge - 2019, Rajasthan Judicial Service - 2019,

Answer: D

The answer is Acts & Regulations enlisted in Schedule IX of the Constitution.

Article 31B, inserted by the First Amendment in 1951, protects the Acts and Regulations specified in the Ninth Schedule from being declared void on the ground that they are inconsistent with or take away any fundamental right. That is the protection the question describes.

The protection is now qualified: in I.R. Coelho v. State of Tamil Nadu (2007) the Supreme Court held that laws added to the Ninth Schedule after 24 April 1973 can still be tested against the basic structure. Schedule VII contains the legislative lists, not protected laws, and no general immunity attaches to laws about Scheduled Castes and Tribes or about Parliament.

Discuss in Forum

25.

The Supreme Court of India ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule in the case of :

A.Maneka Gandhi Vs Union of India
B.ADM Jabalpur Vs Shivkant Shukla
C.Kihoto Holohon Vs Zachilhu
D.I.R. Coelho Vs State of Tamil Nadu.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: D

The case is I.R. Coelho v State of Tamil Nadu.

In January 2007 a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973, the date of the Kesavananda Bharati judgment, are open to judicial review, and can be struck down if they violate the basic structure, including the rights in Articles 14, 19 and 21. So there is no blanket immunity under Article 31B.

Maneka Gandhi (1978) concerned personal liberty and Article 21, ADM Jabalpur (1976) habeas corpus during the Emergency, and Kihoto Hollohan (1992) the anti-defection law.

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26.

24th Constitutional Amendment Act, 1971 inserted Art, 13(4) in the Indian Constitution to overrule the view taken by the Supreme Court of India in the case of :

A.Sajjan Singh Vs. State of Rajasthan
B.Keshavand Bharati Vs. Union of India
C.Minerva Mills Vs. Union of India
D.Golak Nath Vs. State of Punjab

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: D

The 24th Amendment overruled Golak Nath v. State of Punjab.

In Golak Nath (1967) the Supreme Court held that Parliament could not amend the Constitution to take away or abridge fundamental rights, treating an amending Act as 'law' under Article 13. The 24th Amendment (1971) inserted Article 13(4), declaring that nothing in Article 13 applies to amendments under Article 368, and amended Article 368 to confirm Parliament's power.

Sajjan Singh (1965) had upheld Parliament's power, and Kesavananda Bharati (1973) and Minerva Mills (1980) came after the amendment.

Discuss in Forum

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