Constitution Amendment (Indian Polity and Governance) Part-II

Total Questions: 32

21. In which case(s) did the Supreme Court of India give for the first time the doctrine of 'basic structure' of the Constitution? [69th B.P.S.C. (Pre) 2023]

Correct Answer: (b) Kesavananda Bharati vs. State of Kerala
Solution:The Supreme Court of India examined the concept of the "Basic structure" of the constitution for the first time in Kesavananda Bharti v. State of Kerala in 1973. Significantly, the Supreme Court reversed its decision in the Golak Nath case in this instance. It declared that Parliament has the authority to restrict or eliminate any of the Fundamental Rights and confirmed the legality of the 24th Constitution Amendment Act. It also established a new theory regarding the "basic structure" or "basic features" of the Constitution. It decided that Parliament could not change the "basic structure" of the Constitution using its constituent power under Article 368. This implies that a Fundamental Right that is a component of the Constitution's "basic structure" cannot be restricted or eliminated by the Parliament.

22. The concept of 'Basic Structure of the Constitution' was propounded by the Supreme Court in the case of [U.P.P.C.S. (Pre) 2022]

Correct Answer: (c) Keshvanand Bharti vs State of Kerala - 1973
Solution:The Supreme Court of India examined the concept of the "Basic structure" of the constitution for the first time in Kesavananda Bharti v. State of Kerala in 1973. Significantly, the Supreme Court reversed its decision in the Golak Nath case in this instance. It declared that Parliament has the authority to restrict or eliminate any of the Fundamental Rights and confirmed the legality of the 24th Constitution Amendment Act. It also established a new theory regarding the "basic structure" or "basic features" of the Constitution. It decided that Parliament could not change the "basic structure" of the Constitution using its constituent power under Article 368. This implies that a Fundamental Right that is a component of the Constitution's "basic structure" cannot be restricted or eliminated by the Parliament.

23. The Supreme Court of India enunciated the doctrine of 'Basic Structure of the Constitution' in [U.P.P.C.S. (Pre) 2016, U.P.P.C.S. (Pre) 2020]

Correct Answer: (d) The Keshavananda Bharati case in 1973
Solution:The Supreme Court of India examined the concept of the "Basic structure" of the constitution for the first time in Kesavananda Bharti v. State of Kerala in 1973. Significantly, the Supreme Court reversed its decision in the Golak Nath case in this instance. It declared that Parliament has the authority to restrict or eliminate any of the Fundamental Rights and confirmed the legality of the 24th Constitution Amendment Act. It also established a new theory regarding the "basic structure" or "basic features" of the Constitution. It decided that Parliament could not change the "basic structure" of the Constitution using its constituent power under Article 368. This implies that a Fundamental Right that is a component of the Constitution's "basic structure" cannot be restricted or eliminated by the Parliament.

24. In India, who is competent to amend Fundamental Rights of the citizens? [U.P.P.C.S. (Pre) 2016]

Correct Answer: (c) Parliament
Solution:The Supreme Court of India examined the concept of the "Basic structure" of the constitution for the first time in Kesavananda Bharti v. State of Kerala in 1973. Significantly, the Supreme Court reversed its decision in the Golak Nath case in this instance. It declared that Parliament has the authority to restrict or eliminate any of the Fundamental Rights and confirmed the legality of the 24th Constitution Amendment Act. It also established a new theory regarding the "basic structure" or "basic features" of the Constitution. It decided that Parliament could not change the "basic structure" of the Constitution using its constituent power under Article 368. This implies that a Fundamental Right that is a component of the Constitution's "basic structure" cannot be restricted or eliminated by the Parliament.

25. The basic structure theory of the Constitution of India implies that - [I.A.S. (Pre) 1994]

Correct Answer: (a) Certain features of the Constitution are so essential to it that they cannot be abrogated.
Solution:The basic structure theory of the Constitution of India implies that certain features of the Constitution are so essential to it that they cannot be abrogated. The Supreme Court made it clear in its judgment in the case of Keshavananda Bharati Vs State of Kerala, 1973 that there are certain basic features of the Constitution which cannot be amended in any case.
  • The Doctrine of Basic Structure of the Constitution is not expressly provided for in the Constitution.
    ∗ It is, actually, a judicial doctrine, which has evolved through a series of judgments of the Supreme Court on cases related to the amending power of the Parliament.
  • The debate regarding the scope of the power of the Parliament to amend the Constitution under Article 368 started way back in 1951.
    ∗ This issue initiated a tussle between the Legislature and the Judiciary, which ultimately culminated in the evolution of the doctrine of the Basic Structure of the Constitution.

26. Which Amendment of the Constitution provides that no law passed to give effect to Directive Principles of State Policy contained in Articles 39(b) & (c) shall be deemed to be void on the ground that it abridges the rights conferred by Articles 14 and 19 ? [U.P.P.C.S. (Mains) 2009]

Correct Answer: (a) 25th Amendment
Solution:25th Amendment of the Constitution, 1971 provided that no law passed to give effect to Directive Principles of State Policy contained in Articles 39(b) and (c) shall be void on the ground that it abridges the rights conferred by Articles 14, 19 or 31 (Article 31- was repealed by 44 Amendments Act-1978).
  • The amendment specifically mentioned the "Bank Nationalisation Case", in which the SC stopped the Centre from acquiring control of 14 commercial banks by enacting the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969.
  • In this case, the court held that the 'right to compensation' was not appropriately ensured by the Banking Act.
  • The 25th Amendment sought to surmount the difficulties placed in the way of giving effect to the Directive Principles of State Policy. One of the means employed to do so was the introduction of Article 31C

27. Consider the following statements: [R.A.S./R.T.S. (Pre) 2013]

I. Through 44ª Constitutional Amendment, 1978 all the Directive Principles of State Policy have been given preference over Fundamental Rights mentioned in Articles 14 and 19.

II. Supreme Court has laid down in its verdict in Minerva Mills Case, 1980 that the preference given only to Directive Principles of State Policy mentioned in Article 39(b) and 39(c) over Fundamental Rights mentioned in Articles 14 and 19 is Constitutional.

Correct Answer: (c) Only II is correct.
Solution:Directive Principles of State Policy were given preference over Fundamental rights mentioned in Article14, 19 and 31 through 42nd Constitutional Amendment Act, 1976. Although the Supreme Court in it's verdict in Minerva Mills case termed it unconstitutional, nevertheless it held that fundamental rights mentioned in Articles 14 and 19 have been subjected to Directive Principles enshrined in Articles 39(b) and 39(c).

28. Sikkim became a new State by - [U.P. U.D.A./L.D.A. (Pre) 2006]

Correct Answer: (d) 36th Amendment of the Constitution
Solution:Sikkim was included as a full-fledged state (22nd) in the first schedule to the Constitution of India by 36th Constitutional Amendment. 35th constitutional amendment sought to provide for the terms and conditions of association of Sikkim with the Union.

Brief history of Sikkim:

  • In the 17th century, the Namgyal dynasty formed the Kingdom of Sikkim. The kingdom was made a protectorate of the British Empire in 1890 but the dynasty continued to function under the Chogyal (Buddhist priest-kings).
  • After India's independence, Prime Minister Jawaharlal Nehru agreed to continue the kingdom's unique protectorate status. India oversaw Sikkim's external relations, defence, diplomacy, and communications but otherwise preserved its administrative independence.
  • In order to enable constitutional rule under the Namgyal rule, a state council was established in 1953. After around two decades a people's agitation against the monarchy in 1973 was led by former Sikkim Council member Kazi Lhendup Dorji.
  • After riots broke out in front of the Chogyal's palace in 1973, the Chogyal formally requested security from India and this led to the kingdom signing a contract with India.
  • In 1974 a new constitution was adopted in the state, which restricted Chogyal to a titular post. In 1974, The Indian government changed Sikkim's status to "associated state" and gave it one seat each in the Rajya Sabha and Lok Sabha.
  • In 1975, The Sikkim Prime Minister requested that Sikkim become a state of India in a petition to the Indian Parliament thus Sikkim became a state in India, and the monarchy was abolished on May 16.

29. Which of the following statements about Sikkim are true? Select the correct answer from the code given below - [U.P. Lower Sub. (Spl) (Pre) 2004]

I. It became an integral part of India in 1975.

II. It is considered as a botanist's paradise.

III. Its population is mainly made up of the Lepchas.

 

Correct Answer: (d) I, II and III
Solution:By 36th Amendment of the Constitution, 1975, Sikkim became an integral part of India. This region is blessed with biodiversity and considered as the Paradise of Botanists because it comes under the Himalayan hotspot. Natives of this region are Lepchas, Bhutias, and the Nepalis.

Brief history of Sikkim:

  • In the 17th century, the Namgyal dynasty formed the Kingdom of Sikkim. The kingdom was made a protectorate of the British Empire in 1890 but the dynasty continued to function under the Chogyal (Buddhist priest-kings).
  • After India's independence, Prime Minister Jawaharlal Nehru agreed to continue the kingdom's unique protectorate status. India oversaw Sikkim's external relations, defence, diplomacy, and communications but otherwise preserved its administrative independence.
  • In order to enable constitutional rule under the Namgyal rule, a state council was established in 1953. After around two decades a people's agitation against the monarchy in 1973 was led by former Sikkim Council member Kazi Lhendup Dorji.
  • After riots broke out in front of the Chogyal's palace in 1973, the Chogyal formally requested security from India and this led to the kingdom signing a contract with India.
  • In 1974 a new constitution was adopted in the state, which restricted Chogyal to a titular post. In 1974, The Indian government changed Sikkim's status to "associated state" and gave it one seat each in the Rajya Sabha and Lok Sabha.
  • In 1975, The Sikkim Prime Minister requested that Sikkim become a state of India in a petition to the Indian Parliament thus Sikkim became a state in India, and the monarchy was abolished on May 16.

30. Mizoram has been granted the status of a State by which of the following Constitutional Amendment? [R.A.S./R.T.S. (Pre) (Re. Exam) 2013]

Correct Answer: (a) 53rd
Solution:A Memorandum of Settlement on Mizoram was signed by the Government of India and the Government of Mizoram on 30th June, 1986. Mizoram was granted the status of a State by 53rd Amendment Act, and formation of Mizoram took place on 20 February, 1987.

Mizoram Foundation Day marks the state's journey from a Union Territory to a full-fledged state, reflecting its cultural identity, political evolution, and aspirations for progress. Below mentioned is the Mizoram Foundation Day 2025 History:

1946: Formation of the Mizo Common People's Union (later renamed Mizo Union), marking the beginning of political awareness in the region.
1959-1960: The devastating Mautam Famine led to the rise of the Mizo National Famine Front (MNFF), which later evolved into the Mizo National Front (MNF).
1961: The MNF was formally established, demanding sovereignty for Mizoram. This resulted in armed conflict and disturbances in 1966.
1972: Mizoram was granted Union Territory status under the North-Eastern Areas (Reorganisation) Act, 1971, providing limited self-rule.
1986: The Mizoram Accord was signed between the Government of India and the MNF, leading to peace and paving the way for statehood.
1987: On February 20, Mizoram officially became the 23rd state of India after the MNF surrendered arms and committed to peaceful governance.