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Constitution Amendment (Part-II)

📆 October 24, 2024

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.

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).

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.

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.

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.
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