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Constitution Amendment

📆 October 24, 2024

Total Questions: 50

1. Assertion (A): Under Article 368, the Parliament can amend any part of the Constitution. [U.P.P.C.S. (Pre) 2015]

Reason (R): The Parliament is the Supreme Legislative body elected by the People of India.

Code:

 

Correct Answer: (a) Both (A) and (R) are correct, and (R) is the correct explanation of (A).
Solution:Article 368 of the Constitution of India, deals with the power of Parliament to amend the Constitution. Therefore, it says that notwithstanding anything in this Constitution, Parliament may in the exercise of its constituent power amend by way of addition, variation or repeal, any provision of this Constitution in accordance with the procedure laid down in this Article. However, the Parliament cannot amend those provisions that form the 'basic structure' of the Constitution. This was ruled by the Supreme Court in the Kesvananda Bharati Case (1973). The Parliament is the supreme Legislative Body elected by the People of India. Therefore, Parliament has the authority to amend the Constitution. Thus, both assertion (A) and Reason (R) are individually correct and (R) is the correct explanation of (A).

2. Which one of the following Bills must be passed by each House of the Indian Parliament separately by the special majority? [U.P.P.C.S. (Mains) 2007, I.A.S. (Pre) 2003]

Correct Answer: (d) Constitution Amendment Bill
Solution:The power and procedure of Parliament to amend the Constitution is laid down in Article 368 of the Constitution. According to Article 368, an amendment to the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by 2/3rd majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill, and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.

3. The Indian Constitution can be amended under the provisions of [U.P.P.C.S. (Mains) 2008]

Correct Answer: (a) Article 368
Solution:The power and procedure of Parliament to amend the Constitution is laid down in Article 368 of the Constitution. According to Article 368, an amendment to the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by 2/3rd majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill, and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.

4. Which Article of the Constitution of India lays down the procedure for the amendment of the Constitution? [U.P.P.S.C. (GIC) 2010]

Correct Answer: (c) 368
Solution:The power and procedure of Parliament to amend the Constitution is laid down in Article 368 of the Constitution. According to Article 368, an amendment to the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by 2/3rd majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill, and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.

5. Amendments to the Constitution may be initiated- [U.P.U.D.A./L.D.A. (Pre) 2013]

Correct Answer: (d) Either House of the Parliament
Solution:In India, the amendment to the Constitution can be initiated in either House of the Parliament. It has been laid down under Article 368(2) of the Constitution, but the process requires a special majority of members of both the Houses. In the case of voting, it will be mandatory for the approval of the amendment to be passed by a majority of total membership of that House and a majority of not less than 2/3 of the members present and voting. In India, the process of constitutional amendment is taken from the constitution of South Africa.

6. A bill for the amendment in Indian Constitution can be presented - [38th B.P.S.C. (Pre) 1992]

Correct Answer: (c) Either in Lok Sabha or Rajya Sabha
Solution:In India, the amendment to the Constitution can be initiated in either House of the Parliament. It has been laid down under Article 368(2) of the Constitution, but the process requires a special majority of members of both the Houses. In the case of voting, it will be mandatory for the approval of the amendment to be passed by a majority of total membership of that House and a majority of not less than 2/3 of the members present and voting. In India, the process of constitutional amendment is taken from the constitution of South Africa.

7. An amendment to the Constitution of India can be initiated by the: [I.A.S. (Pre) 1999]

1. Lok Sabha

2. Rajya Sabha

3. State Legislatures

4. President Select the correct answer using the codes given below:

Correct Answer: (d) 1 and 2
Solution:In India, the amendment to the Constitution can be initiated in either House of the Parliament. It has been laid down under Article 368(2) of the Constitution, but the process requires a special majority of members of both the Houses. In the case of voting, it will be mandatory for the approval of the amendment to be passed by a majority of total membership of that House and a majority of not less than 2/3 of the members present and voting. In India, the process of constitutional amendment is taken from the constitution of South Africa.

8. Under the provisions of the Article 368(2) of the Constitution of India, If a bill comes to Rajasthan Legislative Assembly after passing by parliament of India for resolution to rectify, then [R.A.S./R.T.S. (Pre) 2018]

(A) Resolution can be passed by Assembly.

(B) Resolution can be rejected by Assembly.

(C) No Amendment shall be proposed to such a resolation

Select the correct answer using code given below :

Code -

Correct Answer: (d) (A), (B) and (C)
Solution:Article 368(2) of Indian Constitution defines-

An amendment of this Costitution may be initiated only by the introudcution of a Bill for the purpose in either House of parliament, and when the bill is passed in each house by a majority of the total membership of that house present and voting, it shall be presented to the President who shall give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the Bill; Provided that if such amendment seeks to make any change in

(a) Article 54, Article 55, Article 73, Article 162 or Article 214, ог

(b) Chapter IV of part V, Chapter V of part VI, or Chapter I of part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of states in Parliment, or

(e) the provisions of this article, the amendment shall also require to be ratified by the legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent. In any state assembly, including Rajasthan, a resolution can be passed or rejected by the state assembly, but no amendment shall be proposed to such a resolution.

9. According to the Indian Constitution, the Constitutional amendment of the following topics requires consent of at least half of State legislatures- [U.P.P.C.S. Lower (Pre) 2004]

1. Federal provision of the Constitution

2. Rights of the Supreme Court

3. The process of Constitutional Amendment

4. Formation of new States or transformation in the borders and names of the states

Code:

Correct Answer: (a) 1, 2, 3
Solution:The Constitution of India is flexible and versatile. It can be amended by the procedure laid down in Article 368 of the Constitution. An Amendment to the Constitution of India can be initiated by an introduction of a Bill in either House of Parliament. The Constitution can be amended in three different ways.

1. By simple majority- There are some categories of an amendment like the creation of new States, creation or abolition of the second chamber of the States, changes in the citizenship, etc., which require only a simple majority in both the Houses of the Parliament. In this case, the amendment of the Constitution is made in a flexible manner.

2. By special majority- There are certain other provisions of the Constitution which require a majority of the total membership in each House of the Parliament and a majority of not less than two-thirds of the members present and voting. The bulk of the Constitution can be amended in this way.

3. By special majority and approval of the States- There are certain Articles of the Constitution like those related to Presidential powers and mode of election, the extent of the Executive and Legislative Powers of the Union or the States, the provision regarding the Supreme Court and the High Court, the representation of States in Parliament, the procedure of Constitutional amendment, and any of the lists in the 7th Schedule etc, which require special majority and approval of at least half of the States.

10. Which of the following are the matters on which a constitutional amendment is possible only with the ratification of the legislatures of not less than one-half of the states? [I.A.S. (Pre) 1995]

1. Election of the President

2. Representation of the States in Parliament

3. Any of the Lists in the 7th Schedule

4. Abolition of the Legislature Council of a State

Code:

Correct Answer: (a) 1, 2 and 3
Solution:The Constitution of India is flexible and versatile. It can be amended by the procedure laid down in Article 368 of the Constitution. An Amendment to the Constitution of India can be initiated by an introduction of a Bill in either House of Parliament. The Constitution can be amended in three different ways.

1. By simple majority- There are some categories of an amendment like the creation of new States, creation or abolition of the second chamber of the States, changes in the citizenship, etc., which require only a simple majority in both the Houses of the Parliament. In this case, the amendment of the Constitution is made in a flexible manner.

2. By special majority- There are certain other provisions of the Constitution which require a majority of the total membership in each House of the Parliament and a majority of not less than two-thirds of the members present and voting. The bulk of the Constitution can be amended in this way.

3. By special majority and approval of the States- There are certain Articles of the Constitution like those related to Presidential powers and mode of election, the extent of the Executive and Legislative Powers of the Union or the States, the provision regarding the Supreme Court and the High Court, the representation of States in Parliament, the procedure of Constitutional amendment, and any of the lists in the 7th Schedule etc, which require special majority and approval of at least half of the States.

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