Constitution Amendment

Total Questions: 50

11. Consider the following statements [I.A.S. (Pre) 2013]

1. An amendment to the Constitution of India can be initiated by introduction of a Bill in the Lok Sabha only.

2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislatures of all the States of India.

Which of the statements given above is/are correct?

(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (d) Neither 1 nor 2

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.

12. Which is unmatched in the context of Constitutional Amendment Procedure? [Chhattisgarh P.C.S. (Pre) 2017]

i. Extension of executive powers of Centre and State.

ii. Supreme and High Court.

iii. Election of President.

iv. Qualification of President.

V. Condition of the Office of the President.

vi. Tenure of President.

vii. Distribution of Legislative Power in Centre and State.

viii. States representation in Parliament.

(a) i ii iii
(b) ii iii iv
(c) iii iv v
(d) iv v vi
(e) vi vii viii

Correct Answer: (e) vi vii viii

Solution:Constitutional Amendment Procedure under Article 368 does not cover the Qualification of the President, Condition of the Office of the President and tenure of the President. All the remaning statements are c covered under the Constitutional Amendment Procedure.co

13. Which of the following Constitution Amendments was the first Constitution Amendment, which was ratified by the State Legislatures according to the requirements of the provision of the Article 368(2) of the Constitution? [M.P.P.C.S. (Pre) 2021]

(a) First Constitutional Amendment, 1951
(b) Second Constitutional Amendment, 1952
(c) Third Constitutional Amendment, 1954
(d) Fourth Constitutional Amendment, 1954

Correct Answer: (c) Third Constitutional Amendment, 1954

Solution:Third Constitutional Amendment, 1954 was the first constitutional amendment, which was ratified by the State Legislatures according the requirements of the provision of Article 368(2) of the Constitution. This amendment re- enacted entry 33 of the concurrent list in the Seventh Schedule of the constitution.

14. In the event of the Upper House rejecting a Constitutional Amendment Bill passed by the Lower House [U.P.P.C.S (Mains) 2004]

(a) The Bill will have to be dropped
(b) A joint sitting of the both Houses of Parliament may be convened to consider and pass the Bill
(c) The Bill shall be deemed to have been passed by both the Houses of the Parliament if the Lok Sabha passes it again by a two-third majority.
(d) The Bill shall be deemed to have been passed by both the Houses of the Parliament despite the disapproval of the Bill by the Upper House.

Correct Answer: (a) The Bill will have to be dropped

Solution:The Constitutional Amendment Bill should be passed by both the Houses of the Parliament with a special majority. In the event of the Upper House rejecting a Constitutional Amendment Bill passed by the Lower House, the Bill will have to be dropped because there is no provision for a joint sitting of both the Houses of Parliament to consider the proposals for constitutional amendment.

15. Consider the following statements: [I.A.S. (Pre) 2022]

1. A bill amending the Constitution requires a prior recommendation of the President of India.

2. When a Constitution Amendment bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.

3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer: (b) 2 and 3 only

Solution:Article 368(2) says that an amendment of constitution may be initiated in either house of parliament. When a constitution amendment bill is presented to the President of India, it is obligatory for the President of India to give his/her assent. A constitutional Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority, and there is no provision for joint sitting. Thus statements (2) and (3) are correct.

16. Consider the following statements regarding Constitutional Amendments: [R.A.S./R.T.S.(Pre) 2013]

(i) In Article 368, two methods of Constitutional Amendment are mentioned.

(ii) Constitutional Amendment Bill can be initiated only in Lok Sabha.

(iii) In case of any dispute between two Houses of Parliament on Constitutional Amendment Bill, Joint sitting of both Houses can be summoned.

(iv) The President can not veto a Constitutional Amendment Bill.

Which of the statements given above are correct?

(a) (i) and (ii) only be
(b) (i) and (iv) only
(c) (ii) and (iv) only
(d) (ii), (iii) and (iv) only

Correct Answer: (b) (i) and (iv) only

Solution:There are two methods of Constitutional Amendment mentioned in Article 368(2) of the Constitution-

(1) First, 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 a majority of the total membership of that House and by a majority of not less than two-thirds of members 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.

(2) The amendment shall also require ratification by the Legislatures 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 in the subject enumerated in Article 368 of the Constitution is presented to the President for his/her assent. Constitutional amendment Bill can be initiated in either House of the Parliament. There is no provision for joint sitting of both House in regard to a Constitutional Amendment Bill.

17. The President's power to veto a Bill for amendment of the Constitution has been taken away by substituting the word 'shall give his assent' by which amendment? [R.A.S./R.T.S. (Pre) (Re. Exam) 2013]

(a) 44th Amendment
(b) 23rd Amendment
(c) 24th Amendment
(d) 42nd Amendment

Correct Answer: (c) 24th Amendment

Solution:According to Article 74, the President shall act in accordance with the advice of the council of ministers. The president power to Veto a bill for amendment of the constitution was taken away by introducing the term 'shall give his assent' by the 24th constitutional amendment. It was made compulsory for the President to give his assent to the constitutional amendment bill. The 44th Amendment Act 1978 it was provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

18. Which of the following statement is correct regarding Article 368 of the Constitution of India? [M.P.P.C.S. (Pre) 2020]

(i) Article 368 was amended by the 24th Constitution Amendment Act, 1971.

(ii) Article 368 was amended by the 101st Constitution Amendment Act, 2016.

Codes:

M.P.P.C.S. (Pre) 2020

(a) (i) is true and (ii) is false
(b) (i) is false and (ii) is true
(c) Both (i) and (ii) are true
(d) Both (i) and (ii) are false

Correct Answer: (c) Both (i) and (ii) are true

Solution:Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may in 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 Article 368. 24th Constitution Amendment Act, 1971, amended two provisions of the Constitution-

1- Affirmed the Power of Parliament to amend any part of the Constitution including fundamental rights.

2- Made it compulsory for the President to give assent to a Constitutional Amendment Bill.

Article 368 was amended by the 101 Constitution Amendment Act, 2016, to paved the way for the introduction of the Goods and Service tax in the country. ? Hence both (i) and (ii) are true.

19. When was the first Bill for the amendment of the Indian Constitution presented? [38th B.P.S.C. (Pre) 1992]

(a) 1950
(b) 1951
(c) 1955
(d) 1958

Correct Answer: (b) 1951

Solution:The first amendment Bill to the Indian Constitution was presented in 1951 through which Articles 15, 19, 85, 87, 174, 176, 341, 342, 372, 376 were amended and two new Articles 31 A and 31B and 9ª Schedule were added to the Constitution.

20. The First Constitution Amendment Bill passed in 1951 was related to [U.P.P.C.S. (Mains) 2009]

(a) Security of the country
(b) Security of the Prime Minister
(c) Protection of agrarian reforms in certain States
(d) Scheduled castes and Scheduled tribes

Correct Answer: (c) Protection of agrarian reforms in certain States

Solution:The first Constitution Amendment 1951 added two new Articles 31A and 31B; and 9th Schedule to the Constitution for protection of agrarian reforms in certain States.

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