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Constitution Amendment

📆 October 24, 2024

Total Questions: 50

31. Consider the following statements regarding the 42nd Amendment to the Constitution of India: [69th B.P.S.C. (Pre) 2023]

1. It added three words to the Preamble 'Socialist', 'Secular' and 'Integrity'.

2. It added eight Fundamental Duties to the Constitution.

3. It added new Directive Principles, i.e., Article 39A, Article 43A and Article 47.

4. It granted power to the President, in consultation with the Election Commission, to disqualify members of the State Legislatures.

Which of the above statements are incorrect?

Correct Answer: (c) 2 and 3
Solution:The 42nd Constitutional amendment act of 1976 is popularly known as "mini constitution". This amendment amended the Preamble to the Constitution, 40 Articles and the seventh schedule, and added 14 new Articles and two new parts to the Constitution. Significantly, it added 10 Fundamental Duties to the Constitution in Part 4A on the recommendations of Swaran Singh Committee. It also added three new words (i.e. socialist, secular and integrity) in the Preamble.

32. Which of the following Constitutional Amendment is related to the Fundamental Duties? [U.P. Lower Sub. (Pre) 2003]

Correct Answer: (a) 42nd
Solution:The fundamental duties of citizens were added to the Constitution by the 42 Amendment in 1976 on the recommendation of Swaran Singh committee. It has been mentioned under Part IV-A, Article 51(A) of the Indian Constitution. Earlier, the total number of fundamental duties were 10, at present, it is 11. Provisons relating to fundamental duties has been derived from the Constitution of the Soviet Union.

33. What is not true about the 44th Constitutional Amendment? [Chhattisgarh P.C.S. (Pre) 2021]

Correct Answer: (e) Both c and d
Solution:The 44th Constitutional Amendment Act, 1978 was brought in by Janata Party Government. The amendment aimed to undo several changes that have been made by the 42nd Amendment. As per 42nd Amendment, Article 74 was amended, and it was explicitly stipulated that "the President shall act in accordance with advice of council of ministers. Thus through, this amendment (42 CAA) it was made clear in constitution that president cannot act against the advice of the council of ministers. Through 44th Constitutional Amendment, President can return only once the advice of council of Ministers for reconsideration. Thus both option (c) and (d) is wrong.

34. Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers? [I.A.S. (Pre) 2002]

Correct Answer: (d) 44th
Solution:The 44th Constitutional Amendment Act, 1978 was brought in by Janata Party Government. The amendment aimed to undo several changes that have been made by the 42nd Amendment. As per 42nd Amendment, Article 74 was amended, and it was explicitly stipulated that "the President shall act in accordance with advice of council of ministers. Thus through, this amendment (42 CAA) it was made clear in constitution that president cannot act against the advice of the council of ministers. Through 44th Constitutional Amendment, President can return only once the advice of council of Ministers for reconsideration. Thus both option (c) and (d) is wrong.

35. Consider the following statements: [I.A.S. (Pre) 2019]

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

 

Correct Answer: (b) 2 only
Solution:In 1975, Parliament passed the 39th amendment to the constitution which removed the authority of Supreme Court to adjudicate petitions regarding elections of the president, vice president, Prime Minister and Speaker of Lok Sabha. This amendment was nullified by 44th Constitutional Amendment Act, 1978. Hence Statement 1 is wrong.

The Supreme Court of India struck down the 99th amendment to the constitution (2014). This amendment created a body named NJAC- National judicial appointment committee. S.C. struck down NJAC as it impinges upon the principles of 'independence of judiciary" as well as "separation of powers".

36. Which Constitutional Amendment Act dealing with National Judicial Appointments Commission, was declared unconstitutional by the Constitution Bench of the Supreme Court? [R.A.S./R.T.S. (Pre) 2021]

Correct Answer: (c) 99th Constitutional Amendment Act
Solution:The Ninety-ninth Amendment of the Constitution of India, officially known as The Constitution (Ninety- ninth Amendment) Act, 2014, formed a National Judicial Appointments Commission. On October 15,2015, a 10 constitutional bench comprising five judges declared the National Judicial Appointments Commission (NJAC) act unconstitutional on the plea that it would affect the independence of the judiciary. Hence option (3) is correct.

37. Which of the following has banned floor crossing by the member elected on a party ticket to the legislature? [U.P.P.C.S. (Pre) 1992, 1996]

Correct Answer: (a) 52nd Constitutional Amendment Act
Solution:Anti-Defection Law was introduced by 52nd Constitution Amendment Act, 1985, by adding 10th Schedule in the Constitution of India. It was further amended by 91st Constitutional Amendment Act, 2003.

38. Which one of the following Constitutional Amendments introduced the anti-defection provision in the Constitution for the first time? [U.P.P.C.S. (Mains) 2008 M.P.P.C.S. (Pre) 2015]

Correct Answer: (c) 52nd Amendment
Solution:Anti-Defection Law was introduced by 52nd Constitution Amendment Act, 1985, by adding 10th Schedule in the Constitution of India. It was further amended by 91st Constitutional Amendment Act, 2003.

39. 52nd Constitution Amendment is related to- [U.P. U.D.A./L.D.A. (Pre) 2006]

Correct Answer: (a) Defection
Solution:Anti-Defection Law was introduced by 52nd Constitution Amendment Act, 1985, by adding 10th Schedule in the Constitution of India. It was further amended by 91st Constitutional Amendment Act, 2003.

40. In which Amendment was the evil of defections from the political parties in India enacted? [Jharkhand P.C.S. (Pre) 2016]

Correct Answer: (a) 52nd Amendment
Solution:Anti-Defection Law was introduced by 52nd Constitution Amendment Act, 1985, by adding 10th Schedule in the Constitution of India. It was further amended by 91st Constitutional Amendment Act, 2003.
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