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Question 1 of 5
1. Question
2 points
Which of the following provisions of the Indian Constitution do notrequire a special majority of the Parliament for their amendment?
Directive Principles of State Policy
Privileges of the Parliament, its members and its committees
Fundamental Rights
Quorum in Parliament.
Abolition of legislative councils in states
Delimitation of constituencies
Select the correct answer using the codes given below:
Correct
Ans: D
Exp:
The provisions in the Constitution that can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368 are as follows:
Privileges of the Parliament, its members and its committees. Hence, Option 2 is correct.
Quorum in Parliament. Hence, Option 4 is correct.
Abolition of legislative councils in states. Hence, Option 5 is correct.
Delimitation of constituencies. Hence, Option 6 is correct.
Use of the English language in Parliament.
Number of puisne judges in the Supreme Court.
Conferment of more jurisdiction on the Supreme Court
Use of official language, etc.
Incorrect
Ans: D
Exp:
The provisions in the Constitution that can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368 are as follows:
Privileges of the Parliament, its members and its committees. Hence, Option 2 is correct.
Quorum in Parliament. Hence, Option 4 is correct.
Abolition of legislative councils in states. Hence, Option 5 is correct.
Delimitation of constituencies. Hence, Option 6 is correct.
Use of the English language in Parliament.
Number of puisne judges in the Supreme Court.
Conferment of more jurisdiction on the Supreme Court
Use of official language, etc.
Question 2 of 5
2. Question
2 points
In the context of the Basic Structure doctrine of the Indian Constitution, consider the following statements:
The Basic Structure doctrine is explicitly mentioned in the Indian Constitution.
The Basic Structure doctrine was established by the Indian Supreme Court in the case of Kesavananda Bharati v. State of Kerala.
The Basic Structure doctrine limits the Parliament’s power to amend certain core features of the Constitution.
Which of the statements given above are correct?
Correct
Ans: B
Exp:
Statement 1 is incorrect: The Basic Structure doctrine is not explicitly mentioned in the Indian Constitution but is a judicially evolved doctrine.
Statement 2 is correct: The Basic Structure doctrine was established by the Indian Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench.
Statement 3 is correct: Under Article 368, Parliament has the power to amend the Constitution. However, this amending power is not absolute. The Basic Structure doctrine restricts the Parliament’s power to amend certain core features of the Constitution.
Incorrect
Ans: B
Exp:
Statement 1 is incorrect: The Basic Structure doctrine is not explicitly mentioned in the Indian Constitution but is a judicially evolved doctrine.
Statement 2 is correct: The Basic Structure doctrine was established by the Indian Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench.
Statement 3 is correct: Under Article 368, Parliament has the power to amend the Constitution. However, this amending power is not absolute. The Basic Structure doctrine restricts the Parliament’s power to amend certain core features of the Constitution.
Question 3 of 5
3. Question
2 points
In the context of the evolution of the Basic Structure doctrine, consider the following events:
Golak Nath case
24th Amendment Act
Shankari Prasad case
Kesavananda Bharati case
Minerva Mills case
Which of the following represents the correct chronological order of the above events from past to present?
Correct
Ans: B
Exp:
The evolution of the Basic Structure Doctrine is as follows:
1st Amendment Act (1951): It curtailed the right to property, which was a Fundamental Right at the time.
Shankari Prasad case (1951): The Supreme Court upheld the power of Parliament to amend any part of the Constitution, including Fundamental Rights, through constitutional amendments.
Golak Nath case (1967): The Supreme Court held that Parliament can not amend the Fundamental Rights through constitutional amendments.
24th Amendment Act (1971): It restored Parliament’s power to amend any part of the Constitution, including Fundamental Rights, thus overturning the Supreme Court judgement in Golak Nath case
Kesavananda Bharati case (1973):Supreme Court upheld the Parliament’s power to amend any part of the Constitution including Fundamental Rights subject to certain “basic features” of the Constitution, which can not be amended.
42nd Amendment Act (1976): It amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground, including that of the contravention of any of the Fundamental Rights
Minerva Mills case (1980): The Supreme Court invalidated the above provision of the 42nd Amendment and held that judicial review is part of the ‘basic features’ of the Constitution.
Incorrect
Ans: B
Exp:
The evolution of the Basic Structure Doctrine is as follows:
1st Amendment Act (1951): It curtailed the right to property, which was a Fundamental Right at the time.
Shankari Prasad case (1951): The Supreme Court upheld the power of Parliament to amend any part of the Constitution, including Fundamental Rights, through constitutional amendments.
Golak Nath case (1967): The Supreme Court held that Parliament can not amend the Fundamental Rights through constitutional amendments.
24th Amendment Act (1971): It restored Parliament’s power to amend any part of the Constitution, including Fundamental Rights, thus overturning the Supreme Court judgement in Golak Nath case
Kesavananda Bharati case (1973):Supreme Court upheld the Parliament’s power to amend any part of the Constitution including Fundamental Rights subject to certain “basic features” of the Constitution, which can not be amended.
42nd Amendment Act (1976): It amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground, including that of the contravention of any of the Fundamental Rights
Minerva Mills case (1980): The Supreme Court invalidated the above provision of the 42nd Amendment and held that judicial review is part of the ‘basic features’ of the Constitution.
Question 4 of 5
4. Question
2 points
Which one of the following types of majority is required for the amendment of the constitutional provision related to the power of the Indian Parliament to amend the Constitution?
Correct
Ans: D
Exp:
The amendments to some provisions of the Constitution require a special majority of the Parliament along with the consent of half of the state legislatures by a simple majority. These provisions of the Constitution relate to the federal structure of the polity. The following are the provisions that require a special majority of the Parliament, along with the consent of half of the state legislatures by a simple majority:
Election of the President and its manner
Extent of the executive power of the Union and the states
Supreme Court and high courts.
Distribution of legislative powers between the Union and the states.
Goods and Services Tax Council
Any of the lists in the Seventh Schedule
Representation of states in Parliament
Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Incorrect
Ans: D
Exp:
The amendments to some provisions of the Constitution require a special majority of the Parliament along with the consent of half of the state legislatures by a simple majority. These provisions of the Constitution relate to the federal structure of the polity. The following are the provisions that require a special majority of the Parliament, along with the consent of half of the state legislatures by a simple majority:
Election of the President and its manner
Extent of the executive power of the Union and the states
Supreme Court and high courts.
Distribution of legislative powers between the Union and the states.
Goods and Services Tax Council
Any of the lists in the Seventh Schedule
Representation of states in Parliament
Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Question 5 of 5
5. Question
2 points
In the context of the provisions of the constitutional amendment in the Indian Parliament, consider the following statements:
The President can neither withhold his assent to the constitutional amendment bill nor return the bill for reconsideration by the Parliament.
There is no time limit within which the states should ratify the constitutional amendment bill.
A private member cannot introduce a constitutional amendment bill in the parliament.
Which of the statements given above are correct?
Correct
Ans: C
Exp:
Statement 1 is correct: The President must give his assent to the Constitutional amendment bill. He can neither withhold his assent to the bill nor return the bill for reconsideration by Parliament.
Statement 2 is correct: The provisions of the Constitution relating to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. The moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
Statement 3 is incorrect: The constitutional amendment bill can also be introduced by a private member of Parliament. A private member, in the context of the Indian Parliament, is a member of Parliament who is not a minister or a member of the cabinet.
Incorrect
Ans: C
Exp:
Statement 1 is correct: The President must give his assent to the Constitutional amendment bill. He can neither withhold his assent to the bill nor return the bill for reconsideration by Parliament.
Statement 2 is correct: The provisions of the Constitution relating to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. The moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
Statement 3 is incorrect: The constitutional amendment bill can also be introduced by a private member of Parliament. A private member, in the context of the Indian Parliament, is a member of Parliament who is not a minister or a member of the cabinet.
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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