Laxmikanth Test: Amendment of the Constitution - UPSC MCQ

The primary body responsible for initiating a Constitution amendment in India is the Parliament. According to Article 368 of the Indian Constitution, amendments can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). The amendment bill can be initiated by any member of the Parliament, including a minister or private member, and it must be approved by a special procedure (requiring a two-thirds majority) in both Houses of Parliament.
Once passed, certain amendments may also require ratification by the State Legislatures (in case they affect federal provisions), but the initial process begins in Parliament.
Therefore,Correct Answer- Option D

•  All amendments to the Constitution are initiated only in the Parliament : Correct
   According to Article 368, amendments to the Indian Constitution can only be initiated in Parliament. It is not necessary to have the Constitution Commission involved in the amendment process.

• The Constitution Commission is required to amend the Constitution : Incorrect
  There is no requirement for a Constitution Commission to amend the Constitution. Article 368 allows Parliament to amend the Constitution, and the role of the Constitution Commission is not mandatory for such amendments.

• After the passage of the amendment bill in the Parliament and, in some cases, in State legislatures, the referendum is required for ratification of the amendment : Incorrect
  A referendum is not required for constitutional amendments in India. Amendments are ratified by the Parliament and, in some cases, the State Legislatures (for example, when amendments affect the federal structure of the country). There is no need for a referendum.

• Sovereignty of elected representatives is the basis of the amendment procedure : Correct
   The procedure for amending the Constitution is based on the sovereignty of the elected representatives in Parliament. The power to amend the Constitution lies with the elected legislature (Parliament), reflecting the sovereignty of the people through their representatives.
  Therefore,Correct Answer- Option A

• The states can initiate a constitutional amendment bill in the USA, unlike in India : Correct
  In the USA, the states can propose a constitutional amendment either through a constitutional convention (called by two-thirds of state legislatures) or by two-thirds of both houses of Congress. In contrast, in India, only Parliament can initiate a constitutional amendment; states have no role in initiating an amendment.

• The constitution does not provide a time limit for getting the required amendment cleared by the states in India : Correct
   Article 368 of the Indian Constitution specifies that amendments which require state ratification (such as those that affect the federal structure) must be ratified by the legislatures of at least half of the states. However, the Constitution does not provide a time limit for this ratification by the states.

Therefore,Correct Answer- Option C

• The Constitution can be amended by a simple majority for changes related to the quorum in Parliament and the salaries of its members : Correct. Amendments related to quorum in Parliament and salaries of its members can indeed be made by a simple majority in both Houses of Parliament. These are not considered major constitutional amendments that require a special majority or ratification by states.

• Amendments affecting the distribution of legislative powers between the Union and the states require ratification by state legislatures : Correct 
   Amendments affecting the distribution of powers between the Union and the states (such as changes in the federal structure) require ratification by the legislatures of at least half of the states as per Article 368.

• The abolition or creation of legislative councils in states requires a simple majority in Parliament : Incorrect
   According to Article 169, the abolition or creation of legislative councils in states requires a simple majority in Parliament, but it also requires a resolution by the state legislature. The process involves more than just a simple majority in Parliament; the state legislature must also pass a resolution to either create or abolish its legislative council.

Therefore,Correct Answer- Option B

 Statement-I :The amendment process is similar to the process of passing regular bills in Parliament, except for the requirement of a special majority.

• Correct. The process for amending the Constitution is largely similar to the process of passing regular bills in Parliament, with the key difference being the need for a special majority. This special majority is different from the simple majority required for regular bills, and in some cases, state ratification is also required.

Statement-II: The amendment process strikes a balance between flexibility and rigidity. It is not so flexible that it can be easily changed by the ruling parties, nor is it so rigid that it cannot adapt to changing needs.

• Correct. The amendment process is designed to be flexible enough to accommodate changes over time, but rigid enough to prevent arbitrary or frequent changes by the ruling party. This balance allows the Constitution to adapt to new circumstances while maintaining its core principles.

Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I. The two statements address different aspects of the amendment process. Statement-I discusses the procedural aspect, while Statement-II discusses the inherent balance in the amendment process.

Therefore,Correct Answer- Option B.

Statement-I correctly highlights the absence of a time frame for state consent in the Indian Constitution regarding amendments, indicating a crucial aspect of the amendment process. However, Statement-II is incorrect as it discusses the ease of amending the Constitution, which is not the focus of the first statement and can be misleading. While the Indian Constitution does provide a procedure for amendments, it is not necessarily facile in all respects, as indicated by the complexities and provisions discussed in the text.

• Legislative Powers - Consent required from more than half of the state legislatures :Correct
   Amendments that affect the distribution of legislative powers between the Union and the states, such as changes in the Seventh Schedule (which deals with the Union List, State List, and Concurrent List), require ratification by the legislatures of at least half of the states.

• Seventh Schedule Lists - Consent required from half of the state legislatures :Correct.
  Amendments related to the Seventh Schedule (which divides powers and responsibilities between the Union and the states) require ratification by the legislatures of at least half of the states.

• Representation of States in Parliament - Consent required from half of the state legislatures :Correct
   Any amendment affecting the representation of states in Parliament (for example, changing the allocation of seats in the Rajya Sabha or Lok Sabha) requires ratification by the legislatures of at least half of the states.

• Fundamental Rights - Consent required from all state legislatures :Incorrect
  Amendments to Fundamental Rights do not require ratification by all state legislatures. Only amendments that affect the federal structure (e.g., the distribution of legislative powers or the representation of states in Parliament) require state ratification. Fundamental Rights can be amended by Parliament with the required special majority, but no state ratification is necessary for these amendments.

Therefore,Correct Answer- Option C

• Article 368 of the Indian Constitution deals with the procedure for amending the Constitution :Correct
   Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. It specifies that amendments can be made by Parliament, with some requiring a special majority and, in certain cases, ratification by state legislatures.

• Amendments related to the federal structure require a special majority in Parliament and ratification by at least half of the state legislatures :Correct
  Amendments that affect the federal structure (such as changes to the distribution of powers between the Union and states or the representation of states in Parliament) require both a special majority in Parliament and ratification by at least half of the state legislatures.

• All amendments to the Constitution require the involvement of the state legislatures :Incorrect
  Not all amendments require the involvement of state legislatures. For example, amendments that do not affect the federal structure (such as those related to the structure of Parliament or the executive) only require a special majority in Parliament and do not need state ratification.

Therefore,Correct Answer- Option B

• Citizenship clauses :Correct
  Provisions related to citizenship (such as those in Article 11) can be amended by a simple majority in both Houses of Parliament, outside the scope of Article 368. This means changes to citizenship provisions do not require a special majority or state ratification.

• Abolition or creation of legislative councils in states : Correct
   According to Article 169, the abolition or creation of legislative councils in states requires only a simple majority in Parliament, after a resolution by the state legislature. This does not require the special amendment process outlined in Article 368.

• Election of the President and its manner :Incorrect
   The election of the President and its manner, as specified in Article 54 and 55, is part of the special amendment process under Article 368. Any changes to the election process of the President require a special majority in Parliament and, in some cases, state ratification.
  Therefore Correct Answer - Option A

1. A private member of the Parliament cannot introduce a constitutional amendment bill: This statement is incorrect. A private member (a Member of Parliament who is not a minister) can introduce a constitutional amendment bill.

2. The prior permission of the President is required for the introduction of every constitutional amendment bill: This statement is incorrect. The prior permission of the President is not required for the introduction of a constitutional amendment bill.

3. Special days are reserved for introducing constitutional amendment bills: This statement is incorrect. There are no special days reserved specifically for introducing constitutional amendment bills; they can be introduced on any working day of the Parliament.

Given the above analysis, none of the statements are correct.

So, the correct answer is: None of the above

• A constitutional amendment bill requires the prior permission of the President :Incorrect
  The Indian Constitution does not require the prior permission of the President for introducing a constitutional amendment bill. The President’s role is limited to giving assent after the bill is passed by both Houses of Parliament. Therefore, this statement is incorrect.

• It can only be introduced in the Lok Sabha first as it is the house of the people from which the Constitution derives its authority : Incorrect
  A constitutional amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). There is no specific requirement for it to be introduced first in the Lok Sabha. 
  Therefore,Correct Answer- Option D

• A constitutional amendment bill requires the prior permission of the President : Correct 
  According to Article 368 of the Indian Constitution, the President cannot send a constitutional amendment bill back for reconsideration to Parliament. Once the bill is passed by both Houses of Parliament, it is presented to the President for assent. The President's role is limited to giving assent or withholding it, and there is no provision to send it back for reconsideration.

• Elected representatives alone have the power to amend the Constitution :Correct
   Only elected representatives in Parliament can amend the Constitution, as per Article 368. While the President must give assent to the bill, the actual process of initiating and passing the amendment lies solely with Parliament.

• The judiciary cannot initiate the process of Constitutional Amendment but can effectively change the Constitution by interpreting it differently :Correct
  The judiciary cannot initiate constitutional amendments, but it can change the Constitution's interpretation through its judgments. This is evident from landmark cases like the Kesavananda Bharati case, where the Basic Structure Doctrine was established, effectively limiting Parliament’s power to amend the Constitution.

• The Parliament can amend any section of the Constitution :Incorrect
  While Parliament has extensive powers to amend the Constitution, it cannot amend the basic structure of the Constitution, as established in the Kesavananda Bharati case. The Supreme Court ruled that the basic structure of the Constitution is unamendable.

Therefore,Correct Answer- Option C

1. Election of the President - Consent required from all states :Incorrect.
The amendment related to the Election of the President falls under the provisions requiring a special majority in Parliament and ratification by half of the state legislatures, not all states.

2. Executive Power - Consent required from half of the state legislatures :Incorrect.
Amendments involving the distribution of executive powers between the Union and the states require a special majority in Parliament and ratification by half of the state legislatures, but not all executive power provisions require such consent.

3. Supreme Court and High Courts - Consent required from half of the state legislatures :Correct.
Any amendment affecting the powers and jurisdiction of the Supreme Court and High Courts requires a special majority in Parliament and ratification by half of the state legislatures.

4. Goods and Services Tax (GST) Council - Consent required from all states :Incorrect.
The GST Council is governed by Article 279A, and amendments relating to it require a special majority in Parliament and ratification by half of the state legislatures, not all states.
Therefore,Correct Answer- Option B

Statement-I correctly points out the lack of clarity in the details of the amendment procedure, highlighting the potential for legal interpretation and disputes that may necessitate judicial intervention. Statement-II further explains the complexities of the Indian amendment process, indicating that despite the ambiguities, it effectively balances stability with adaptability, ensuring necessary changes can be made without being excessively rigid or flexible.

1. Correct. Amendments to the Directive Principles of State Policy require a special majority in Parliament only and do not require the consent of states. 

2. Correct. Amendments affecting the election of the President fall under the provisions requiring a special majority in Parliament and ratification by at least half of the state legislatures.

3. Incorrect. Parliament can either abolish an existing Legislative Council or create one in a state by a simple majority, meaning a majority of members present and voting in each House. This can only be done if the state's legislative assembly first passes a resolution with a special majority supporting the change.

4. Incorrect. Parliament’s power to amend the Constitution requires a special majority in Parliament, but not necessarily consent from states, except for specific federal provisions.

Therefore,Correct Answer- Option B