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Laxmikanth Test: Amendment of the Constitution - UPSC MCQ


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15 Questions MCQ Test Indian Polity for UPSC CSE - Laxmikanth Test: Amendment of the Constitution

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Laxmikanth Test: Amendment of the Constitution - Question 1

What is the primary body responsible for initiating a Constitution amendment in India?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 1

In India, only Parliament can initiate a Constitution amendment. This process begins with a bill introduced in either House of Parliament, showing the exclusive role of Parliament in the amendment process.

Laxmikanth Test: Amendment of the Constitution - Question 2

Article 368 provides for the procedure for amendment of the Constitution. About amendment, consider the following: 

1. All amendments to the Constitution are initiated only in the Parliament.

2. The Constitution Commission is required to amend the Constitution. 

3. 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.

4. Sovereignty of elected representatives is the basis of the amendment procedure.

Q. Which of the above statements is/are correct? 

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 2

There are two methods of amending the Constitution and they apply to two different sets of articles of the Constitution:

  1. A special majority can amend the two houses of the Parliament.
  2. It requires a special majority of the Parliament and consent of half of the State legislatures. This method is more difficult.


Additional Information

  • Special Majority according to Article 249.
  • This refers to a two-thirds majority of those present and voting. This is used to approve a Rajya Sabha resolution authorizing the Parliament to make State List laws.
  • Special Majority according to Article 368.
  • This refers to a vote backed by more than half of the House's total strength and a majority of 2/3rd of the members present and voting. The majority of Constitution Amendment Bills are written in this format.
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Laxmikanth Test: Amendment of the Constitution - Question 3

Consider the following statements about the position of states concerning constitutional amendments: 

1. The states can initiate a constitutional amendment bill in the USA, unlike in India. 

2. The constitution does not provide a time limit for getting the required amendment cleared by the states in India.

Q. Which of the above statements is/are correct? 

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 3

The USA is a truly federal nation, gives power to its states to initiate amendments to the constitution. It is not the case in India, which is a quasi-federal nation.

Additional information
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

Laxmikanth Test: Amendment of the Constitution - Question 4

Consider the following statements:

1. The Constitution can be amended by a simple majority for changes related to the quorum in Parliament and the salaries of its members.  

2. Amendments affecting the distribution of legislative powers between the Union and the states require ratification by state legislatures.

3. The abolition or creation of legislative councils in states requires a special majority in Parliament.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 4


- Statement 1: The Constitution can be amended by a simple majority for changes related to the quorum in Parliament and the salaries of its members.
- This statement is correct. According to Article 368 of the Indian Constitution, certain provisions can be amended by a simple majority of the members present and voting in each house of Parliament. Changes related to the quorum in Parliament and the salaries of its members fall under this category.

- Statement 2: Amendments affecting the distribution of legislative powers between the Union and the states require ratification by state legislatures.
- This statement is also correct. Any amendment that affects the distribution of legislative powers between the Union and the states requires ratification by at least half of the state legislatures.

- Statement 3: The abolition or creation of legislative councils in states requires a special majority in Parliament.
- This statement is incorrect. The abolition or creation of legislative councils in states does not require a special majority in Parliament. It can be done by a simple majority of the members present and voting.

Therefore, the correct answer is B: 1 and 2 Only.

Laxmikanth Test: Amendment of the Constitution - Question 5

Consider the following statements:

Statement-I:
Amendment Process Similar to Legislation: Except for the special majority, the process of amending the Constitution is similar to passing regular bills in Parliament.

Statement-II:
Balancing Flexibility and Rigidity: Despite some drawbacks, the amendment process strikes a balance between flexibility and rigidity. It's not so flexible that it can be changed easily by ruling parties, nor is it so rigid that it can't adapt to changing needs.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 5

Statement-I accurately compares the amendment process to passing regular bills in Parliament, emphasizing the similarity with the exception of the special majority requirement. Statement-II correctly points out the balance between flexibility and rigidity in the amendment process, ensuring it can adapt to changing needs while not being easily altered by ruling parties. While both statements are correct, they discuss different aspects of the amendment process without one explaining the other.

Laxmikanth Test: Amendment of the Constitution - Question 6

Consider the following statements:

Statement-I:
No Time Frame for State Consent: The Constitution doesn't set a time limit for state legislatures to approve or reject an amendment. It also doesn't clarify if states can change their approval.

Statement-II:
Facile Procedure for Amendments: The Constitution provides a relatively easy process for amending itself, allowing changes to meet evolving needs. This approach is different from some other countries like Canada, the USA, or Australia.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 6

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.

Laxmikanth Test: Amendment of the Constitution - Question 7

Consider the following pairs regarding provisions that require a special majority in Parliament and consent of states for constitutional amendments:

1. Legislative Powers - Consent required from more than half of the state legislatures

2. Seventh Schedule Lists - Consent required from half of the state legislatures

3. Representation of States in Parliament - Consent required from half of the state legislatures

4. Fundamental Rights - Consent required from all state legislatures

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 7

1. Correct. the voting supported by over 50 percent of the total strength of the house and the voting by a majority of two-thirds of the parliamentary member.

2. Correct. Consent required from half of the state legislatures.

3. Correct. Consent required from half of the state legislatures.

4. Incorrect. Fundamental Rights can be amended by a special majority in Parliament and do not require consent from all state legislatures.

Laxmikanth Test: Amendment of the Constitution - Question 8

Consider the following statements:

1. Article 368 of the Indian Constitution deals with the procedure for amending the Constitution.

2. Amendments related to the federal structure require a special majority in Parliament and ratification by at least half of the state legislatures.

3. All amendments to the Constitution require the involvement of the state legislatures.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 8
  • Statement 1 is correct. Article 368 outlines the procedures for amending the Constitution.
  • Statement 2 is correct. Amendments affecting the federal structure need a special majority in Parliament and ratification by at least half of the state legislatures.
  • Statement 3 is incorrect. Not all amendments require the involvement of state legislatures; some can be passed by simple or special majority in Parliament alone.
Laxmikanth Test: Amendment of the Constitution - Question 9

Several provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include, inter alia 

1. Citizenship clauses 

2. Abolition or creation of legislative councils in states 

3. Election of the President and its manner 

Q. Which of the above statements is/are correct? 

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 9

These matters include:

  • Admission or establishment of new states.
  • Formation of new states and alteration of areas, boundaries or names of existing states. 
  • Abolition or creation of legislative councils in states. 
  • Second Schedule - emoluments, allowances, privileges and so on of the President, the Governors, the Speakers, judges, etc. 
  • Quorum in Parliament. 
  • Salaries and allowances of the members of Parliament. 
  • Rules of procedure in Parliament.
  • Privileges of the Parliament, its members and its committees. 
  • Use of English language in Parliament.
  • Several puisne judges in the Supreme Court. 
  • Conferment of more jurisdictions on the Supreme Court. 
  • Use of official language.
  • Citizenship - acquisition and termination.
  • Elections to Parliament and state legislatures. 
  • Delimitation of constituencies.
  • Union territories. 
  • Fifth Schedule - administration of scheduled areas and scheduled tribes.
  • Sixth Schedule - administration of tribal areas.

Additional Information

  • Special Majority according to Article 249.
    This refers to a two-thirds majority of those present and voting. This is used to approve a Rajya Sabha resolution authorising the Parliament to make State List laws.
  • Special Majority according to Article 368.
    This refers to a vote backed by more than half of the House's total strength and a majority of 2/3rds of the members present and voting. The majority of Constitution Amendment Bills are written in this format.
  • This type of majority is utilised in the following situations:
    (i) Passing a constitutional amendment bill that has no effect on the federal government.
    (ii) Removing Supreme Court or High Court judges.
    (iii) Getting rid of the Comptroller and Auditor General of India (CAG) or the Chief Election Commissioner is a bad idea (CEC
    (iv) National emergency.
Laxmikanth Test: Amendment of the Constitution - Question 10

Consider the following statements about the Constitutional amendment in India. 

1. A private member of the Parliament cannot introduce a constitutional amendment bill 

2. The prior permission of the President is required for the introduction of every constitutional amendment bill 

3. Special days are reserved for introducing constitutional amendment bills 

Q. Which of the above statements is/are correct? 

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 10
  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

Laxmikanth Test: Amendment of the Constitution - Question 11

Consider the following statements about the procedure to amend the Indian constitution: 

1. A constitutional amendment bill requires the prior permission of the President. 

2. 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.

Q. Which of the above statements is/are correct? 

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 11

The prior permission of the President is required only in the case of money bills and other bills like the one which seeks to divide a state. It can be introduced in any House.

Additional Information
No Bill or amendment which imposes or varies any tax which varies any tax or duty in which States are interested:
(a) A tax or duty the whole or part of the net proceeds whereof are assigned to any State.
(b) A tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.

Laxmikanth Test: Amendment of the Constitution - Question 12

Consider the following statements. 

1. The President cannot send back a constitutional amendment bill for reconsideration to the Parliament.

2. Elected representatives alone have the power to amend the Constitution.

3. The judiciary cannot initiate the process of Constitutional Amendment but can effectively change the Constitution by interpreting it differently.

4. The Parliament can amend any section of the Constitution.

Q. Which of the above statements is/are correct? 

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 12

To explain the correct answer concisely:

- Statement 1 is correct because the President cannot send back a constitutional amendment bill for reconsideration to Parliament.
- Statement 2 is correct as elected representatives alone have the power to amend the Constitution.
- Statement 3 is incorrect because the judiciary can interpret the Constitution but cannot initiate the process of Constitutional Amendment.
- Statement 4 is correct as Parliament can amend any section of the Constitution.

Therefore, the correct answer is C: 1, 2, and 4 only.

Laxmikanth Test: Amendment of the Constitution - Question 13

Consider the following pairs regarding provisions that require a special majority in Parliament and consent of states for constitutional amendments:

1. Election of the President - Consent required from all states

2. Executive Power - Consent required from half of the state legislatures

3. Supreme Court and High Courts - Consent required from half of the state legislatures

4. Goods and Services Tax (GST) Council - Consent required from all states

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 13

1. Incorrect. Consent required from half of the state legislatures, not all states.

2. Correct. Consent required from half of the state legislatures.

3. Correct. Consent required from half of the state legislatures.

4. Incorrect. Consent required from half of the state legislatures, not all states.

Laxmikanth Test: Amendment of the Constitution - Question 14

Consider the following statements:

Statement-I:
Sketchy Amendment Provisions: The details about the amendment procedure are not very clear, leaving room for legal interpretation. This might lead to matters being taken to the judiciary.

Statement-II:
In simpler terms, while India's amendment process may have some complexities, it allows for necessary changes without being too rigid or too flexible. The aim is to balance stability with the ability to adapt to the nation's growth and changing circumstances.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 14

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.

Laxmikanth Test: Amendment of the Constitution - Question 15

Consider the following pairs regarding provisions that require a special  majority in Parliament and consent of states for constitutional amendments:

1. Directive Principles of State Policy - Special Majority in Parliament

2. Election of the President - Consent required from half of the state legislatures

3. Creation or Abolition of Legislative Councils - Consent required from half of the state legislatures

4. Parliament's Power to Amend the Constitution - Special Majority in Parliament and Consent of States

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test: Amendment of the Constitution - Question 15

1. Correct. Special Majority in Parliament is required.

2. Correct. Consent required from 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.

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