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UPSC Previous Year Questions (Prelims): Amendment of the Constitution | Indian Polity for UPSC CSE PDF Download

Q.1. Consider the following statements:     (2019-I)

  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 the judiciary.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2

(b) Neither 1 nor 2

Correct Answer is Option (b)
"Keeping election of the Prime Minister beyond judicial review" is a wrong statement 99th Amendment had replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). In 2015, SC held "ultra vires" the 99th Constitutional Amendment Act and the NJAC Act. So, #2 is right. Answer B: only 2.

 

Q.2.  Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?      (2014 - I)
(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule

(d) Tenth Schedule

Correct Answer is Option (d)
The 52nd Amendment act of 1985, added 10th schedule to the Constitution. This is often referred to as anti-defection law.

 

Q.3. Consider the following statements:     (2013 - I)

  1.  An amendment to the Constitution of India can be initiated by an 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 legislature of all the States of India.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (d)
An amendment to the constitution of India can be initiated by an introduction of a bill in either house of the parliament. If such an amendment seeks to make changes in the federal character of the constitution, the amendment also requires to be ratified by the legislature of at least half of the states.


Q.4. Which one of the following Constitutional Amendments states that the total number of Ministers, including the Prime Minister, in the Council of Minister shall not exceed fifteen percent of the total number of members of the House of the People?     (2009)
(a) 90th
(b) 91st
(c) 92nd

(d) 93rd

Correct Answer is Option (b)
The above provision has been added by 91st Constitutional Amendment Act 2003.


Q.5. Under which one of the following Constitution Amendment Acts, four languages were added to the list of languages under the Eighth Schedule of the Constitution of India, thereby raising their number to 22?     (2008)
(a) Constitution (Ninetieth Amendment) Act
(b) Constitution (Ninety-first Amendment) Act
(c) Constitution (Ninety-second Amendment) Act
(d) Constitution (Ninety-third Amendment) Act

Correct Answer is Option (c)
92nd Amendment Act 2003 added Bodo, Santhali, Maithali and Dogri languages in the 8th Schedule of the Constitution. Originally there were 14 languages in the 8th schedule. 21st amendment act added Sindhi language. 71st amendment act added Konkani, Manipuri and Nepali languages.


Q.6. Which of the following Constitution Amendment Acts seeks that the size of the Councils of Ministers at the Centre and in a State must not exceed 15 per cent of the total number of members in the Lok Sabha and the total number of members of the Legislative Assembly of that State, respectively?     (2007)
(a) 91st
(b) 93rd

(c) 95th
(d) 97th

Correct Answer is Option (a)
The above provision has been added by 91st constitutional Amendment Act, 2003.

 

Q.7. What does the 104th Constitution Amendment Bill related to?     (2006)
(a) Abolition of Legislative Councils in certain states.
(b) Introduction of dual citizenship for persons of Indian origin living outside India.
(c) Providing quota to socially and educationally backward classes in private educational institutions.

(d) Providing quota for religious minorities in the services under the central Government.

Correct Answer is Option (c)
The Indian Parliament has passed the 104th Constitution Amendment Bill, providing reservations for the socially and educationally backward classes, besides the Scheduled Classes and Scheduled Tribes, in all private aided and unaided educational institutions.


Q.8. Consider the following statements:      (2006)

  1. Free and compulsory education to the children of 6-14 years age-group by the State by the seventy-sixth Amendment to the Constitution of India.
  2. Sarva Shiksha Abhiyan seeks to provide computer education even in rural areas.
  3. Education was included in the Concurrent List by the Forty-second Amendment, 1976 to the Constitution of India’.

Which of the statements given above are correct?

(a) 1, 2 and 3
(b) 1 and 2

(c) 2 and 3
(d) 1 and 3

Correct Answer is Option (c)
Statement 1 is incorrect as this provision was added by 86th Amendment Act (not 76th ).


Q.9. Consider the following statements:      (2005)

  1. Part IX of the Constitution of India provisions for Panchyats and was inserted by the Constitution (Amendment) Act, 1992.
  2. Part IX A of the Constitution of India contains provisions for Municipalities and the Article 243 Q envisages two types of Municipalities a Municipal Council and a Municipal Corporation for every State.

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 is Option (a)
73rd and 74th Constitutional Amendments were passed by Parliament in December, 1992. Through these amendments local self-governance was introduced in rural and urban India. The Acts came into force as the constitution (73rd Amendment) Act, 1992 on April 24, 1993 and the constitution (74th Amendment) Act, 1992 on June 1, 1993. These amendments added two new parts to the constitution, namely, 73rd Amendment added part IX titled "The Panchayats" and 74th Amendment added part IXA titled "The Municipalities". The Local bodies-'Panchayats' and 'Municipalities' came under Part IX and IXA of the Constitution after 43 years of India becoming a republic.


Q.10. The Constitution (98th Amendment) Act is related to:     (2005)
(a) empowering the centre to levy and appropriate service tax
(b) the Constitution of the National Judicial Commission
(c) readjustment of electoral constituencies on the basis of the population census 2001
(d) the demarcation of new boundaries between States.

Correct Answer is Option (b)
The Constitution 98th Amendment Bill, 2003, seeks to constitute a National Judicial Commission (NJC) by including Chapter IV-A in Part V of the Constitution which will be in charge of appointing judges to the higher judiciary and for transferring High Court Judges.

 

Q.11. Consider the following statements:      (2005)

  1. The Constitution of India has 20 parts.
  2. There are 390 Articles in the Constitution of India in all.
  3. Ninth, Tenth, Eleventh and Twelfth Schedules were added to the Constitution of India by the Constitution (Amendment) Acts.

Which of the statements given above is/are correct?
(a) 1 and 2
(b) 2 only
(c) 3 only
(d) 1, 2 and 3

Correct Answer is Option (c)
The Constitution of India has 24 parts, 12 schedules and more than 444 articles at present. In the original constitution, there were 22 parts, 8 schedules and 395 articles. Ninth Schedule was added by 1st Constitutional Amendment Act, 1951. Tenth Schedule was added by 52nd Constitutional Amendment Act, 1985. Eleventh Schedule was added by 73rd Constitutional Amendment Act, 1992. Twelfth Schedule was added by 74th Constitutional Amendment Act, 1992.


Q.12. Consider the following statements:     (1999)
An amendment to the Constitution of India can be initiated by the:

  1. Lok Sabha
  2. Rajya Sabha
  3. State Legislature
  4. President

Which of the above statements is/are correct?
(a) Only 1

(b) 1, 2 and 3
(c) 2, 3 and 4
(d) 1 and 2

Correct Answer is Option (d)
An amendment to the Constitution of India can be initiated by either House of Parliament under article 368. It does not require the President's recommendation.

 

Q.13. Consider the following statements about the recent amendments to the elections law by the Representation of the People (Amendment) Act 1996:     (1999)

  1. Any conviction for the offence of insulting the Indian National flag or the Constitution of Indian shall entail disqualification for contesting elections to Parliament and State Legislatures for six year from the date of conviction
  2. There is an increase in the security deposit which a candidate has to make to contest the election to the Lok Sabha
  3. A candidate cannot now stand for election from more than one Parliament Constituency
  4. No election will now be countermanded on the death of a contesting candidate

Which of the above statements are correct?
(a) 2 and 3

(b) 1, 2 and 4
(c) 1 and 3
(d) 1, 2, 3 and 4

Correct Answer is Option (b)
Statement 3 is incorrect as a candidate shall not be allowed to contest from more than two constituencies, it also adds options 1 and 2.


Q.14. Which one of the following schedules of the Constitution of India contains provisions regarding anti-defection Act?     (1998)
(a) Second Schedule

(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

Correct Answer is Option (d)
Tenth schedule was added by the 52nd Constitutional Amendment Act, 1985. It provides for anti-defection law.


Q.15. Which one of the following was not proposed by the 73rdConstitutional Amendment in the area of Panchayati Raj?     (1997)
(a) Thirty percent seats in all elected rural local bodies will be reserved for women candidates at all level
(b) The States will constitute their Finance Commissions to allocate resources to Panchayati Raj institutions
(c) The Panchayati Raj functionaries will be disqualified to hold their offices if they have more than two children
(d) The elections will be held in six months time if Panchayati Raj bodies are superceded or dissolved by the State government

Correct Answer is Option (c)
Statement given under option (c) is not mentioned in 73rd amendment act. But this norm is applied in Haryana, Rajasthan, MP, Odisha and Andhra Pradesh.


Q.16. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).     (1997)
Assertion (A): Reservation of thirty-three percent of seats for women in Parliament and State Legislature does not require any Constitutional amendment:
Reason (R): Political parties contesting elections can allocate thirty-three percent of seats they contest to women candidates without any Constitutional amendment.
In the context of the above two statements which one of the following is correct?    
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false

(d) A is false but R is true

Correct Answer is Option (d)
Assertion is wrong as reservation for women in Parliament and state legislature would require a constitutional amendment.

 

Q.17.  Which of the following are matters on which a constitutional amendment is possible only with the ratification of the legislature of not less than one-half of the states?     (1995)

  1. Election of the President
  2. Representation of states in the Parliament
  3. Lists in the 7th Schedule
  4. Abolition of the Legislature Council in a State

(a) 1, 2 and 3 
(b) 1, 2 and 4
(c) 1, 3 and 4
(d) 2, 3 and 4

Correct Answer is Option (a)
Parliament may by law provide for the abolition of the Legislative Council of a State having such a council or for the creation of such a council in a state having no such council, if the Legislative Assembly of the state passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

The document UPSC Previous Year Questions (Prelims): Amendment of the Constitution | Indian Polity for UPSC CSE is a part of the UPSC Course Indian Polity for UPSC CSE.
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FAQs on UPSC Previous Year Questions (Prelims): Amendment of the Constitution - Indian Polity for UPSC CSE

1. What is the process of amending the Constitution in India?
Ans. The process of amending the Constitution in India is governed by Article 368. According to this article, an amendment can be initiated by either the Parliament or the state legislatures. The amendment bill must be passed by a special majority, which means it requires a majority of the total membership of each house of Parliament and a two-thirds majority of the members present and voting. After passing both houses of Parliament, the bill must be ratified by at least half of the state legislatures before it can be considered as an amendment to the Constitution.
2. Can any part of the Constitution be amended?
Ans. Yes, any part of the Constitution can be amended, including the fundamental rights. However, the Parliament cannot amend the basic structure of the Constitution. The Supreme Court has held that certain features such as the supremacy of the Constitution, the separation of powers, federalism, and secularism form the basic structure and cannot be amended.
3. How many amendments have been made to the Indian Constitution so far?
Ans. As of September 2021, a total of 105 amendments have been made to the Indian Constitution. These amendments have been made to address various social, political, and economic issues and to ensure the effective functioning of the government.
4. Can the President refuse to give assent to a constitutional amendment bill?
Ans. No, the President does not have the power to refuse assent to a constitutional amendment bill. The President's role is largely ceremonial in this regard, and they are bound by the advice of the Council of Ministers. Once a constitutional amendment bill is passed by both houses of Parliament and ratified by the required number of state legislatures, the President must give their assent to it.
5. Are there any limitations on the power of Parliament to amend the Constitution?
Ans. Yes, there are certain limitations on the power of Parliament to amend the Constitution. As mentioned earlier, Parliament cannot amend the basic structure of the Constitution. Additionally, any amendment that seeks to abridge or take away the fundamental rights of citizens can be challenged in the courts on the grounds of violating the basic structure. The Supreme Court acts as the guardian of the Constitution and has the power to strike down any amendment that is found to be unconstitutional.
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