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Test: Procedure for Amendment of Constitution - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Procedure for Amendment of Constitution

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Test: Procedure for Amendment of Constitution - Question 1

What is the primary authority granted by Article 368(1) in India regarding the Constitution?

Detailed Solution for Test: Procedure for Amendment of Constitution - Question 1
Article 368(1) in India grants the Parliament the authority to amend the Constitution. This power allows Parliament to make changes to various aspects of the Constitution, subject to certain limitations. It is essential for maintaining the Constitution's relevance and adaptability to changing circumstances.
Test: Procedure for Amendment of Constitution - Question 2

What is the purpose of the doctrine of the basic structure concerning amendments to the Constitution?

Detailed Solution for Test: Procedure for Amendment of Constitution - Question 2
The doctrine of the basic structure is designed to safeguard the fundamental principles and values of the Constitution. It ensures that essential features such as the supremacy of the Constitution, democratic government, federal character, and fundamental rights are protected from arbitrary changes. This doctrine acts as a check to preserve the foundational aspects of the Constitution and maintain its integrity.
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Test: Procedure for Amendment of Constitution - Question 3

What is the process outlined in Article 368 of the Constitution of India primarily responsible for?

Detailed Solution for Test: Procedure for Amendment of Constitution - Question 3
Article 368 of the Constitution of India grants the Parliament the authority to modify the Constitution by adding, altering, or repealing any provision. This process requires a special majority of Parliament, highlighting the significance of broad-based support for constitutional amendments to ensure balanced and thoughtful changes.
Test: Procedure for Amendment of Constitution - Question 4
What is the significance of ratification by at least half of the state legislatures in the amendment process of the Indian Constitution?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 4
Ratification by at least half of the state legislatures alongside a special majority of Parliament in the amendment process of the Indian Constitution enhances federal principles by involving state governments. This step fosters cooperation between the central and state authorities, ensuring that constitutional amendments reflect a balanced approach that respects the diverse needs and perspectives of different regions within the country.
Test: Procedure for Amendment of Constitution - Question 5
What is the initial step required to initiate the amendment process for a bill in the Indian Parliament?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 5
The first step to kickstart the amendment process for a bill in the Indian Parliament involves introducing the bill in either the Lok Sabha or Rajya Sabha. This can be proposed by any member or minister without prior approval from the President. It is the crucial starting point for the legislative process in India.
Test: Procedure for Amendment of Constitution - Question 6
What happens once a bill has been approved by both Houses of the Indian Parliament during the amendment process?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 6
Following the approval of both Houses of the Indian Parliament, the bill is then submitted to the President for assent. Upon receiving approval from the President, the bill officially becomes a Constitutional Amendment Act. This final step underscores the significance of the President's role in the legislative process, marking the formal transformation of the bill into law.
Test: Procedure for Amendment of Constitution - Question 7
What type of majority is required according to Article 368(2) of the Indian Constitution for passing Constitutional amendments?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 7
According to Article 368(2) of the Indian Constitution, a special majority is required for passing Constitutional amendments. This special majority involves two conditions: a majority of the total members in each House of Parliament and a two-thirds majority of those present and voting during the proceedings. This ensures that Constitutional amendments have significant support from the members involved.
Test: Procedure for Amendment of Constitution - Question 8
What is the defining characteristic of a simple majority in a voting process?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 8
A simple majority in a voting process is characterized by the fact that the option with over 50% support wins. In simpler terms, it means that more than half of the total votes or members support a particular decision, making it the winning choice. This majority rule is commonly used in various decision-making processes to determine the outcome based on the majority preference.
Test: Procedure for Amendment of Constitution - Question 9
What type of majority is required for amending various Constitution provisions under Article 368(2)?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 9
Under Article 368(2), amending various Constitution provisions requires a two-thirds majority of members present during the proceedings. This special majority is crucial for making significant changes to the Constitution and ensures a substantial level of support among the members actively participating in the decision-making process.
Test: Procedure for Amendment of Constitution - Question 10
What is the key requirement for amendments related to federal structure provisions in the Constitution?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 10
Amendments related to federal structure provisions in the Constitution necessitate a special majority in Parliament and approval from at least half of the state legislatures. This requirement underscores the significance of comprehensive support both at the national level in Parliament and at the state level, ensuring a balanced approach to constitutional changes impacting the federal structure.
Test: Procedure for Amendment of Constitution - Question 11
What type of majority is required in Parliament for amendments related to changes in federal structure provisions?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 11
Changes to federal structure provisions require a special majority in Parliament. A special majority signifies a higher threshold for approval compared to a simple majority. This ensures that significant constitutional changes related to the federal structure receive substantial support within the legislative body.
Test: Procedure for Amendment of Constitution - Question 12
Which specific kind of provisions necessitate ratification from state legislatures in addition to approval from Parliament?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 12
Certain provisions such as those affecting the functioning of the President, like changes to the election process, require ratification from state legislatures along with approval from Parliament. This additional step ensures that changes impacting crucial aspects of governance receive validation from both the national and state levels.
Test: Procedure for Amendment of Constitution - Question 13
What important legal concept did the Supreme Court establish in the case of Kesavananda Bharati v. State of Kerala?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 13
In the landmark case of Kesavananda Bharati v. State of Kerala, the Supreme Court introduced the concept of the basic structure of the Constitution. This concept restricts Parliament's power to amend the Constitution by preventing changes to its core principles and structure, ensuring the foundation of the Constitution remains intact. The basic structure doctrine serves as a safeguard to protect the fundamental principles and values of the Constitution from arbitrary changes.
Test: Procedure for Amendment of Constitution - Question 14
Which constitutional amendment clarified Parliament's authority to amend the Constitution without being restricted by Article 13, following the Golaknath case?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 14
The 24th Amendment to the Constitution was enacted to clarify Parliament's authority to amend the Constitution without being bound by the limitations imposed by Article 13, especially in light of the Golaknath case. This amendment aimed to reinforce Parliament's power to amend the Constitution, ensuring that it could make changes without being hindered by judicial review based on fundamental rights.
Test: Procedure for Amendment of Constitution - Question 15
What crucial legal concept was established by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala?
Detailed Solution for Test: Procedure for Amendment of Constitution - Question 15
The Supreme Court, in the landmark ruling of Kesavananda Bharati v. State of Kerala, introduced the concept of basic structure. This concept limits Parliament's power to amend the core principles of the Constitution, ensuring the preservation of its fundamental framework. The basic structure doctrine acts as a safeguard to prevent any arbitrary changes that could undermine the essence and integrity of the Constitution.
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