25 July 2022

Q1. Which Amendment Act added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence:

1. 24th Amendment Act
2. 42nd Amendment Act
3. 1st Amendment Act
4. 7th Amendment Act

Explanation:

First Amendment Act, 1951:

Empowered the state to make special provisions for the advancement of socially and economically backward classes.

Provided for the saving of laws providing for acquisition of estates, etc.

Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review.

Added three more grounds of restrictions on freedom of speech and expression, viz., public order,  friendly relations with foreign states and incitement to an offence. Also, made the restrictions ‘reasonable’ and thus, justiciable in nature.

Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.

Q2. Which of the following is/are correctly matched:

1. 37th Amendment Act: Omitted the Tenth Schedule.
2. 49th Amendment Act: Gave a constitutional sanctity to the Autonomous District Council in Tripura.
3. 58th Amendment Act: Provided for an authoritative text of the Constitution in Hindi language.

Select the correct answer using the code below

1. 1 and 3 only
2.  2 and 3 only
3. 1 and 2 only
4. All of the above

Explanation:

37th Amendment Act: Provided legislative assembly and council of ministers for the Union Territory of Arunachal Pradesh.

49th Amendment Act: Gave a constitutional sanctity to the Autonomous District Council in Tripura.

58th Amendment Act: Provided for an authoritative text of the Constitution in Hindi language and gave the same legal sanctity to the Hindi version of the Constitution.

  Q3. Which of the following were added in the Thirty-Eighth Amendment Act, 1975:

1. Made the declaration of emergency by the president non-justiciable.
2. Made the promulgation of ordinances by the president, governors and administrators of union territories non-justiciable.
3. Empowered the president to declare different proclamations of national emergency on different grounds simultaneously.

Select the correct answer using the code below

1. 1 and 3 only
2. 2 and 3 only
3. 1 and 2 only
4. All of the above

Explanation:

Thirty-Eighth Amendment Act, 1975:

Made the declaration of emergency by the president non-justiciable.

Made the promulgation of ordinances by the president, governors and administrators of union territories non-justiciable.

Empowered the president to declare different proclamations of national emergency on different grounds simultaneously.

 Q4. Which of the following statement is/are correct with respect to the 97th Constitutional Amendment Act:

1. It gave a constitutional status and protection to co-operative societies.
2. It made the right to form co-operative societies a fundamental right
3. It included a new Directive Principle of State Policy on promotion of co-operative societies.

Select the correct answer using the code below

1. 1 and 3 only
2. 1 and 2 only
3.  2 and 3 only
4. All of the above

Explanation:

The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the constitution:

1. It made the right to form co-operative societies a fundamental right (Article 191).
2. It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B2).
3. It added a new Part IX-B in the Constitution which is entitled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

Q5. In the Indian context, which of the following provisions can be amended by Simple Majority of the Parliament:

1. Acquisition and termination of Citizenship
2. Abolition or creation of legislative councils in states
3. Directive Principles of State Policy
4. Formation of new States

Select the correct answer from the code below:

1. 1 and 2
2. 1 and 4
3. 1, 2 and 4
4. All of the above

Explanation:

A number of 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- 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; Acquisition and termination of Citizenship; But to amend DPSP and FR’s, it requires Special majority of the Parliament.

 Q6. Consider the case of constitutional amendment bill, where the consent of the state legislatures is required. Which among the following statements is/are true?

1. The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them.
2. The Constitution is silent on the issue whether the states can withdraw their approval after according the same

Select the correct answer from the code below:

1. 1 only
2. 2 only
3. 1 and 2 only
4. None of the above

Explanation:

When an amendment aims to modify an article related to distribution of powers between the States and the central government, or articles related to representation, it is necessary that the States must be consulted and that they give their consent. The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them.The Constitution is silent on the issue whether the states can withdraw their approval after according the same.

 Q7. When a constitutional amendment aims to modify an article related to the distribution of powers between the States and the Union government, then which of the following type of majority is required to amend the Constitution?

1. Simple majority in the Parliament with ratification by not less than half of the States.
2. Special majority in the Parliament with ratification by not less than half of theStates.
3. Simple majority in the Parliament.
4. Special majority in the Parliament.

 Explanation:

There are three different ways of amending the Indian Constitution.

There are many articles in the Constitution which mention that these articles can be amended by a simple law of the Parliament. No special procedure for amendment (under Article 368) is required in such cases and there is no difference at all between an amendment and an ordinary law.

For amending the remaining parts of the Constitution, provision has been made in Article 368 of the Constitution. One method is that amendment can be made by special majority of the two Houses of the Parliament. Amendment to the Constitution requires two different kinds of special majorities: in the first place, those voting in favour of the Amendment Bill should constitute at least half of the total strength of that House. Secondly, the supporters of the Amendment Bill must also constitute two-thirds of those who actually take part in voting

The other method requires special majority of the Parliament and consent of half of the State legislatures. Apart from the provisions related to federal structure, provisions about fundamental rights are also protected in this way.

 Q8.  As per Article 368 of the Constitution, the amendment of the Indian constitution can be initiated in:

1. Lok Sabha
2. Rajya Sabha
3. The office of the President by ordinance
4. State Legislatures
5. Council of Ministers

Select the correct answer using the code below

1. 1, 3 and 5 only
2. 1 and 2 only
3. 2, 3 and 4 only
4. 1, 2 and 5 only

Explanation:

An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

 Q9. The Constitution (91st Amendment) Act 2003, provides for which of the following?

1. The total number of ministers in the Central Council of Ministers shall not exceed 15 per cent of the total strength of the Lok Sabha.
2. A MP who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
3. The total number of Council of Ministers in a state shall not exceed 15 per cent of the total strength of the Legislative Assembly of that state (including Delhi).

Select the correct answer using the code below

1. 2 only
2. 1 and 2 only
3. 1 and 3 only
4. All of the above

 Explanation:

The 91st Amendment Act of 2003 has made the following provisions to limit the size of Council of Ministers, to debar defectors from holding public offices, and to strengthen the anti-defection law;

1. The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15 per cent of the total strength of the Lok Sabha (Article 75).
2. A member of either House of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister (Article 75).
3. The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15 per cent of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12 (Article 164).

But this provision does not apply to Delhi. The Constitution lays down that the strength of the Council of Ministers shall not be more than ten percent of the total number of members in the Assembly. Thus there are Seven Ministers in the Delhi Cabinet.

4. A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister (Article 164).
5. A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. The expression “remunerative political post” means (i) any office under the Central Government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government; or

(ii) any office under a body, whether incorporated or not, which is wholly or partially owned by the Central Government or a state government and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature (Article 361-B).

6. The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.

Q10. Which of the following does not include aspects related to Co-operative societies under 97th Constitutional Amendment Act, 2011?

1. Fundamental Rights
2. Directive Principles of State Policy
3. Fundamental duties
4. None of the above

Explanation:

The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the constitution

1. It made the right to form co-operative societies a fundamental right (Article 19).
2. It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B).
3. It added a new Part IX-B in the Constitution which is entitled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).