Constitutional amendment is important part of polity syllabus. Previous Year Question (PYQ) papers are invaluable resources for aspirants preparing for competitive exams like the Union Public Service Commission (UPSC) examinations. In this article we present important PYQ on Constitutional Amendment.
PYQ on Constitutional Amendment:
Q- Consider the following statements: (2022)
- A bill amending the Constitution requires a prior recommendation of the President of India.
- When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
- A Constitution Amendment Bill must be passed by both the Lok Sabha and Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer- Option B
EXPLANATION
Statement 1 is incorrect: Constitution Amendment Bills can be introduced by either a minister or a private member without prior permission from the President.
Statement 2 is correct: The 24th Amendment to the Indian Constitution amended Article 368, explicitly granting Parliament the power to amend any provision of the Constitution. Additionally, it mandated the President to give assent to Constitution Amendment Bills.
Statement 3 is correct: Article 368 of the Indian Constitution stipulates that amendments to the Constitution require a two-thirds majority in both houses of Parliament (special majority). If the two houses disagree, Parliament does not have a provision to convene a joint session. This ensures that the majority of the government in the Lok Sabha does not undermine the Rajya Sabha’s role in a joint sitting.
Q- Rajya Sabha has equal powers with Lok Sabha in (2020)
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
Answer- Option B
EXPLANATION
The Rajya Sabha holds equal authority with the Lok Sabha in various matters, including the introduction and passage of ordinary bills, constitutional amendment bills, and financial bills involving expenditure from the Consolidated Fund of India. Both houses share responsibilities such as the election and impeachment of the president, as well as the election and removal of the Vice-President.
However, only the Rajya Sabha can initiate the removal of the Vice-President, which requires a special majority in the Rajya Sabha and a simple majority in the Lok Sabha.
Additionally, the Rajya Sabha has unique powers, such as making recommendations to the President for the removal of certain officials, approving ordinances and emergency proclamations, and participating in the selection of ministers, including the Prime Minister. While ministers can be members of either house, they are answerable solely to the Lok Sabha.
The Rajya Sabha’s federal character grants it exclusive powers not enjoyed by the Lok Sabha, including the authority to authorize Parliament to legislate on subjects listed in the State List and to establish new All-India Services shared by both the Centre and the states.
Q- Consider the following statements: (2019)
(1) The 44th Amendment to the Constitution of India introduced an article placing the election of the Prime Minister beyond judicial review
(2) 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
(d) Neither 1 nor 2
Answer- Option B
EXPLANATION
The 39th Amendment of the Constitution of India, enacted on August 10, 1975, during the Emergency of 1975–1977, removed the authority of the Indian courts to scrutinize the election of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha. This amendment placed these elections beyond the purview of judicial review, establishing a parliamentary body to resolve disputes regarding such elections. Therefore, statement 1 is incorrect.
On the other hand, the 99th Constitutional Amendment of India aimed to establish the National Judicial Appointments Commission (NJAC), tasked with appointing judges to the higher judiciary. The amendment sought to replace the existing collegium system. However, in 2015, the Supreme Court, in a 4:1 majority decision, upheld the collegium system and declared the NJAC unconstitutional.
Q- Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? (2017)
- Dissolution of the State Legislative Assembly
- Removal of the Council of Ministers in the State
- Dissolution of the local bodies
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2and 3
Answer- Option B
EXPLANATION
Article 356 of the Indian Constitution allows for the imposition of President’s Rule in a state if the constitutional machinery fails. There are two grounds for this: firstly, if the President receives a report from the state’s Governor or is otherwise convinced that the state government cannot function according to the Constitution, and secondly, if a state fails to comply with directions from the Union. When President’s Rule is imposed, the state council of ministers led by the chief minister is dismissed, and the state administration is conducted by the governor on behalf of the President. Consequently, the options stating that the removal of the council of ministers is a consequence of the proclamation are correct. However, the dissolution of the state legislature and local bodies is not necessarily a consequence of President’s Rule, making the options regarding dissolution incorrect.
Q- Consider the following statements (2013)
- An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
- 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
Answer- Option D
EXPLANATION
The procedure for amending the Constitution (Article 368) begins with the introduction of a bill in either house of Parliament, not in the state legislatures.
The bill can be initiated by a minister or any private member, and prior permission from the President is not necessary.
In each house, both a simple majority (requiring a majority of the total membership of the House) and a special majority (requiring a two-thirds majority of the members of the House present and voting) are necessary for the bill to pass. Amendments to federal provisions of the Constitution require ratification by half of the states’ legislatures by a simple majority.
The bill is sent for the President’s assent when passed by both houses, . The President cannot withhold assent or return the bill for reconsideration; they must give assent in all cases. Once the President assents to the bill, it becomes a Constitutional Amendment Act.
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