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Constitutional Amendments Test - 1
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Constitutional Amendments Test - 1
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  • Question 1/10
    1 / -0

    In which of the following cases the Supreme Court limited the power of Parliament to amend the Constitution for the first time?

    Solutions

    The Supreme Court limited the power of Parliament to amend the Constitution for the first time in the case of Golaknath Vs. the State of Punjab, 1967.

     

  • Question 2/10
    1 / -0

    With reference to the amendment of the constitution, consider the following statements:
    1. In Kesavananda Bharati case, Supreme Court ruled that the power to amendment the constitution does not include the amendment to the basic structure of the constitution.
    2. In case of disagreement on an issue of amendment to the constitution, both the houses of Parliament are required to convene a joint session.

    Which of the statements given above is/are correct?

    Solutions

    Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
    - It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose.

    - However, the Parliament cannot amend those provisions which form the basic structureof the Constitution. This was ruled by the Supreme Court in the
    Kesavananda Bharati case (1973). Hence, statement 1 is correct.
    - The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
    - 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. Hence, statement 2 is NOT correct.
    - If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.

    - After being duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for his assent.
    - The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
    - After the Presidents assent, the bill becomes an Act (i.e., a constitutional amendment act) and the

    Constitution stands amended in accordance with the terms of the Act.

     

  • Question 3/10
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    Which of the following Constitution amended the age of voting from 21 to 18?

    Solutions

    The Sixty-first Amendment' of the Constitution of India, officially known as The Constitution (Sixty-first Amendment) Act, 1989, lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years.

     

  • Question 4/10
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    The territories of Goa, Daman & Diu were incorporated in the Indian Constitution by which amendment bill?

    Solutions

    The Twelfth Amendment of the Constitution of India, officially known as The Constitution (Twelfth Amendment) Act, 1962, incorporated Goa, Daman and Diu as the eighth Union territory of India, by amending the First Schedule to the Constitution.

     

  • Question 5/10
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    Which of the following Constitutional Amendment is related to the Fundamental Duties?

    Solutions

    The fundamental duties of citizens were added to the Constitution by the 42nd Amendment in 1976 on the recommendation of Swaran Singh committee. It has been mentioned under Part-4 A, Article 51(A) of the Indian Constitution. Earlier, the total number of fundamental duties were 10, at present, it is 11. Prvison relating to fundamental duties has been derived from the Constitution of Soviet Union.

     

  • Question 6/10
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    Sikkim became a new State by -

    Solutions

    Sikkim was included as a full-fledged state (22nd) in the first schedule to the Constitution of India by 36th Constitutional Amendment. 35th constitutional amendment sought to provide for the terms and conditions of association of Sikkim with the Union.

     

  • Question 7/10
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    Which among the following amendment acts is also called as a Mini constitution?

    Solutions

    42nd amendment, 1976: It was called as Mini constitution of India and was brought during national emergency.

     

  • Question 8/10
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    The Keshavananda Bharti Case is important because -

    Solutions

    The Supreme Court laid down the 'Basic Structure Doctrine' in the case of Keshavananda Bharti Vs State of Kerala, 1973. According to this doctrine, Parliament can amend the Constitution including the fundamental rights but some of the provisions of the Constitution of India which form the basic structure of the Constitution are not amendable by the Parliament by exercising its amending power under Article 368.

     

  • Question 9/10
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    When was the first Bill for the amendment of the Indian Constitution presented?

    Solutions

    The first amendment Bill to the Indian Constitution was presented in 1951 through which Articles 15, 19,85,87, 174, 176,341, 342, 372, 376 were amended and two new Articles 31(a) & 31(b) and 9th Schedule was added to the Constitution.

     

  • Question 10/10
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    The process of Constitutional amendment in India is taken from........?

    Solutions

    The process of Constitutional amendment in India is taken from South Africa.

     

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