The amendment process of the Indian Constitution allows for its evolution to meet the changing needs of society while maintaining its core values. The Basic Structure Doctrine, established by the Supreme Court, ensures that certain fundamental aspects of the Constitution remain unaltered, safeguarding the essence of democracy.
In this article, we present a series of General Knowledge multiple-choice questions (MCQs) focused on the Amendment of the Constitution & Basic Structure Doctrine, helping you enhance your understanding of these pivotal constitutional concepts.
1. Which part of the Indian Constitution deals with its amendment?
- Part XX
- Part VIII
- Part XIII
- Part XIX
Show Answer
Answer: Part XX
Part XX of the Constitution of India has only one article, Article 368, that deals with the amendment of the Constitution
2. The amendment of the constitution can be initiated in which of the following?
1. Lok Sabha
2. Rajya Sabha
3. State Legislature
Choose the right option
- Only 1
- Only 1 and 2
- Only 1 and 3
- Only 1, 2, and 3
Show Answer
Answer: Only 1 and 2
Constitutional Amendment bills can be introduced in either house of Parliament in India, which includes both the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). This provides flexibility in initiating amendments.
3. Under Article 368, the Indian Constitution provides methods of Amendment of different portions of the constitution?
- 1
- 2
- 3
- 4
Show Answer
Answer: 3
The three methods of amendment of the constitution are as follows: By Simple Majority of Parliament: Some changes such as admission, formation of new states, and making changes to territorial boundaries of the states, abolition and creation of legislative councils, etc., can be done like any other ordinary law by a simple majority. By Special Majority of the Parliament: Most of the provisions of the constitution need to be amended by a special majority, i.e., majority of more than 50% of total membership and 2/3rd members present and voting. Some of the amendments included in it are Fundamental Rights, Directive Principles, etc. By Special Majority of the Parliament and Ratification by half of the State Legislatures: There are a few provisions in which the interest of the states and federal features of the constitution may be involved. Such bills first need to be passed in both houses of the parliament and then need to secure ratification by half of the state legislatures. Examples include those related to Centre-State Relations, Election of the President, etc.
4. Which among the following is true regarding amendments of the constitution with provisions which affect the federal character of the constitution?
- They can be amended by a simple majority
- They can be amended by a 2/3 majority of both the houses of parliament
- They can be amended by not only a 2/3 majority of the parliament but also ratification by at least 1/2 of the states
- All are correct
Show Answer
Answer: They can be amended by not only a 2/3 majority of the parliament but also ratification by at least 1/2 of the states
The amendments which affect the federal character of the constitution need to be passed by a special majority of the parliament and also need ratification by half of the State Legislatures.
5. Who among the following reserves the right to initiate the Constitutional Amendment?
- Supreme Court of India
- Parliament of India
- President of India
- Union council of ministers
Show Answer
Answer: Parliament of India
Constitutional Amendment can be initiated in any house of the parliament, i.e., Rajya Sabha or Lok Sabha.
6. In which case, the Supreme court held that any Constitutional amendment that takes away or abridges a Fundamental Right conferred by Part III is void?
- SR Bommai Vs. Union of India, 1994
- Kesavananda Bharati Vs. State of Kerala (1973)
- Golaknath v. State of Punjab, 1967
- Minerva Mills v. Union of India, 1980
Show Answer
Answer: Golaknath v. State of Punjab, 1967
In Golaknath v. State of Punjab case, the Supreme Court held that an amendment of the Constitution is a legislative process, and that an amendment under article 368 is “law” within the meaning of article 13 of the Constitution and therefore, if an amendment “takes away or abridges” a Fundamental Right conferred by Part III, it is void.
7. Which among the following articles is specifically excluded from the purview of the procedure of amendment as prescribed in Article 368?
- Article 54
- Article 154
- Article 169
- Article 214
Show Answer
Answer: Article 169
Article 169 provides for the abolition or creation of the legislative councils in states. Any creation or abolition of the legislative council in the state will need an amendment of the constitution but it will be of the first category (not deemed to be an amendment under article 368) and to be passed by a simple majority.
8. From which constitution, India has borrowed the provisions related to the amendment Constitution?
- Weimar Republic of Germany
- South Africa
- Ireland
- Canada
Show Answer
Answer: South Africa
Indian Constitution has borrowed two features viz. procedure for amendment of the Constitution and election of members of Rajya Sabha from the South African Constitution.
9. Which of the following parts/provisions of the Indian Constitution cannot be amended?
- Preamble to the Constitution
- Directive Principles of State Policy
- Fundamental Rights
- Judicial Review
Show Answer
Answer: Judicial Review
Judicial Review forms a part of the basic structure of the Constitution which cannot be altered by the amendment procedure.
10. A Constitution Amendment Bill has also provisions pertaining to the imposition, abolition, remission, alteration, or regulation of a tax. Which of the following statements would hold correct for such a bill?
- This bill will need prior approval of the president to get introduced
- This bill can originate only in Lok Sabha
- This bill can originate only in Rajya Sabha
- This bill can originate in either Rajya Sabha or Lok Sabha
Show Answer
Answer: This bill can originate in either Rajya Sabha or Lok Sabha
It is essential to recognize that any constitutional amendment bill, even if all its provisions align with Article 110(1) of the Constitution regarding Money Bills, is not treated as a Money Bill. This is because amendments are governed by Article 368, which supersedes the provisions regarding Money Bills. Consequently, a constitutional amendment bill can originate in either house of Parliament.
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