UPSC CSE Prelims
Amendment of the Constitution Previous Year Questions (PYQs)

Detailed Explanation:

✅ Statement I is Correct: Any amendment affecting the Union List (Seventh Schedule) changes the distribution of legislative powers between the Centre and States. Therefore, it requires ratification by at least half of the State Legislatures under Article 368.

✅ Statement II is Correct: Changes in the extent of the executive power of a State affect Centre-State relations and also require ratification by not less than one-half of the States.

❌ Statement III is Incorrect: The conditions of the Governor's office can be amended by Parliament through the special majority procedure and do not require State ratification.

Therefore, only I and II require ratification by at least half of the States.

📝 Short Notes: Constitutional Amendments Requiring State Ratification

Key Fact:

Under Article 368, certain federal provisions can be amended only after ratification by not less than one-half of the State Legislatures.

Detailed Explanation:

Answer: Option 4 — 1, 2 and 3

Article 368 of the Indian Constitution provides Parliament with comprehensive powers to amend the Constitution through three distinct methods: addition (inserting new provisions), variation (modifying existing provisions), and repeal (removing provisions). This flexibility ensures the Constitution remains a living document capable of adapting to changing social, political, and economic needs while maintaining constitutional continuity.

✅ Statement 1 (Addition) – Correct: Parliament can add new provisions to the Constitution, such as the insertion of Article 15(5) through the 93rd Amendment Act, 2005, allowing reservations in educational institutions.

✅ Statement 2 (Variation) – Correct: Parliament can modify existing constitutional provisions, as demonstrated by the 42nd Amendment Act, 1976, which altered the Preamble and various other articles.

✅ Statement 3 (Repeal) – Correct: Parliament can remove constitutional provisions entirely, exemplified by the 26th Amendment Act, 1971, which abolished privy purses for former rulers of princely states.

📝 Short Notes: Constitutional Amendment Powers under Article 368

• Article 368: Provides the procedure and power to Parliament to amend any provision of the Constitution, making it neither too rigid nor too flexible.
• Three Methods of Amendment: Addition (inserting new articles/clauses), Variation (modifying existing provisions), and Repeal (removing provisions completely).
• Amending Process: Requires a special majority (majority of total membership + 2/3rd of members present and voting) in both Houses of Parliament; some amendments also require ratification by at least half of the state legislatures.
• Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), limiting Parliament's amending power—certain fundamental features cannot be altered or destroyed.
• Types of Amendments: Simple majority amendments (e.g., creation/abolition of states), special majority amendments (most provisions), and special majority plus state ratification (federal provisions, representation, etc.).
• Notable Amendments: 42nd Amendment (Mini-Constitution), 44th Amendment (restored some rights curtailed during Emergency), 73rd & 74th Amendments (local self-governance), 101st Amendment (GST).

Detailed Explanation:

Answer: Option 1 — 1, 2 and 3

The 71st Constitutional Amendment Act, 1992 added three languages to the Eighth Schedule of the Indian Constitution: Konkani, Manipuri, and Nepali. This brought the total number of scheduled languages from 15 to 18. Maithili was not part of this amendment; it was added later through the 92nd Amendment Act, 2003, along with Bodo, Dogri, and Santhali.

📝 Short Notes: Eighth Schedule and Amendment of Languages

• Eighth Schedule Overview: The Eighth Schedule of the Constitution contains the list of official languages recognized by India. Originally, it included 14 languages when the Constitution came into force in 1950. These languages enjoy constitutional recognition, government support for development, and can be used in parliamentary proceedings and competitive examinations.
• 21st Amendment Act, 1967: This was the first amendment to the Eighth Schedule, adding Sindhi as the 15th language to recognize the linguistic identity of the Sindhi-speaking community displaced during partition.
• 71st Amendment Act, 1992: Added three languages - Konkani (spoken in Goa and neighboring states), Manipuri or Meitei (official language of Manipur), and Nepali (spoken in Sikkim, Darjeeling, and parts of Northeast India) - increasing the total to 18 languages.
• 92nd Amendment Act, 2003: Added four languages - Bodo, Dogri, Maithili, and Santhali - bringing the current total to 22 scheduled languages, recognizing India's vast linguistic diversity.
• Significance of Scheduled Languages: Languages in the Eighth Schedule are entitled to representation on official language commissions, can be used in UPSC and other competitive examinations, and receive government support for their development and promotion.
• Classical Languages: Six languages have been accorded 'Classical Language' status separately - Tamil (2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014). This status is distinct from scheduled language status and recognizes ancient literary heritage.
• Criteria for Inclusion: Though no fixed constitutional criterion exists, languages with significant number of speakers, rich literary tradition, and cultural significance are generally considered. Several languages including Tulu, Bhojpuri, and Rajasthani have ongoing demands for inclusion.
• Constitutional Provisions: Article 344 provides for the Constitution of a Commission and a Committee of Parliament on official languages. Article 351 directs the Union to promote Hindi and draw upon Sanskrit and other Eighth Schedule languages for its enrichment.

Detailed Explanation:

Answer: Option 1 — 1st Amendment

The First Constitutional Amendment Act (1951) was enacted specifically to overcome judicial interpretations that restricted the government's ability to implement land reforms and social welfare measures. The Supreme Court had struck down several state legislations on land reforms and caste-based reservations as violations of Fundamental Rights, prompting Parliament to amend the Constitution. The amendment introduced Articles 15(4), 31A, and 31B, created the Ninth Schedule, and added reasonable restrictions to Article 19 to address these judicial obstacles.

📝 Short Notes: First Amendment Act, 1951

• Historical Context: The amendment was necessitated by the conflict between the judiciary's protection of individual rights and the government's commitment to socio-economic transformation through land reforms and affirmative action.
• Parliamentary Response: This was Parliament's first assertion of its power to amend Fundamental Rights to fulfill the Directive Principles of State Policy.
• UPSC Note: This question was dropped from the Prelims 2023 final answer key, possibly due to ambiguity or controversy regarding the interpretation.

Detailed Explanation:

Answer: Option 2 — 2 and 3 only

This question tests knowledge about the procedure for Constitutional Amendment under Article 368. Statement 1 is incorrect because a Constitution Amendment Bill does not require prior recommendation of the President and can be introduced by any member. Statements 2 and 3 are correct regarding Presidential assent being obligatory and the special majority requirement in both Houses without provision for joint sitting.

❌ Statement 1 – Incorrect: A Constitution Amendment Bill can be introduced by a minister or private member without prior recommendation of the President, unlike Money Bills or Bills affecting state powers under Article 368(2).

✅ Statement 2 – Correct: The 24th Constitutional Amendment (1971) made Presidential assent obligatory for Constitution Amendment Bills by amending Article 368, removing Presidential discretion in this matter.

✅ Statement 3 – Correct: Constitution Amendment Bills must be passed by special majority (majority of total membership and 2/3rd of members present and voting) in both Houses separately, with no provision for joint sitting.

📝 Short Notes: Constitutional Amendment Procedure (Article 368)

Detailed Explanation:

Answer: Option 4 — Neither 1 nor 2

Both statements are incorrect because they use the word 'defines' and 'provides', suggesting explicit mention in the Constitution, which is not the case. The basic structure doctrine and judicial review are both judicially evolved concepts derived from constitutional interpretation, not explicitly defined provisions.

❌ Statement 1 – Incorrect: The Constitution does not define its 'basic structure' anywhere in its text. The basic structure doctrine was judicially evolved by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), identifying unamendable core features like federalism, secularism, and democracy.

❌ Statement 2 – Incorrect: The Constitution does not explicitly 'provide for' judicial review as a named power. Judicial review is an implicit power derived from Articles 13, 32, 226, and other provisions, enabling courts to examine the constitutionality of laws and executive actions.

📝 Short Notes: Basic Structure Doctrine and Judicial Review

Detailed Explanation:

Answer: Option 1 — Jawaharlal Nehru

The Ninth Schedule was introduced through the Constitution (First Amendment) Act, 1951, during the prime ministership of Jawaharlal Nehru. This amendment was enacted to protect land reform and other socio-economic legislation from judicial review on grounds of violating fundamental rights, particularly the right to property under Article 31. Prime Minister Nehru personally introduced this amendment bill in the Lok Sabha to safeguard progressive legislative measures aimed at social and economic transformation.

📝 Short Notes: Ninth Schedule

• Introduction: Added by the First Constitutional Amendment Act, 1951 during Nehru's tenure as Prime Minister.
• Purpose: To protect laws placed in it from judicial review on grounds of violation of fundamental rights, especially Article 14, 19, and the erstwhile Article 31.
• Initial Focus: Primarily contained laws related to land reforms and abolition of zamindari system.
• Supreme Court Verdict (I.R. Coelho case, 2007): Laws in the Ninth Schedule can be subject to judicial review if they violate the basic structure of the Constitution, particularly after April 24, 1973.
• Current Status: Contains over 280 Acts and Regulations protecting various state and central laws.
• Key Legislation Protected: Land ceiling acts, abolition of intermediaries, reservation laws, and other socio-economic reform measures.

Detailed Explanation:

Answer: Option 2 — 2 only

Statement 1 is incorrect because the 44th Amendment (1978) actually restored judicial review of elections of the President, Vice President, Prime Minister, and Speaker, which had been removed by the 39th Amendment. Statement 2 is correct as the Supreme Court struck down the 99th Constitutional Amendment Act, 2014, which established the National Judicial Appointments Commission (NJAC), holding that it violated the independence of the judiciary—a basic feature of the Constitution.

❌ Statement 1 – Incorrect: The 44th Amendment restored judicial review of the Prime Minister's election, not placed it beyond review (the 39th Amendment had removed such review).

✅ Statement 2 – Correct: The 99th Amendment (2014) establishing NJAC was struck down by the Supreme Court in 2015 for violating judicial independence.

📝 Short Notes: Constitutional Amendments and Judicial Review

• Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), it holds that certain fundamental features of the Constitution cannot be amended by Parliament, including judicial independence.
• Collegium System: A system of appointing judges evolved through judicial pronouncements (Second and Third Judges Cases), where senior SC judges recommend appointments.
• NJAC Composition: Included CJI, two senior SC judges, Union Law Minister, and two eminent persons—SC held this compromised judicial primacy in appointments.
• Judicial Independence: Core element ensuring judiciary remains free from executive and legislative interference, essential for constitutional democracy.

Detailed Explanation:

Answer: Option 1 — 1 only

The Parliament of India can indeed place laws in the Ninth Schedule through constitutional amendments to protect them from judicial review. However, the protection is not absolute—after the I.R. Coelho judgment (2007), laws placed in the Ninth Schedule after April 24, 1973, can be challenged if they violate the Basic Structure of the Constitution.

✅ Statement 1 – Correct: Parliament has the power to place laws in the Ninth Schedule through constitutional amendments, as it did first through the First Amendment Act, 1951.

❌ Statement 2 – Incorrect: The validity of Ninth Schedule laws can be examined by courts if they violate the Basic Structure doctrine, especially those added after April 24, 1973 (as per Kesavananda Bharati and I.R. Coelho cases).

📝 Short Notes: Ninth Schedule of the Constitution

• Introduction: Added by the First Constitutional Amendment Act, 1951, to protect land reform and other laws from judicial review.
• Purpose: Laws placed in the Ninth Schedule are protected from being challenged on the ground of violation of Fundamental Rights under Part III.
• Kesavananda Bharati Case (1973): Established the Basic Structure doctrine, limiting Parliament's amending power.
• I.R. Coelho Case (2007): Supreme Court held that laws placed in the Ninth Schedule after April 24, 1973, can be subject to judicial review if they violate the Basic Structure of the Constitution.
• Current Status: The Ninth Schedule currently contains 284 Acts and Regulations (as amended up to the 103rd Amendment).
• Limitation: While the Ninth Schedule provides protection, it is not a blanket immunity—the doctrine of Basic Structure acts as a constitutional safeguard against arbitrary laws.

Detailed Explanation:

Answer: Option 2 — Participation of workers in management of industries

Article 43A, which mandates participation of workers in the management of industries, was added to the Directive Principles of State Policy by the 42nd Constitutional Amendment Act of 1976. This provision was introduced to promote industrial democracy and ensure that workers have a meaningful role in decision-making within industrial establishments. The other options—equal pay for equal work (Article 39(d)), right to work and education (Article 41), and securing living wage (Article 43)—were all part of the original Constitution adopted in 1950.

Why other options are incorrect:
❌ Option 1 – Equal pay for equal work: This was already present in Article 39(d) of the original Constitution.
❌ Option 3 – Right to work, education and public assistance: This was included in Article 41 of the original Constitution.
❌ Option 4 – Securing living wage and human conditions: This was part of Article 43 in the original Constitution itself.

Detailed Explanation:

❌ Statement 1 – Incorrect: A constitutional amendment bill can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha), not just Lok Sabha.

❌ Statement 2 – Incorrect: Amendments affecting the federal character require ratification by legislatures of at least half of the states, not all states.