Major Amendments — Set 14

Correct Answer: B. Lok Sabha and State Legislative Assemblies only

The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) amended Articles 330A and 332A to provide one-third (33%) reservation for women in Lok Sabha and State Legislative Assemblies. The reservation will apply after the first census conducted after the commencement of this act and subsequent delimitation. The reservation will be effective for a period of 15 years initially. It does not include Rajya Sabha and State Legislative Councils which are not directly elected.

Correct Answer: C. The Basic Structure of the Constitution

As per the Basic Structure doctrine established in Kesavananda Bharati v. State of Kerala (1973), Parliament cannot amend the basic or essential features of the Constitution even by a constitutional amendment. The basic structure includes: democratic republic, parliamentary democracy, federalism, separation of powers, secularism, socialism, judicial review, free and fair elections, rule of law, dignity of the individual, and the harmony between Fundamental Rights and DPSPs. The doctrine is unique to India.

Correct Answer: C. Article 45

The 86th Constitutional Amendment Act, 2002, while inserting Article 21A (Right to Education), also amended Article 45 (DPSP) to change it from 'free and compulsory education for children up to 14 years' to 'early childhood care and education for children below the age of six years'. The free and compulsory education for 6-14 year olds became a Fundamental Right under the newly inserted Article 21A. This amendment also added Article 51A(k) making it a fundamental duty of parents to provide educational opportunities to their children.

Correct Answer: D. 101st Amendment

The 101st Constitutional Amendment Act, 2016 is the GST Amendment. It inserted Article 279A which establishes the Goods and Services Tax Council (GST Council). The Council consists of the Union Finance Minister (Chairperson), the Union Minister of State for Finance (Vice Chairperson), and the Finance Minister of each State. The Council makes recommendations on GST rates, exemptions, and other matters. Decisions are made by a weighted voting system with the Centre having 1/3 votes and states 2/3 votes.

Correct Answer: A. Reservation in promotion for SC/ST

The 85th Constitutional Amendment Act, 2001 amended Article 16(4A) to provide for 'consequential seniority' in the case of SC and ST candidates selected on the basis of merit in direct recruitment. This was meant to protect the seniority rights of SC/ST officers who were promoted under the reservation policy. The amendment was a response to Supreme Court judgments that had affected seniority rights of SC/ST government employees. It ensures that promotions under reservation do not adversely affect seniority.

Correct Answer: C. April 24, 1973

In I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge Constitutional bench held that laws inserted in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) can be subjected to judicial review if they violate the basic structure of the Constitution. Laws placed in the Ninth Schedule before this date enjoy absolute protection from judicial review. This judgment effectively curtailed Parliament's ability to shield laws from judicial scrutiny by adding them to the Ninth Schedule.

Correct Answer: D. Konkani

The 92nd Constitutional Amendment Act, 2003 added four languages — Bodo, Dogri, Maithili, and Santhali — to the Eighth Schedule, bringing the total to 22 languages. Konkani was added earlier by the 71st Constitutional Amendment (1992) along with Manipuri and Nepali. Currently, the Eighth Schedule contains 22 languages: the original 14 languages plus Sindhi (21st Amendment), Konkani, Manipuri, and Nepali (71st Amendment), and Bodo, Dogri, Maithili, and Santhali (92nd Amendment).

Correct Answer: B. Appointment of judges to higher judiciary

The 99th Constitutional Amendment Act, 2014 inserted Article 124A, 124B, and 124C to establish the National Judicial Appointments Commission (NJAC) for appointment of Supreme Court and High Court judges, replacing the collegium system. However, in Supreme Court Advocates-on-Record Association v. Union of India (2015), a five-judge bench by a 4:1 majority struck down the NJAC as unconstitutional, holding that it violated the independence of judiciary, which is part of the basic structure.

Correct Answer: B. Ratification by at least half the State Legislatures

Constitutional Amendment Bills for certain provisions (related to federalism and the federal structure) require ratification by the legislatures of at least half the states (not less than one-half of the total number of states) after being passed by each House of Parliament by a special majority. These provisions include: election of the President, extent of executive power of Union and States, High Court provisions, representation of states in Parliament, and the amendment procedure itself. President's assent is also required.

Correct Answer: C. No Constitutional Amendment — it is an administrative concept

'Special Category States' (SCS) is NOT a constitutional concept — it is an administrative and planning classification introduced by the National Development Council in 1969 based on the Gadgil formula. States with features like hilly terrain, difficult terrain, low population density, large tribal population, backward and non-viable economies, and sensitive locations on international borders are designated as Special Category States. Currently, 11 states have this status. There is no Constitutional Amendment for this — it is determined by the Finance Commission and central government policy.