Major Amendments — Set 16

Correct Answer: B. Panchayati Raj Institutions

The 73rd Constitutional Amendment Act of 1992 gave constitutional status to Panchayati Raj Institutions (PRIs), which are local self-government bodies in rural areas. It added Part IX to the Constitution with Article 243 and related provisions. The amendment provides for three-tier Panchayati Raj system at the village, intermediate, and district levels. It mandates reservation of seats for Scheduled Castes, Scheduled Tribes, and women (at least one-third) in Panchayat bodies.

Correct Answer: B. Urban Local Bodies (Municipalities)

The 74th Constitutional Amendment Act of 1992 gave constitutional status to Urban Local Bodies including Municipal Corporations, Municipal Councils, and Nagar Panchayats. It added Part IXA to the Constitution with Article 243P and related provisions. The amendment mandates the establishment of Ward Committees in municipalities with a population of three lakh or more. Similar to the 73rd Amendment, it requires reservation for SCs, STs, and women in urban local bodies.

Correct Answer: C. 11th Schedule

The 73rd Constitutional Amendment added the 11th Schedule to the Constitution which contains a list of 29 subjects over which the Panchayats may be given powers and authority by the State Legislature. These subjects include agriculture, land improvement, minor irrigation, animal husbandry, fisheries, social forestry, rural electrification, and others. The 12th Schedule, added by the 74th Amendment, lists 18 subjects for Municipalities. The distribution of functions to local bodies is left to the discretion of State governments.

Correct Answer: B. Article 21A

The 86th Constitutional Amendment Act of 2002 inserted Article 21A into the Constitution, making the right to free and compulsory education a Fundamental Right for children between 6 and 14 years of age. This amendment made India one of the countries that guarantees education as a fundamental right. The Right to Education Act (RTE) of 2009 was subsequently enacted to give effect to this constitutional provision. The 86th Amendment also amended Article 45 (Directive Principle) and Article 51A (Fundamental Duty) to align with the new provision.

Correct Answer: B. 6 to 14 years

Article 21A, inserted by the 86th Constitutional Amendment of 2002, guarantees free and compulsory education to children between the ages of 6 and 14 years. The State is obligated to provide education to every child in this age group. The Right of Children to Free and Compulsory Education (RTE) Act of 2009 operationalised this right and came into force in 2010. Children between 6 and 14 years have an enforceable right under this provision.

Correct Answer: B. Size of Council of Ministers

The 91st Constitutional Amendment Act of 2003 amended Article 75 and Article 164 to limit the size of the Council of Ministers at the Centre and in the States. The amendment provides that the total number of Ministers including the Prime Minister shall not exceed 15% of the total number of members in the Lok Sabha. Similarly, for States, the Cabinet size cannot exceed 15% of the total strength of the State Legislative Assembly. The minimum prescribed is 12 ministers in case of smaller states.

Correct Answer: C. 15%

The 91st Constitutional Amendment of 2003 caps the size of the Council of Ministers (including the Prime Minister) at the Centre at 15% of the total membership of the Lok Sabha. Since the Lok Sabha has 543 elected members, the maximum permissible size of the Central Cabinet is approximately 81 ministers. The amendment was enacted to reduce political instability caused by oversized cabinets and defection-driven ministry expansions. The same 15% cap applies to State Cabinets relative to the strength of their respective Legislative Assemblies.

Correct Answer: B. Anti-defection law (10th Schedule)

The 91st Amendment of 2003 amended the Tenth Schedule (Anti-defection law) by eliminating the exemption that allowed a merger of 1/3rd of a legislative party to escape disqualification. Under the revised provision, a member is disqualified if he voluntarily gives up party membership or votes against party directions, and there is no exception for split or merger under 1/3rd threshold. Now only a merger involving at least 2/3rd of the original party's legislators is recognized. This change was aimed at reducing political defections and promoting party discipline.

Correct Answer: C. Cooperative Societies

The 97th Constitutional Amendment Act of 2011 gave constitutional status to cooperative societies in India. It inserted the words 'or co-operative societies' in Article 19(1)(c), making the right to form cooperative societies a Fundamental Right. The amendment inserted Part IXB with Article 243ZH to 243ZT dealing with cooperative societies. It also inserted Article 43B as a new Directive Principle directing the State to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Correct Answer: C. Part IXB

The 97th Constitutional Amendment of 2011 inserted Part IXB (Articles 243ZH to 243ZT) into the Constitution to give constitutional recognition to cooperative societies. This part provides for incorporation, management, audit, dissolution, and elections of cooperatives. The Supreme Court in State of Maharashtra v. Maruti Shankar More case examined the scope of this amendment. However, the Gujarat High Court and later the Supreme Court raised questions about state-level cooperative societies and whether Parliament had the power to regulate them under this amendment.