Major Amendments — Set 17
Constitution Special · प्रमुख संशोधन · Questions 161–170 of 200
The 99th Constitutional Amendment Act of 2014 established which judicial appointment body?
In which year did the Supreme Court strike down the NJAC (99th Amendment) as unconstitutional?
The 101st Constitutional Amendment Act of 2016 introduced which major tax reform?
The 101st Amendment inserted Article 279A establishing which council?
Which article was deleted by the 101st Amendment relating to service tax by Centre on services?
The 102nd Constitutional Amendment Act of 2018 granted constitutional status to which commission?
Article 342A, inserted by the 102nd Amendment, deals with which category?
The 103rd Constitutional Amendment Act of 2019 provided reservation for which category?
The 103rd Amendment added clause (6) to Articles 15 and 16. What is the maximum annual family income limit for EWS category?
Article 368 of the Constitution deals with which power of Parliament?
Q: The 99th Constitutional Amendment Act of 2014 established which judicial appointment body?
Answer: National Judicial Appointments Commission (NJAC)
Explanation: The 99th Constitutional Amendment Act of 2014 established the National Judicial Appointments Commission (NJAC) to replace the existing collegium system for appointing judges to the Supreme Court and High Courts. The NJAC was composed of the Chief Justice of India (as chairperson), two senior Supreme Court judges, the Union Law Minister, and two eminent persons. The amendment inserted Article 124A, 124B, and 124C into the Constitution. However, the Supreme Court struck down the 99th Amendment and the NJAC Act in 2015 as unconstitutional.
Q: In which year did the Supreme Court strike down the NJAC (99th Amendment) as unconstitutional?
Answer: 2015
Explanation: The Supreme Court struck down the National Judicial Appointments Commission (NJAC) and the 99th Constitutional Amendment in October 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. The court held that the NJAC violated the basic structure of the Constitution as it undermined the independence of the judiciary. The five-judge constitutional bench ruled by a 4:1 majority that judicial independence is a part of the basic structure and cannot be abridged. As a result, the collegium system of judicial appointments was restored.
Q: The 101st Constitutional Amendment Act of 2016 introduced which major tax reform?
Answer: Goods and Services Tax (GST)
Explanation: The 101st Constitutional Amendment Act of 2016 introduced the Goods and Services Tax (GST) in India, which replaced a large number of central and state indirect taxes with a unified tax. This amendment inserted Article 246A giving both Parliament and State Legislatures concurrent powers to make laws on GST. It also inserted Article 269A for levy and collection of GST on inter-state supply of goods and services. The GST was implemented across India from 1st July 2017.
Q: The 101st Amendment inserted Article 279A establishing which council?
Answer: GST Council
Explanation: The 101st Constitutional Amendment of 2016 inserted Article 279A, which provides for the establishment of a GST Council. The GST Council is a constitutional body comprising the Union Finance Minister (as chairperson), Union Minister of State for Finance, and Finance Ministers of all State Governments. The Council makes recommendations on all GST-related matters including rates, exemptions, and threshold limits. Decisions of the GST Council require a three-fourths majority where the Centre has one-third voting weight and States combined have two-thirds.
Q: Which article was deleted by the 101st Amendment relating to service tax by Centre on services?
Answer: Article 268A
Explanation: The 101st Constitutional Amendment of 2016 deleted Article 268A, which had been inserted by the 88th Amendment in 2003 and provided for levying service tax by the Centre with revenues shared between Centre and States. With the introduction of GST through the 101st Amendment, service tax was subsumed into GST, rendering Article 268A redundant. The amendment restructured the entire scheme of taxation on goods and services in India. Article 246A was inserted to give concurrent power to both Centre and States to legislate on GST.
Q: The 102nd Constitutional Amendment Act of 2018 granted constitutional status to which commission?
Answer: National Commission for Backward Classes (OBC Commission)
Explanation: The 102nd Constitutional Amendment Act of 2018 granted constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338B into the Constitution. The NCBC was previously a statutory body under the National Commission for Backward Classes Act of 1993. The amendment also inserted Article 342A, which empowers the President to specify Socially and Educationally Backward Classes (SEBCs) in any State or Union Territory. The Commission has the mandate to investigate and monitor matters relating to OBC welfare and safeguards.
Q: Article 342A, inserted by the 102nd Amendment, deals with which category?
Answer: Socially and Educationally Backward Classes (OBCs)
Explanation: Article 342A, inserted by the 102nd Constitutional Amendment Act of 2018, empowers the President to specify Socially and Educationally Backward Classes (SEBCs) in any State or Union Territory in consultation with the Governor of that State. The Central List of OBCs is prepared by the President, and any inclusion or exclusion from this list can only be done by Parliament through law. The Supreme Court examined the scope of Article 342A in the Maratha reservation case (Maharashtra v. Jayashree case, 2021) and held that states cannot prepare their own separate OBC lists for central purposes.
Q: The 103rd Constitutional Amendment Act of 2019 provided reservation for which category?
Answer: Economically Weaker Sections (EWS)
Explanation: The 103rd Constitutional Amendment Act of 2019 provided for 10% reservation in government jobs and educational institutions for Economically Weaker Sections (EWS) of citizens not covered under existing SC/ST/OBC reservations. The amendment inserted clause (6) in both Article 15 and Article 16 to enable this reservation. This brought the total reservation in government employment and education to potentially 60% (50% existing + 10% EWS). The Supreme Court upheld the 103rd Amendment in the Janhit Abhiyan v. Union of India case in November 2022.
Q: The 103rd Amendment added clause (6) to Articles 15 and 16. What is the maximum annual family income limit for EWS category?
Answer: Rs. 8 lakh
Explanation: The government notification implementing the 103rd Amendment set the annual family income ceiling for Economically Weaker Sections (EWS) at Rs. 8 lakh per year along with other criteria relating to land and property. Persons belonging to families with annual income below Rs. 8 lakh and not owning significant agricultural land or urban property qualify for EWS reservation. The EWS reservation is applicable in government jobs and admissions to central educational institutions. The amendment was challenged in the Supreme Court, which upheld it by a 3:2 majority in November 2022.
Q: Article 368 of the Constitution deals with which power of Parliament?
Answer: Power to amend the Constitution
Explanation: Article 368 of Part XX of the Constitution deals with the power of Parliament to amend the Constitution and the procedure therefor. Article 368(1) states that 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. The amendment procedure varies depending on the type of provision being amended — some require a simple majority, others a special majority, and some require special majority plus state ratification. The scope of Article 368 has been extensively interpreted by the Supreme Court.