Major Amendments — Set 19
Constitution Special · प्रमुख संशोधन · Questions 181–190 of 200
The 86th Amendment substituted which Article 45 relating to early childhood care?
Correct Answer: C. Article 45 now directs the State to provide early childhood care and education for children below 6 years
The 86th Amendment of 2002 substituted Article 45 with a new provision directing the State to endeavour to provide early childhood care and education for all children until they complete the age of six years. The original Article 45 had directed the State to provide free and compulsory education for children up to 14 years within ten years of the Constitution's commencement. After the 86th Amendment inserted Article 21A making education a Fundamental Right for 6-14 age group, the amended Article 45 now covers the pre-school age group of below 6 years as a Directive Principle.
Which amendment introduced the concept of 'Gram Sabha' at the grassroots level?
Correct Answer: B. 73rd Amendment
The 73rd Constitutional Amendment of 1992 introduced the concept of Gram Sabha as the foundation of the Panchayati Raj system. Article 243A defines Gram Sabha as a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level. The Gram Sabha serves as the primary body of grassroots democracy where all adult voters of a village can participate directly in governance. State Legislatures are empowered to define the powers and functions to be exercised by the Gram Sabha.
What is the term of office of members of Panchayats as prescribed under the 73rd Amendment?
Correct Answer: C. 5 years
Article 243E, inserted by the 73rd Constitutional Amendment of 1992, provides that every Panchayat shall continue for five years from the date appointed for its first meeting. In case a Panchayat is dissolved before the expiry of its term, fresh elections must be held within six months. If the remaining period after dissolution is less than six months, elections need not be held. The members of the reconstituted Panchayat after mid-term dissolution shall hold office only for the remainder of the period for which the dissolved Panchayat would have continued.
The 73rd Amendment mandates reservation of not less than what fraction of total seats for women in Panchayats?
Correct Answer: B. One-third
Article 243D, inserted by the 73rd Constitutional Amendment, requires that not less than one-third of the total seats in Panchayats at all levels shall be reserved for women. This one-third reservation also applies to the offices of Chairpersons at all levels of Panchayats. Some States have voluntarily increased the reservation for women in Panchayats to 50%, such as Bihar, Rajasthan, Madhya Pradesh, and Uttarakhand. This reservation has significantly enhanced the participation of women in rural governance across India.
The 101st Amendment subsumed which taxes into GST? (Select the best answer)
Correct Answer: B. Central Excise Duty, Service Tax, VAT and other indirect taxes
The 101st Amendment of 2016 introduced GST which subsumed a large number of central and state indirect taxes including Central Excise Duty, Service Tax, Countervailing Duty (CVD), Special Additional Duty (SAD), Value Added Tax (VAT), Central Sales Tax (CST), Octroi, Entry Tax, Luxury Tax, and Entertainment Tax (except those levied by local bodies). However, Customs Duty, Central Excise on petroleum products (temporarily), and stamp duty were kept outside GST. This 'one nation one tax' reform aimed at eliminating the cascading effect of multiple taxes.
Which article of the Constitution, introduced by the 101st Amendment, gives both Parliament and State Legislatures power to make laws on GST?
Correct Answer: C. Article 246A
Article 246A, inserted by the 101st Constitutional Amendment of 2016, confers concurrent power on both Parliament and State Legislatures to make laws with respect to goods and services tax. This is an exception to the normal distribution of legislative powers under Articles 245, 246, and the Seventh Schedule. For inter-state supply, Parliament has exclusive power under Article 269A. Article 246A represents a fundamental change in India's fiscal federalism by creating a truly concurrent field of taxation shared between the Centre and States.
Which amendment provided constitutional recognition to the State Finance Commission for recommending devolution of funds to local bodies?
Correct Answer: D. Both 73rd and 74th Amendments
Both the 73rd and 74th Constitutional Amendments of 1992 provided for the establishment of State Finance Commissions (SFCs) to review the financial position of Panchayats and Municipalities respectively. Article 243I (for Panchayats) and Article 243Y (for Urban Local Bodies) require each State to constitute a State Finance Commission every five years. The SFC makes recommendations on the principles governing distribution of funds between the State and local bodies, grants-in-aid, and measures for improving the financial position of local bodies. The Governor of the State is required to cause every recommendation of the SFC to be laid before the State Legislature.
The 52nd Amendment introduced the Tenth Schedule. Which court case initially upheld this Schedule?
Correct Answer: B. Kihoto Hollohan v. Zachillhu (1992)
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the validity of the Tenth Schedule (Anti-defection law) with a majority of 3:2. The court held that the Tenth Schedule does not violate the basic structure of the Constitution and is a valid exercise of Parliament's power to amend the Constitution. However, the court also held that the decision of the Speaker/Chairman on disqualification is subject to judicial review by courts on grounds of mala fides, perversity, or violation of natural justice. This case remains the leading authority on anti-defection law.
How many Fundamental Duties are there in Article 51A after the 86th Amendment?
Correct Answer: D. 11
Article 51A was originally inserted by the 42nd Amendment of 1976 with ten Fundamental Duties. The 86th Constitutional Amendment of 2002 added an eleventh Fundamental Duty under Article 51A(k), which requires every parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years. These duties are non-justiciable, meaning they cannot be enforced by courts, but courts have used them as aids to interpretation of legislation. The Swaran Singh Committee had recommended including Fundamental Duties in the Constitution.
The 102nd Amendment inserted Article 338B. What does this article establish?
Correct Answer: C. National Commission for Backward Classes
Article 338B, inserted by the 102nd Constitutional Amendment Act of 2018, establishes the National Commission for Backward Classes (NCBC) as a constitutional body. The NCBC consists of a Chairperson, Vice-Chairperson, and three other members appointed by the President. The Commission has the duty to investigate and monitor all matters relating to the safeguards provided under the Constitution for socially and educationally backward classes. It also inquires into specific complaints about deprivation of rights, and makes recommendations to improve their conditions.