Major Amendments — Set 20

Correct Answer: B. Janhit Abhiyan v. Union of India (2022)

The 103rd Constitutional Amendment providing 10% reservation for Economically Weaker Sections (EWS) was challenged in the case of Janhit Abhiyan v. Union of India before the Supreme Court. The Supreme Court, in its judgment delivered on 7 November 2022, upheld the 103rd Amendment by a 3:2 majority. Justice Dinesh Maheshwari, Justice Bela Trivedi, and Justice J.B. Pardiwala upheld the amendment, while Chief Justice Lalit and Justice S. Ravindra Bhat dissented. The court held that EWS reservation does not violate the basic structure of the Constitution.

Correct Answer: C. 26th Amendment

The 26th Constitutional Amendment Act of 1971 abolished the privy purses and privileges of the former rulers of Indian princely states by inserting Articles 363A and removing Article 291. Privy purses were annual payments guaranteed to former princes at the time of their integration with India. Prime Minister Indira Gandhi's government passed this amendment as part of its 'Garibi Hatao' campaign. The original Presidential order derecognizing the princes in 1969 was struck down by the Supreme Court, after which the constitutional amendment route was adopted.

Correct Answer: A. 1st Amendment

The 1st Constitutional Amendment of 1951 added the Ninth Schedule to the Constitution. The Ninth Schedule was created to protect land reform laws from being challenged in courts on the grounds of violation of Fundamental Rights, especially the right to property. Laws included in the Ninth Schedule were originally beyond the purview of judicial review. However, in I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws added to the Ninth Schedule after 24 April 1973 (the date of Keshavananda Bharati judgment) can be subject to judicial review if they violate the basic structure.

Correct Answer: C. No change to Article 1 was made

The 42nd Amendment did not change Article 1 of the Constitution. Article 1 continues to state that India, that is Bharat, shall be a Union of States. The 42nd Amendment's most notable changes were to the Preamble (adding Socialist, Secular, Integrity), Part III, Part IV, Part IVA, and the administrative provisions. The description of India as a 'Union of States' rather than a 'Federation of States' was part of the original Constitution from 1950. The term 'Union' was deliberately chosen by the Constituent Assembly to indicate that the Union is indestructible.

Correct Answer: C. Three lakh

Article 243S, inserted by the 74th Constitutional Amendment of 1992, makes it mandatory for States to constitute Ward Committees consisting of one or more wards within the territorial area of a Municipality having a population of three lakh or more. Ward Committees serve as the urban counterpart of the Gram Sabha in rural areas, enabling citizen participation at the ward level in urban governance. The composition and functions of Ward Committees are determined by the State Legislature. However, implementation of this provision has been uneven across different states.

Correct Answer: B. 69th Amendment

The 69th Constitutional Amendment Act of 1991 gave constitutional status to the National Capital Territory of Delhi. It inserted Articles 239AA and 239AB into the Constitution, providing for a Special Assembly and Council of Ministers for Delhi. Article 239AA establishes a Legislative Assembly for Delhi with limited legislative powers. The legislative competence of Delhi's Assembly excludes entries relating to public order, police, and land from the State List. The governance of Delhi has been subject to significant legal disputes about the division of powers between the elected government and the Lieutenant Governor.

Correct Answer: C. 81

Under the 91st Constitutional Amendment of 2003, the size of the Union Council of Ministers including the Prime Minister cannot exceed 15% of the total membership of the Lok Sabha. Since the Lok Sabha has 543 elected members, 15% of 543 equals approximately 81.45, meaning a maximum of 81 ministers can be appointed. Before this amendment, there was no constitutional cap on the number of ministers, which led to oversized cabinets driven by coalition politics. The amendment was recommended by the National Commission to Review the Working of the Constitution (NCRWC).

Correct Answer: C. Provisions relating to creation of new states (Article 3)

Certain provisions of the Constitution can be amended by a simple majority of Parliament — the same majority required for passing ordinary legislation. These include provisions relating to formation of new States, alteration of boundaries, names of existing States (Article 3), creation or abolition of legislative councils in States (Articles 169), and provisions in the 5th and 6th Schedules. These are technically not 'amendments' under Article 368 at all and do not require the special majority procedure. The distinction is important as it affects the degree of difficulty in changing these provisions.

Correct Answer: C. 106 times

As of 2024, the Indian Constitution has been amended 106 times, with the 106th Amendment Act being the latest. The 105th Amendment of 2021 restored the power of States and Union Territories to identify Socially and Educationally Backward Classes (OBCs). The 106th Amendment of 2023 (Constitution 106th Amendment Act) provided for one-third reservation for women in the Lok Sabha and State Legislative Assemblies (Nari Shakti Vandan Adhiniyam). India's Constitution is among the most frequently amended constitutions in the democratic world.

Correct Answer: C. Lok Sabha and State Legislative Assemblies

The 106th Constitutional Amendment Act of 2023, known as the Constitution (One Hundred and Sixth Amendment) Act or the Nari Shakti Vandan Adhiniyam, provides for reservation of one-third seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly. The reservation will come into effect after the next census and subsequent delimitation of constituencies. It inserted Article 330A and Article 332A into the Constitution. The reservation applies to seats reserved for Scheduled Castes and Scheduled Tribes as well, with one-third of those reserved seats going to women.