1. Consider the following provisions in the Indian Constitution:
(1) Formation of new States and alteration of areas, boundaries or names of the existing States
(2) Privileges of the Parliament, its members and its Committees
(3) Conferment of more jurisdictions on the Supreme Court
(4) Elections to the Parliament and the State Legislatures
(5) The Fifth Schedule and Sixth Schedule - administration of Scheduled Areas
Which of the provisions given above can be amended by simple majority of the Parliament?
(a) 1 and 2
(b) 1, 2 and 5 only
(c) 1, 2 and 3 only
(d) 1, 2, 3, 4 and 5
Answer: (d) Explanation: Article 368 provides for two types of amendments firstly, by a special majority of Parliament and secondly, special majority along with ratification by half of the State Legislatures by a simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.
These provisions include:
1. Admission or establishment of new States.
2. Formation of new States and alteration of areas, boundaries or names of existing States.
3. Privileges of the Parliament, its members and its Committees.
4. Conferment of more jurisdictions on the Supreme Court.
5. Elections to the Parliament and the State Legislatures.
6. Fifth Schedule—administration of Scheduled Areas and Scheduled Tribes.
7. Sixth Schedule—administration of tribal areas. As, all the provisions provided can be amended by simple majority. Hence, all the given provisions are correct.
2. Regarding ‘Effect of National Emergency on Fundamental Rights’, consider the following provisions in the Constitution of India:
(1) In case of proclamation of National Emergency due to war or external aggression, the fundamental rights under Article 19 are automatically suspended.
(2) Enforcement of all other fundamental rights in Part III of the Constitution can be suspended by a Presidential order to that effect.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1
Answer: (a) Explanation: Statement 1 is correct: According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required. The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways. Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion. Secondly, only those laws which are related with the Emergency are protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected.
Statement 2 is incorrect: Article 359 authorizes the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency i.e. right to constitutional remedy is suspended. This means that under Article 359, the Fundamental Rights as such are not suspended, but only their enforcement. The said rights are theoretically alive but the right to seek remedy is suspended. The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order and not all other Fundamental Rights. E.g. Article 359 does not empower the suspension of enforcement of the Fundamental Rights under Articles 20 and 21.
3. The Indian Constituent Assembly was established under:
(a) The Government of India Act, 1935
(b) The Cripps Mission, 1942
(c) The Cabinet Mission, 1946
(d) The Indian Independence Act, 1947
Answer: (c) Explanation: The Government of India Act,1935 : This Act ended the system of dyarchy introduced by the Government of India Act 1919 and provided for establishment of a Federation of India to be made up of Provinces of British India and some or all of the Princely States., The Cripps Mission, 1942: Cripps Mission was sent by the British Government in March 1942 to India with key objective to secure Indian cooperation and support for British war efforts. Headed by Sir Stafford Cripps, this mission sought to negotiate an agreement with Indian leaders. The Indian Constituent Assembly was proposed in 1934 by M.N. Roy and it became official demand of the Indian National Congress in 1935. Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent Assembly. The Constitution of India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May 1946. Hence, option (c) is correct. Indian Independence Act, 1947: It was based upon the Mountbatten plan of 3rd June 1947 and was passed by the British Parliament on July 5, 1947. It received royal assent on July 18, 1947.
4. The Constitution of India declares that all ‘laws’ inconsistent with or in derogation of the Fundamental Rights shall be void. The term 'law' here doesn't include which of the following?
(a) Constitutional Amendment Acts
(b) Ordinances issued by the President
(c) Rules and regulations not passed by the Legislature
(d) Customs having the force of law
Answer: (a) Explanation: The term ‘law’ in Article 13 has been given a wide connotation so as to include the following: (a) Permanent laws enacted by the Parliament or the state legislatures; (b) Temporary laws like ordinances issued by the President or the state Governors; Hence option (b) is incorrect. (c) Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification. Hence option (c) is incorrect. (d) Non-legislative sources of law, that is, custom or usage having the force of law.
Hence option (d) is incorrect. Thus, not only legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared null and void. Further, Article 13 declares that a constitutional amendment is not a 'law' in that sense and hence can amend the Constitution. The Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution. But it still doesn't come under the definition of 'law.' Hence option (a) is correct.
5. Consider the following pairs:
Directive Principles : Origin
1. Protection and improvement of environment : The 44th Constitutional Amendment Act, 1978
2. Equal Justice and free legal aid : The 42nd Constitutional Amendment Act, 1976
3. Promotion of Cooperative Societies : The 86th Constitutional Amendment Act, 2002
Which of the pairs given above is/are correctly matched?
(a) 2 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (a) Explanation: Pair 1 is incorrectly matched: Protection and improvement of environment and to safeguard forests and wild life (Article 48 A) was added through 42nd Constitutional Amendment Act, 1976 and not the 44th Constitutional Amendment Act, 1978. Pair 2 is correctly matched: To promote equal justice and free legal aid to the poor (Article 39A) was added through 42nd Constitutional Amendment Act, 1976. Pair 3 is incorrectly matched: Promotion of Cooperative societies (Article 43B) was added through 97th Constitutional Amendment Act, 2011.
• The 44th Constitutional Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38).
• The 86th Constitutional Amendment Act of 2002 changed the subject- matter of Article 45 and made elementary education a fundamental right under Article 21 A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
• The 97th Constitutional Amendment Act of 2011 added a new Directive Principle relating to co-operative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).