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Practice paper — Constitution Part XX — Amendment of the Constitution
5 questions · answer key at the end · no time limit
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1.Under Article 368(2), a Bill to amend the Constitution may be initiated:
- (A) Only by the introduction of a Bill for the purpose in either House of Parliament
- (B) In either House of Parliament or in any State Legislature
- (C) Only in the House of the People
- (D) Only on the recommendation of the President
2.What majority is required in each House of Parliament to pass a Constitution Amendment Bill under Article 368(2)?
- (A) A simple majority of members present and voting
- (B) Two-thirds of the total membership of the House
- (C) A majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting
- (D) Three-fourths of the members present and voting
3.An amendment seeking to change which of the following does NOT require ratification by the Legislatures of not less than one-half of the States under the proviso to Article 368(2)?
- (A) Articles 54 and 55 relating to the election of the President
- (B) Any of the Lists in the Seventh Schedule
- (C) The provisions of Article 368 itself
- (D) The Fundamental Rights in Part III
4.Where State ratification is required under the proviso to Article 368(2), the resolutions of the State Legislatures must be passed:
- (A) Within six months of the Bill being passed by Parliament
- (B) Before the Bill making provision for the amendment is presented to the President for assent
- (C) At any time before the amendment is brought into force by notification
- (D) Within the same session in which Parliament passes the Bill
5.Which statement accurately reflects the text of clauses (3), (4) and (5) of Article 368?
- (A) Amendments to Part III require a referendum in addition to the special majority
- (B) Judicial review of constitutional amendments is expressly preserved by clause (4)
- (C) Article 13 does not apply to amendments under Article 368; no amendment, including one affecting Part III, shall be called in question in any court; and there is declared to be no limitation on the constituent power of Parliament
- (D) Clause (5) limits the constituent power of Parliament to matters outside the basic structure
Answer key
1. A2. C3. D4. B5. C
Explanations
- 1. (A) Article 368(2) states that an amendment may be initiated only by the introduction of a Bill for the purpose in either House of Parliament. State Legislatures have no power to initiate constitutional amendments; their role is limited to ratifying certain amendments.
- 2. (C) Article 368(2) requires the Bill to be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. Both limbs of this special majority must be satisfied in each House separately.
- 3. (D) The proviso to Article 368(2) lists Articles 54, 55, 73, 162 and 241; Chapter IV of Part V, Chapter V of Part VI and Chapter I of Part XI; the Lists in the Seventh Schedule; the representation of States in Parliament; and Article 368 itself as matters requiring State ratification. Part III is not in this list, so amendments to Fundamental Rights need only the special majority in Parliament.
- 4. (B) The proviso to Article 368(2) requires that the amendment be ratified by the Legislatures of not less than one-half of the States by resolutions passed before the Bill is presented to the President for assent. The proviso prescribes no time limit such as six months; the only sequencing condition is presentation for assent.
- 5. (C) Clause (3) says nothing in Article 13 applies to amendments made under Article 368; clause (4), inserted by the Forty-second Amendment, says no amendment (including of Part III) shall be called in question in any court on any ground; and clause (5) declares that there shall be no limitation whatever on the constituent power of Parliament. On the bare text there is no referendum requirement and no express preservation of judicial review.