Constitutional Amendment MCQ: Article 368 Procedure & Kesavananda Bharati Case

Attempt the quiz above first, then review every question with its correct answer and a short explanation below.

1. Q1.In which Part of the Constitution is the Amendment procedure mentioned?

   • A.Part XIX
   • B.Part XX✓ Correct Answer
   • C.Part XXI
   • D.Part XXII

   Explanation: Part XX of the Constitution deals with the Amendment of the Constitution.

2. Q2.Which Article of the Indian Constitution deals with the amendment procedure?

   • A.Article 360
   • B.Article 368✓ Correct Answer
   • C.Article 370
   • D.Article 356

   Explanation: Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

3. Q3.From which country’s constitution was the procedure of amendment adopted?

   • A.USA
   • B.Britain
   • C.South Africa✓ Correct Answer
   • D.Canada

   Explanation: The procedure for amendment of the Constitution is borrowed from the Constitution of South Africa.

4. Q4.Who can initiate a bill for the amendment of the Constitution?

   • A.Only Lok Sabha
   • B.Only Rajya Sabha
   • C.Either House of Parliament✓ Correct Answer
   • D.State Legislatures

   Explanation: An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament.

5. Q5.Does the introduction of a constitutional amendment bill require the prior permission of the President?

   • A.Yes
   • B.No✓ Correct Answer
   • C.Only if it affects federal structure
   • D.Only for Money Bills

   Explanation: The bill can be introduced either by a minister or by a private member and does not require prior permission of the President.

6. Q6.Can a Constitutional Amendment Bill be passed by a joint sitting of both Houses?

   • A.Yes
   • B.No✓ Correct Answer
   • C.Only in case of deadlock
   • D.Only with President's consent

   Explanation: Each House must pass the bill separately. There is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

7. Q7.What kind of majority is required to pass a Constitutional Amendment Bill under Article 368?

   • A.Simple Majority
   • B.Special Majority✓ Correct Answer
   • C.Absolute Majority
   • D.Effective Majority

   Explanation: The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.

8. Q8.If the bill seeks to amend the federal provisions of the Constitution, what additional requirement is needed?

   • A.Ratification by all states
   • B.Ratification by half of the states✓ Correct Answer
   • C.Ratification by one-third states
   • D.Approval by Supreme Court

   Explanation: If the bill seeks to amend the federal provisions, it must also be ratified by the legislatures of half of the states by a simple majority.

9. Q9.Which Constitutional Amendment Act made it obligatory for the President to give his assent to a constitutional amendment bill?

   • A.24th Amendment Act, 1971✓ Correct Answer
   • B.42nd Amendment Act, 1976
   • C.44th Amendment Act, 1978
   • D.7th Amendment Act, 1956

   Explanation: The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

10. Q10.Which of the following provisions can be amended by a simple majority of Parliament?

    • A.Fundamental Rights
    • B.Directive Principles of State Policy
    • C.Formation of new states✓ Correct Answer
    • D.Election of the President

    Explanation: Formation of new states and alteration of areas, boundaries or names of existing states can be amended by a simple majority.

11. Q11.In the Kesavananda Bharati case (1973), what did the Supreme Court rule regarding the amending power of Parliament?

    • A.Parliament implies unlimited power
    • B.Parliament cannot amend Fundamental Rights
    • C.Parliament cannot alter the 'Basic Structure' of the Constitution✓ Correct Answer
    • D.Parliament can only amend the Preamble

    Explanation: The Supreme Court ruled that Parliament cannot alter the 'Basic Structure' of the Constitution under Article 368.

12. Q12.Which of the following is NOT a part of the 'Basic Structure' as declared by the Supreme Court?

    • A.Supremacy of the Constitution
    • B.Secular character of the Constitution
    • C.Federal character of the Constitution
    • D.Right to Property✓ Correct Answer

    Explanation: Right to Property is not a part of the Basic Structure; it is a legal right. The others listed are elements of the Basic Structure.

13. Q13.Who can introduce a Constitutional Amendment Bill?

    • A.Only a Minister
    • B.Only a Private Member
    • C.Both a Minister and a Private Member✓ Correct Answer
    • D.Only the Prime Minister

    Explanation: The bill can be introduced either by a minister or by a private member.

14. Q14.Is the state legislature empowered to initiate any bill or proposal for amending the Constitution?

    • A.Yes, for all amendments
    • B.No, except for creating/abolishing legislative councils✓ Correct Answer
    • C.Yes, with Governor's permission
    • D.No, never

    Explanation: The state legislature cannot initiate any bill for amending the Constitution, except for passing a resolution requesting the Parliament for the creation or abolition of the legislative council in the state.

15. Q15.How much time does the state legislature have to ratify a constitutional amendment bill?

    • A.14 days
    • B.6 months
    • C.1 year
    • D.No time limit is prescribed✓ Correct Answer

    Explanation: The Constitution does not prescribe the time limit within which the state legislatures should ratify or reject an amendment submitted to them.

16. Q16.Which amendment is known as the 'Mini-Constitution'?

    • A.42nd Amendment Act, 1976✓ Correct Answer
    • B.44th Amendment Act, 1978
    • C.7th Amendment Act, 1956
    • D.24th Amendment Act, 1971

    Explanation: The 42nd Amendment Act of 1976 is the most comprehensive amendment and is popularly known as the 'Mini-Constitution'.

17. Q17.Amendments related to the election of the President fall under which category of amendment procedure?

    • A.Simple Majority
    • B.Special Majority
    • C.Special Majority + Ratification by half of states✓ Correct Answer
    • D.Executive Order

    Explanation: Provisions related to the election of the President affect the federal structure, hence require a Special Majority of Parliament and ratification by half of the state legislatures.

18. Q18.Can the President return a Constitutional Amendment Bill for reconsideration of Parliament?

    • A.Yes
    • B.No✓ Correct Answer
    • C.Only once
    • D.Only if passed by simple majority

    Explanation: The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

19. Q19.Which of the following requires ratification by at least half of the state legislatures?

    • A.Fundamental Rights
    • B.Directive Principles
    • C.Goods and Services Tax (GST) Council✓ Correct Answer
    • D.Citizenship

    Explanation: The Goods and Services Tax Council (Article 279A) is a federal provision, hence its amendment requires ratification by states.

20. Q20.The concept of 'Basic Structure' was evolved by the Supreme Court in:

    • A.Shankari Prasad Case
    • B.Golak Nath Case
    • C.Kesavananda Bharati Case✓ Correct Answer
    • D.Minerva Mills Case

    Explanation: The concept of 'Basic Structure' was evolved in the historic Kesavananda Bharati case of 1973.