Constitutional Amendments – NDA Polity PYQs

NDA 2021-II

Q. 1. The Constitution (35th Amendment) Act of 1974 is related to which one of the following States?

(a)  Mizoram

(b)  Sikkim

(c)  Nagaland

(d)  Arunachal Pradesh

Answer: (b) Sikkim

Explanation: The Constitution (35th Amendment) Act, 1974 is related to Sikkim. It granted Sikkim the status of an Associate State of India: a transitional constitutional arrangement before Sikkim became a full State. Sikkim had been an Indian protectorate since the Indo-Sikkim Treaty of 1950. The 35th Amendment created a special constitutional category of Associate State for Sikkim. Subsequently, the Constitution (36th Amendment) Act, 1975 made Sikkim a full State of the Indian Union: the 22nd State: by inserting Sikkim into the First and Fourth Schedules. The other options: Mizoram, Nagaland, and Arunachal Pradesh: are not associated with the 35th Amendment. Concept Tested: 35th Constitutional Amendment Act 1974: Sikkim’s Associate Statehood; 36th Amendment 1975:  Sikkim’s full Statehood

★ JOVIK Exam Insight: Two-step process for Sikkim: 35th Amendment (1974):  Associate State; 36th Amendment (1975):  full State (22nd State of India). NDA tested the 35th Amendment. The 36th Amendment: full Statehood: is the natural companion question.

NDA 2017-I

Q. 2. Match List I with List II and select the correct answer using the code given below the Lists:

List I: Amendment	List II: Subject
A. 52nd Amendment Act, 1985	1. Reduction of voting age from 21 to 18
B. 73rd Amendment Act, 1992	2. Right to Education
C. 61st Amendment Act, 1988	3. Panchayati Raj
D. 86th Amendment Act, 2006	4. Disqualification on grounds of defection

Code:

(a)  A-4, B-1, C-3, D-2

(b)  A-4, B-3, C-1, D-2

(c)  A-2, B-3, C-1, D-4

(d)  A-2, B-1, C-3, D-4

Answer: (b) A-4, B-3, C-1, D-2

Explanation: A: 52nd Amendment Act, 1985: introduced the anti-defection law by inserting the Tenth Schedule into the Constitution (Subject 4: Disqualification on grounds of defection). B: 73rd Amendment Act, 1992: constitutionalised Panchayati Raj by inserting Part IX (Articles 243 to 243-O) and the Eleventh Schedule (Subject 3: Panchayati Raj). C: 61st Amendment Act, 1988: reduced the voting age for Lok Sabha and State Assembly elections from twenty-one years to eighteen years (Subject 1: Reduction of voting age from 21 to 18). D: 86th Amendment Act, 2002: inserted Article 21A, providing every child aged six to fourteen years the right to free and compulsory education (Subject 2: Right to Education). The correct matching is A-4, B-3, C-1, D-2. The answer is (b). Concept Tested: Four-amendment matching: 52nd:  anti-defection (Tenth Schedule); 61st:  voting age 21 to 18; 73rd:  Panchayati Raj (Part IX); 86th:  Right to Education (Article 21A)

★ JOVIK Exam Insight: Two high-confusion pairs in this question: (1) 73rd:  Panchayati Raj (rural); 74th:  Municipalities (urban): same year, different levels. (2) 86th:  Right to Education (Article 21A); 93rd:  OBC reservation in educational institutions (Article 15(5)): both education-related but different subjects. Memory anchor: 52-Defection | 61-Vote-18 | 73-Panchayat | 74-Municipality | 86-Education | 93-OBC-Reservation.

NDA 2016-I

Q. 3. Consider the following statements:

1. The Amendment procedure has been provided in Article 368 of the Constitution of India.
2. The consent of the States is mandatory for all Amendments to the Constitution of India.

Which of the statements given above is/are correct?

(a)  1 only

(b)  2 only

(c)  Both 1 and 2

(d)  Neither 1 nor 2

Answer: (a)  1 only

Explanation: Statement 1 is correct. The amendment procedure is provided in Article 368 of the Constitution. Statement 2 is incorrect. The consent of the States is NOT mandatory for all amendments. Constitutional amendments fall into three tiers. Tier 1: simple majority (not under Article 368). Tier 2: special majority of each House: passed by Parliament alone, no State involvement. Tier 3: special majority of each House plus ratification by not less than half the State Legislatures: required only for amendments to specific federal provisions (election of President, distribution of legislative powers, representation of States in Parliament, Supreme Court and High Courts, and Article 368 itself). The majority of constitutional amendments fall under Tier 2 and require no State consent. Only the relatively rare Tier 3 amendments require State ratification. Concept Tested: Article 368 amendment procedure; State ratification is NOT required for all amendments: only for specific Tier 3 (federal) amendments

★ JOVIK Exam Insight: State consent applies only to amendments that change the federal balance: those affecting the election of the President, the distribution of legislative powers, the Seventh Schedule, the representation of States in Parliament, the courts, and Article 368 itself. Most amendments: including those to Fundamental Rights and DPSPs: are Tier 2 and require no State involvement.

NDA 2015-I

Q. 4. Article 368 of the Constitution of India deals with

(a)  the powers of the Parliament of India to amend the Constitution

(b)  financial emergency

(c)  reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha

(d)  Official Language of the Union of India

Answer: (a) the powers of the Parliament of India to amend the Constitution

Explanation: Article 368 is located in Part XX of the Constitution and deals with the power of Parliament to amend the Constitution and the procedure therefor. Financial emergency is Article 360 (Part XVIII). Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha is Article 330 (Part XVI). The Official Language of the Union is Article 343 (Part XVII). Article 368 vests the constitutional amendment power in Parliament, sets out the special majority requirement, and specifies when State ratification is additionally required. Concept Tested: Article 368: Parliament’s power to amend the Constitution (Part XX); not financial emergency, SC/ST reservation, or official language

NDA 2010-I

Q. 5. The Constitution (93rd Amendment) Act deals with

(a)  local self-government

(b)  extension of reservation in educational institutions

(c)  basic structure of the Constitution of India

(d)  appointment of judges in the Supreme Court of India

Answer: (b) extension of reservation in educational institutions

Explanation: The Constitution (93rd Amendment) Act, 2005 extended the scope of reservation by inserting clause (5) into Article 15 of the Constitution. Article 15(5) enables the State to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes in relation to admission to educational institutions: including private unaided institutions, though not minority institutions. Local self-government was constitutionalised by the 73rd Amendment (Panchayati Raj) and 74th Amendment (Municipalities) in 1992. The Basic Structure Doctrine was enunciated by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973): it was not introduced by any constitutional amendment. Appointment of judges is governed by Article 124 and the collegium conventions: no numbered amendment introduced a new judicial appointment procedure in this context. Concept Tested: 93rd Constitutional Amendment Act 2005: Article 15(5): OBC reservation in educational institutions

★ JOVIK Exam Insight: The 86th Amendment (2002) and the 93rd Amendment (2005) are both related to education: but in different ways. The 86th Amendment made education a Fundamental Right (Article 21A, ages 6–14). The 93rd Amendment extended reservation to educational institutions for OBCs.

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