Constitutional Amendment: UPSC Previous Year Questions (Polity)
2 previous year UPSC Prelims questions on Constitutional Amendment (Polity). Choose an option to see the answer and explanation.
Explanations state facts as of the year each question was asked; words like “recently” refer to that year.
Showing 1–2 of 2 questions
UPSC 2019Polity · Constitutional Amendment
Q1. Consider the following statements: 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary. Which of the statements given above is/are correct?
Explanation
Statement 1 is incorrect: It was the 39th Constitutional Amendment (1975), passed during the Emergency, that placed elections for key offices like Prime Minister beyond judicial review. The 44th Amendment (1978) reversed several provisions of the 42nd Amendment, restoring civil liberties and the right to property.
Statement 2 is correct: The 99th Constitutional Amendment aimed to establish the National Judicial Appointments Commission (NJAC). But in 2015, the Supreme Court struck it down, affirming the collegium system. Justice JS Kehar, who was part of the bench that struck down the NJAC, emphasized that NJAC undermined the judicial independence which is crucial for safeguarding citizens’ rights.
Additional insight:
Collegium System in India: The Collegium System is used for the appointment and transfer of judges in the Supreme Court and High Courts. It is not mentioned in the Constitution but evolved through Supreme Court rulings.
UPSC 2019Polity · Constitutional Amendment
Q2. With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?
Explanation
Statement 1 is incorrect: Though the 42nd Amendment Act of 1976 curtailed the power of HC in judicial review and debarred the HC from considering the constitutional validity of any central law. But the 43rd Amendment Act of 1978 restored the original position of the HC. Moreover now the HC is considered as the principal civil courts of original jurisdiction in each state and union territory. They can declare any central law to be constitutionally invalid in their jurisdiction.
Statement 2 is incorrect: The Constitution of India allows for amendments under Article 368 but the Supreme Court has the authority to review constitutional amendments, particularly to ensure that such amendments do not violate the basic structure of the Constitution. The Kesavananda Bharati case (1973) established the basic structure doctrine, where the Supreme Court ruled that Parliament could amend the Constitution but could not alter its basic structure.
Exam tip:
For S1, a general observation can tell that HC’s in India do declare central laws invalid, we have integrated judiciary! Saying they cannot declare a central law invalid would make them toothless. Phrase: "No High Court shall..." extreme blanket statement. Hence likely false. For S2, it is well known fact that "everything " in India is under judicial review. Remember this! This clearly invalidates S2.
Answer key for these questions
Q
UPSC year
Correct answer
1
2019
(b) 2 only
2
2019
(d) Neither 1 nor 2
Frequently asked questions
How many previous year UPSC questions are there on Constitutional Amendment?
This page covers 2 previous year UPSC Prelims GS Paper-I questions on Constitutional Amendment (Polity), asked from 2000 to 2025. Each has the correct answer and an explanation.
How should I use previous year UPSC questions for Prelims?
Attempt each question first, then open the answer and read the explanation for every option. Repeat by chapter, and track which statements UPSC reuses across years. Previous year questions show the exam pattern and difficulty level.
Which years are covered for Constitutional Amendment?
Questions on Constitutional Amendment (Polity) are available for 14 years, from 2000 to 2025. Use the Year filter to practise a single paper.
