[Mission 2024] STATIC QUIZ, 31 August 2023 – Polity

Solution: d)

An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.

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

The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.

Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

Solution: b)

An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament (Lok Sabha & Rajya Sabha) and not in the state legislatures.

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

Solution: a)

From the various judgements, the ‘basic features’ of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution have emerged. This includes Welfare state (socio-economic justice).

In Ram Jethmalani Case (2011), powers of the Supreme Court under A32 came under scrutiny.

The court said, “Powers of review can be exercised in a petition filed under Article 136 or Article 32 or under any other provision of the Constitution if the court is satisfied that its directions have resulted in the deprivation of the fundamental rights of a citizen or any legal right of the petitioner.”

Solution: d)

If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting.

During a National Emergency (not financial emergency) the Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation.

Solution: c)

A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following two respects:

• First one (disapproval) is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.
• The first one is to be adopted by a simple majority only, while the second one needs to be adopted by a special majority.

This is done to put greater safeguards as emergency in an extraordinary measure and must be resorted to only in exceptional circumstances.