Polity & Governance Practice Question›› Indian Polity ››
Constitutional Amendments
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Provisions that cannot be amended by Parliament
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Question 1
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Consider the following provisions:
1. Rules of procedure in Parliament
2. Welfare nature of Indian state
3. Goods and Services Tax Council
4. Establishment of new states
5. Parliamentary system of government
6. Representation of states in Parliament
How many of the above provisions cannot be amended/altered by the Parliament?
(a) Only One
(b) Only Two
(c) All Six
(d) None of the above
Explanation
Analysis of Provisions: 1. Rules of procedure in Parliament: These are governed by Article 118 and can be amended by Parliament under its legislative powers.
Not part of the basic structure.
Alterable. 2. Welfare nature of the Indian state: The welfare nature is enshrined in the Directive Principles of State Policy (Part IV) and reflects the essence of a welfare state.
It has been upheld by the Supreme Court as part of the basic structure of the Constitution in landmark judgments.
Cannot be altered. 3. Goods and Services Tax (GST) Council: Established under Article 279A, the GST Council deals with the taxation structure.
While significant, it is amendable by Parliament through a special procedure but is not part of the basic structure.
Alterable. 4. Establishment of new states: Governed by Article 3, Parliament has the authority to create or alter states by a simple majority.
This does not fall under the basic structure.
Alterable. 5. Parliamentary system of government:
The parliamentary system is a fundamental feature of the Indian Constitution and has been upheld as part of the basic structure doctrine by the Supreme Court.
Cannot be altered.
6. Representation of states in Parliament:
The allocation of seats in the Rajya Sabha and Lok Sabha for each state can be altered by Parliament under Article 4 and Schedule 7, provided it follows the proper amendment procedures.
This does not fall under the basic structure.
Alterable.
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