Home PYQs UPPSC UPPSC MCQs Prelims 1999 (GS Paper I)

Question

A Constitution (Amendment) Act may be declared unconstitutional by the Supreme Court of India if it:

  1. establishes three tier federal setup in place of the existing two tier set up
  2. removes Right of Equality before the law from Part III and places it elsewhere in the Constitution
  3. replaces Parliamentary system of Executive with the Presidential one
  4. establishes a federal court of appeal to lighten the burden of the Supreme Court

Answer:

Option B: removes Right of Equality before the law from Part III and places it elsewhere in the Constitution

Detailed Solution:

The correct answer is “removes Right of Equality before the law from Part III and places it elsewhere in the Constitution”.

The Right to Equality is considered a core part of this basic structure. Removing it from Part III and placing it elsewhere would be seen as an attempt to undermine this fundamental feature.