UPSC Prelims(2026) practice questions on the The 130th Constitutional Amendment Bill

 UPSC Prelims(2026) practice questions on the 

The 130th Constitutional Amendment Bill

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1. The Constitution (One Hundred And Thirtieth Amendment) Bill, recently introduced, proposes amendments to which of the following Articles of the Indian Constitution?

(a) Article 75, Article 167, and Article 239AA

(b) Article 74, Article 164, and Article 371

(c) Article 75, Article 164, and Article 239AA

(d) Article 78, Article 167, and Article 239AB

Answer: (c)

• Explanation: The article explicitly states the Bill amends "Article 75, Article 164 and Article 239AA of the Constitution which pertain to the Union Council of Ministers, State Council of Ministers and the special administrative provisions for Delhi, respectively."

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2. According to the provisions of the Bill, a Union Minister shall be removed from office if they are in continuous custody for how many consecutive days?

(a) 60 days

(b) 30 days

(c) 90 days

(d) Until the investigation is complete

Answer: (b)

• Explanation: The Bill specifies that a Minister shall be removed if arrested and detained in custody for "30 consecutive days" for an offence punishable with imprisonment of five years or more.

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3. The Opposition's primary contention with the Bill revolves around the potential misuse of which of the following powers?

1. The power of the President to remove a Minister.

2. The discretionary power of the police to arrest.

3. The power of the court to authorize detention.

4. The power of the Prime Minister to advise the President.

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1, 2 and 4 only

(d) 2, 3 and 4 only

Answer: (b)

• Explanation: The article states the two contentious issues for the Opposition were 'arrest' by the police (a discretionary power) and authorising 'detention' by a court. The advice of the PM/CM is a procedural part of the removal, not the core contentious power.

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4. With reference to the power of arrest, the Supreme Court in the case of Joginder Kumar vs State of U.P. (1994) held that:

(a) Arrest is mandatory for all cognisable offences.

(b) A police officer must be able to justify the arrest beyond mere authorization.

(c) Private citizens have the power to arrest for any cognisable offence.

(d) Arrest without a warrant is unconstitutional.

Answer: (b)

• Explanation: The article cites this case, where the Supreme Court observed that "no arrest can be made only because a police officer is authorised to do so. The police officer must be able to justify the arrest."

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5. The article highlights that a major concern regarding the grant of bail is the consideration of the "gravity of the offence" as a factor. This is problematic because it:

(a) Violates the principle of 'bail is the rule, jail is the exception'.

(b) Conflicts with the presumption of innocence of the accused.

(c) Is not part of the traditional "triple test" for bail.

(d) All of the above.

Answer: (d)

• Explanation: The article states that considering the gravity of the offence as a factor for bail conflicts with the presumption of innocence. It is an important "fourth factor" outside the triple test, and its use can violate the core principle that bail should be the norm.

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6. The new Amendment Bill is considered particularly dangerous when applied to offences under special statutes like PMLA and UAPA because:

(a) These statutes have a lower punishment threshold.

(b) These statutes have more stringent "twin conditions" for granting bail.

(c) The investigation in these cases is usually completed within 30 days.

(d) These offences are not covered under the CrPC.

Answer: (b)

• Explanation: The article explains that special statutes have "infamous twin conditions of bail," which reverse the burden of proof onto the accused, making it extremely difficult to secure bail within the 30-day window stipulated by the Bill.

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7. The concept of 'Default Bail' under Section 167(2) of the CrPC is a right of the accused when:

(a) The police fail to file a chargesheet within 24 hours of arrest.

(b) The investigation is not completed within 60 or 90 days of custody.

(c) The accused is a Minister and has completed 30 days in custody.

(d) The court finds the arrest to be unjustified.

Answer: (b)

• Explanation: The article mentions default bail as the right of an accused when the investigation is not completed within 60 days to 90 days (depending on the gravity of the offence) of custody.

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8. According to the article, what dilemma does a Minister face under the proposed law regarding their position and bail?

(a) A Minister must choose between contesting elections or applying for bail.

(b) Remaining a Minister may jeopardize their bail application, while resigning would forfeit their ministerial powers.

(c) A Minister can only get bail after admitting to the charges.

(d) The Prime Minister's advice is mandatory before a Minister can apply for bail.

Answer: (b)

• Explanation: The article describes a "Hobson’s choice": staying on as a Minister could be used as a reason to deny bail (due to influence), leading to removal after 31 days. Resigning might help get bail but would mean losing the ministerial position regardless.

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9. The article cites the Satender Kumar Antil vs CBI case (2022) to emphasize that investigating agencies are bound to comply with the provisions of:

(a) The Constitution of India regarding fundamental rights.

(b) The Indian Penal Code regarding cognisable offences.

(c) Sections 41 and 41A of the CrPC regarding procedure for arrest.

(d) The Prevention of Corruption Act regarding public servants.

Answer: (c)

• Explanation: The article states that the Supreme Court in the Satender Kumar Antil case held that investigating agencies are bound to comply with the provisions of Section 41 (conditions for arrest) and Section 41A (notice for appearance) of the CrPC.

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10. Which of the following statements best reflects the core criticism of the Bill as presented in the article?

(a) It is too lenient on ministers with criminal backgrounds.

(b) It does not apply to the Prime Minister and Chief Ministers.

(c) It relies on discretionary powers of arrest and detention, which are vulnerable to misuse as a political tool.

(d) It undermines the federal structure of the Indian Constitution.

Answer: (c)

• Explanation: The central theme of the article's criticism is the potential for misuse. It argues that the discretionary powers of arrest (with police) and detention (with courts) can be weaponized to target and unseat opposition party ministers, making it a potent political tool rather than a purely ethical reform.