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    Question

    Which statement about presidential assent to

    constitutional amendments is correct postKesavananda and related jurisprudence?
    A President can withhold assent indefinitely to amendments he dislikes. Correct Answer Incorrect Answer
    B President’s role is largely formal in constitutional amendment; once passed per Article 368, President is constitutionally obliged to give assent (though practically he may delay), and judicial review of procedure is possible. Correct Answer Incorrect Answer
    C President can amend the Constitution without Parliament. Correct Answer Incorrect Answer
    D President can demand a referendum under Article 368. Correct Answer Incorrect Answer
    E President’s assent is irrelevant. Correct Answer Incorrect Answer

    Solution

    Part XIV-A of the Constitution, introduced by the 42nd Constitutional Amendment Act, 1976, deals specifically with Tribunals. Articles 323A and 323B empower Parliament (and State Legislatures in certain cases) to establish administrative and other tribunals for adjudication of disputes relating to service matters, taxation, industrial disputes, land reforms, and other specified subjects. The objective was to reduce the burden on regular courts and provide specialized, speedy justice. However, in L. Chandra Kumar v. Union of  India (1997), the Supreme Court held that while tribunals are valid, the power of judicial review of High Courts under Article 226 and the Supreme Court under Article 32 forms part of the basic structure and cannot be excluded. Thus, tribunals are supplemental, not substitutes for constitutional courts.

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