Previous Year Question
Which one of the following statements is not correct?
The Constitutional Amendment Bill has to be passed by both Houses of Parliament separately with special majority.
Constitutional cases in Supreme Court is heard by minimum five judges.
Freedom of press is included in the fundamental right – Freedom of speech and expression.
Zakir Hussain was the first Vice President of India.
Correct Answer: D
Detailed Solution
Statement (d) is not correct. The first Vice-President of India was Dr. Sarvepalli Radhakrishnan, who served from 13 May 1952 to 12 May 1962 for two terms. Dr. Zakir Hussain subsequently served as Vice-President from 13 May 1962 to 12 May 1967. Therefore, describing Zakir Hussain as India's first Vice-President is incorrect.
Statement (a) is correct. Under Article 368, a Constitution Amendment Bill must be passed separately by each House of Parliament by a majority of the total membership of that House and by not less than a two-thirds majority of members present and voting. There is no provision for a joint sitting to resolve a deadlock over a Constitution Amendment Bill.
Statement (b) is correct in the intended sense of the question. More precisely, Article 145(3) requires a minimum Bench of five Judges for deciding a case involving a substantial question of law as to the interpretation of the Constitution. Thus, mere reference to the Constitution does not by itself require five Judges; a substantial question of constitutional interpretation must arise.
Statement (c) is also correct. Although “freedom of the press” is not separately mentioned by name in Article 19(1)(a), the Supreme Court has consistently held that freedom of the press is an integral part of freedom of speech and expression. Freedom of circulation is also protected as part of this right.
The important sequence to remember is—Dr. Sarvepalli Radhakrishnan was the first Vice-President, while Dr. Zakir Hussain was the second Vice-President and later became President of India.