Polity Set 79 | MROY Class

Polity Set 79 Questions & Answers

The doctrine of ‘Judicial Review’ originated and developed in which country? – United States of America
Which Schedule of the Constitution was added to protect land reform laws from being challenged on the ground of violation of Fundamental Rights? – Ninth Schedule
In the I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule are open to judicial review if they were added after which date? – April 24, 1973
The concept of ‘Judicial Activism’ originated in the USA in 1947. Who coined the term? – Arthur Schlesinger Jr.
The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. In India, who were the pioneers of PIL? – Justice V.R. Krishna Iyer and Justice P.N. Bhagwati
Which Article of the Constitution requires that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor? – Article 163
According to Article 164, the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed what percentage of the total strength of the Legislative Assembly? – 15%
However, the number of ministers, including the Chief Minister, in a state shall not be less than: – 12
The Council of Ministers in a state is collectively responsible to the: – Legislative Assembly of the State
To create or abolish a Legislative Council in a state, the state legislative assembly must pass a resolution by a: – Special majority
After the state assembly passes the resolution to create/abolish a legislative council, the final authority to pass the corresponding Act lies with the: – Parliament (by simple majority)
The maximum strength of the Legislative Council is fixed at one-third of the total strength of the assembly, and the minimum strength is fixed at: – 40
In the election to the Legislative Council, what fraction of members is elected by graduates of three years’ standing residing in the state? – One-twelfth
In the election to the Legislative Council, what fraction of members is elected by teachers of three years’ standing in the state, not lower in standard than secondary school? – One-twelfth
In the State Legislative Council, what fraction of the total members is elected by the members of the Legislative Assembly (MLAs) from amongst persons who are not members of the assembly? – One-third
What is the quorum required to hold a meeting of either House of the state legislature? – 10 members or one-tenth of the total members of the House, whichever is greater
If a bill originated in the Legislative Assembly is rejected by the Legislative Council, the assembly can pass it again. In the second instance, how long can the council delay the bill? – One month
What is the maximum period for which the Legislative Council can delay an ordinary bill overall (combining first and second instances)? – Four months
Does the Constitution provide for a mechanism of a joint sitting of both Houses of the state legislature to resolve a deadlock over an ordinary bill? – No, there is no provision for a joint sitting in the state legislature
A Money Bill can be introduced in the state legislature only in the Legislative Assembly and only on the recommendation of the: – Governor
When a Governor reserves a state bill for the consideration of the President, and the President directs the Governor to return it to the state legislature for reconsideration, the state legislature must reconsider it within: – Six months
If the state legislature passes the returned bill again with or without amendments and presents it to the President for his assent, is the President bound to give his assent? – No, the President is not bound to give his assent
Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session. An ordinance promulgated by the Governor ceases to operate upon the expiry of what period from the reassembly of the state legislature? – Six weeks
Which Constitutional Amendment Act made it obligatory for the President to give his assent to a Constitutional Amendment Bill? – 24th Amendment Act (1971)
Which Article grants Parliament the power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit? – Article 2
Which Article grants Parliament the power to form a new state by separation of territory from any state, or by uniting two or more states? – Article 3
Before introducing a bill for forming new states or altering boundaries (under Article 3) in the Parliament, whose prior recommendation is required? – The President
Before recommending a bill under Article 3, the President must refer the bill to the legislature of the state(s) concerned for expressing its views. Are these views binding on the President or Parliament? – No, they are not binding
The State of Andhra Pradesh was the first linguistic state created in 1953 by separating Telugu speaking areas from the state of: – Madras
Which constitutional amendment facilitated the acquisition of certain territories by India and transfer of certain other territories to Bangladesh (exchange of enclaves)? – 100th Amendment Act (2015)

MROY Class

Polity Set 79

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📌 Judiciary • Judicial Review

Q.1) The doctrine of ‘Judicial Review’ originated and developed in which country?

Ans > United States of America

Historical Origin: The doctrine of judicial review was firmly established in the United States through the landmark 1803 Supreme Court case Marbury v. Madison. Chief Justice John Marshall ruled that American courts have the power to strike down laws and statutes that they find to violate the Constitution.
Adoption in India: The framers of the Indian Constitution heavily borrowed this mechanism from the American legal system. In India, the principle is embedded in Articles 13, 32, and 226, empowering the Supreme Court and High Courts to invalidate unconstitutional legislative or executive actions.
Basic Structure Doctrine: The Indian judiciary has elevated judicial review to an unalterable constitutional status. In the historic Minerva Mills case (1980), the Supreme Court ruled that judicial review is an integral part of the “Basic Structure” of the Constitution, meaning Parliament cannot remove this power even through constitutional amendments.

📌 Constitution • Schedules

Q.2) Which Schedule of the Constitution was added to protect land reform laws from being challenged on the ground of violation of Fundamental Rights?

Ans > Ninth Schedule

First Amendment Act: The Ninth Schedule was introduced by the very first Constitutional Amendment Act in 1951. This was driven by the urgent need of the newly independent Indian government to implement land reforms and abolish the zamindari system without facing constant legal hurdles.
Article 31B Protection: The schedule operates in conjunction with Article 31B, which provides a protective “blanket” over the laws placed inside it. Originally, it was meant to shield these specific agrarian laws from judicial scrutiny on the grounds that they violated the Fundamental Rights, particularly the right to property.
Evolution and Expansion: What started with just 13 agrarian reform laws has ballooned significantly over the decades. State and central governments began using the Ninth Schedule as a constitutional vault to protect various controversial legislations, including reservation policies, expanding the list to 284 acts over time.

📌 Judiciary • Basic Structure

Q.3) In the I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule are open to judicial review if they were added after which date?

Ans > April 24, 1973

The Kesavananda Bharati Benchmark: The date April 24, 1973, is not arbitrary; it is the exact day the Supreme Court delivered the historic Kesavananda Bharati judgment. This ruling birthed the “Basic Structure” doctrine, fundamentally changing how constitutional amendments were evaluated in India.
Ending Blanket Immunity: In the I.R. Coelho judgment (often referred to as the Ninth Schedule case), a nine-judge bench unanimously ruled that there is no absolute immunity for laws placed in the Ninth Schedule. The court asserted that judicial review is a fundamental constitutional feature that cannot be bypassed.
The Golden Triangle Test: The court clarified that any law inserted into the Ninth Schedule after this cut-off date is open to challenge if it destroys the basic structure. Specifically, laws can be reviewed if they violate the “Golden Triangle” of Fundamental Rights guaranteed under Articles 14, 19, and 21.

📌 Judiciary • Judicial Activism

Q.4) The concept of ‘Judicial Activism’ originated in the USA in 1947. Who coined the term?

Ans > Arthur Schlesinger Jr.

Coinage of the Term: The phrase “judicial activism” was introduced to the political lexicon by American historian and educator Arthur Schlesinger Jr. He first used the term in a January 1947 article titled “The Supreme Court: 1947,” published in Fortune magazine.
Core Philosophy: Judicial activism describes a judicial philosophy where judges go beyond merely strictly interpreting the law, taking an active role in shaping social policies. It often involves courts stepping in to protect civil liberties and minority rights when the legislative or executive branches fail to act appropriately.
Indian Context: In India, judicial activism gained massive momentum in the post-Emergency era of the late 1970s and 1980s. The Indian judiciary shifted from a conservative, literal interpretation of the law to an activist approach, vastly expanding the scope of Article 21 (Right to Life) to include rights to a clean environment, privacy, and free legal aid.

📌 Judiciary • PIL

Q.5) The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. In India, who were the pioneers of PIL?

Ans > Justice V.R. Krishna Iyer and Justice P.N. Bhagwati

Relaxation of Locus Standi: The traditional legal rule of locus standi dictated that only a person directly aggrieved could approach the courts. Justices P.N. Bhagwati and V.R. Krishna Iyer revolutionized Indian jurisprudence by relaxing this strict rule, allowing any public-spirited individual or organization to file petitions on behalf of the marginalized.
Epistolary Jurisdiction: Under the visionary guidance of these pioneer judges, the Supreme Court introduced “epistolary jurisdiction.” This meant the court began treating ordinary letters, postcards, and even newspaper reports highlighting social injustices as formal writ petitions, drastically improving access to justice for the poor.
Landmark Early Cases: The foundations of PIL in India were solidified through monumental early cases. Hussainara Khatoon v. State of Bihar (1979), dealing with the horrific conditions of thousands of undertrial prisoners, and Sunil Batra v. Delhi Administration, addressing prisoner abuse, became the blueprints for the modern PIL framework.

📌 State Executive • Council of Ministers

Q.6) Which Article of the Constitution requires that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor?

Ans > Article 163

Constitutional Mandate: Article 163 establishes the core framework for parliamentary democracy at the state level. It mandates the creation of a Council of Ministers, headed by the Chief Minister, whose primary constitutional duty is to aid and advise the Governor in the exercise of their executive functions.
Governor’s Discretionary Power: Unlike the President of India (under Article 74), the Governor enjoys a wider scope of discretionary power. Article 163 explicitly states that the Governor is not bound by the Council’s advice if the Constitution requires them to act in their own discretion, such as reserving a bill for the President.
Judicial Non-Interference: To maintain the confidentiality of executive decision-making, Article 163 also dictates that the nature of the advice tendered by the ministers to the Governor cannot be inquired into by any court of law. This ensures the protection of high-level state governance communications.

📌 State Executive • Cabinet Size

Q.7) According to Article 164, the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed what percentage of the total strength of the Legislative Assembly?

Ans > 15%

The 91st Amendment Act: The 15% ceiling was not present in the original Constitution. It was legally introduced by the 91st Constitutional Amendment Act in 2003. This amendment fundamentally altered Articles 75 (for the Union) and 164 (for the States) to enforce a strict cap on the size of the executive branch.
Curbing Jumbo Cabinets: Historically, ruling parties would construct massive, bloated cabinets—often called “jumbo cabinets”—to appease disgruntled political factions and accommodate defecting MLAs with ministerial perks. The 15% rule was implemented specifically to eliminate this practice and reduce the financial drain on the state exchequer.
Strengthening Anti-Defection: This percentage cap serves as a secondary mechanism to combat political defections. By strictly limiting the total number of available ministerial berths, the government removes the primary incentive (the promise of a ministry) that traditionally fueled political horse-trading and party-switching among elected legislators.

📌 State Executive • Cabinet Size

Q.8) However, the number of ministers, including the Chief Minister, in a state shall not be less than:

Ans > 12

Protecting Smaller States: While the 91st Amendment established a 15% maximum cap, it also crucially mandated a minimum threshold of 12 ministers. This floor limit was implemented to ensure functional governance in smaller Indian states like Goa, Sikkim, and Mizoram, which possess Legislative Assemblies with very low seat counts.
Functional Administration Needs: In a state like Sikkim, which has only 32 assembly seats, a strict 15% rule would limit the cabinet to just 4 or 5 ministers. This would make it practically impossible to efficiently manage the vast array of state government departments, requiring the constitutional guarantee of a 12-member minimum.
Delhi’s Unique Exception: It is important to note that the National Capital Territory of Delhi operates under a distinct constitutional framework (Article 239AA). Delhi’s Council of Ministers is uniquely capped at 10% of its total assembly strength, meaning it can only have a maximum of 7 ministers, including the Chief Minister.

📌 State Executive • Collective Responsibility

Q.9) The Council of Ministers in a state is collectively responsible to the:

Ans > Legislative Assembly of the State

Core Principle of Democracy: Collective responsibility is the absolute bedrock of the parliamentary system of government adopted by India. Enshrined in Article 164(2), this principle ensures that the executive branch remains continually accountable to the directly elected representatives of the people in the Legislative Assembly.
“Swim and Sink Together”: Collective responsibility dictates that all ministers are jointly responsible for the government’s policies and decisions. If a vote of no-confidence is passed by the Legislative Assembly against a single minister or a specific government policy, the entire Council of Ministers, including the Chief Minister, is constitutionally required to resign immediately.
Exclusion of the Upper House: The Council of Ministers is never collectively responsible to the Legislative Council (the state upper house). Because the Legislative Assembly represents the direct, democratic mandate of the general electorate, it holds the exclusive power to make or break the state government.

📌 State Legislature • Legislative Council

Q.10) To create or abolish a Legislative Council in a state, the state legislative assembly must pass a resolution by a:

Ans > Special majority

Article 169 Requirements: The constitutional procedure to create or dismantle a state’s upper house is governed by Article 169. It mandates that the initial demand must originate from the state itself. The state’s Legislative Assembly must pass a formal resolution utilizing a strict special majority.
Defining Special Majority: In this specific constitutional context, a special majority is a dual-layered requirement. The resolution must be passed by a majority of the total membership of the assembly, combined with a majority of not less than two-thirds of the members present and voting on that particular day.
Current Bicameral States: This rigorous special majority requirement ensures that the decision to maintain a bicameral legislature enjoys overwhelming political consensus within the state. As of recent data, only six Indian states operate with a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.

📌 State Legislature • Legislative Council

Q.11) After the state assembly passes the resolution to create/abolish a legislative council, the final authority to pass the corresponding Act lies with the:

Ans > Parliament (by simple majority)

Parliamentary Supremacy: Even after a state assembly passes a special majority resolution to create or abolish a Legislative Council, the state does not have the final say. The ultimate authority rests exclusively with the Union Parliament, highlighting the unitary tilt of the Indian federal structure regarding state borders and institutions.
Legislative Flexibility: When the resolution reaches the central government, Parliament can enact the corresponding legislation using only a simple majority (a majority of members present and voting). This ensures the central government can efficiently process the state’s request without requiring complex, super-majority voting procedures in the Lok Sabha and Rajya Sabha.
Not a Constitutional Amendment: Article 169 explicitly clarifies that a parliamentary act to create or abolish a State Legislative Council is not deemed a formal amendment to the Constitution for the purposes of Article 368. Therefore, it completely bypasses the rigorous requirements of the constitutional amendment process.

📌 State Legislature • Legislative Council

Q.12) The maximum strength of the Legislative Council is fixed at one-third of the total strength of the assembly, and the minimum strength is fixed at:

Ans > 40

Proportional Representation Limit: Article 171 of the Constitution establishes the structural boundaries for the Legislative Council (Vidhan Parishad). By capping the maximum strength at exactly one-third of the Legislative Assembly’s total seats, the framers ensured the upper house could never politically overwhelm or outnumber the directly elected lower house.
Minimum Threshold Rationale: The constitutional floor is fixed at a minimum of 40 members. This minimum threshold guarantees that the Legislative Council has a sufficient number of members to effectively function as a diverse deliberative body, capable of forming necessary legislative committees and conducting robust debates.
The J&K Exception: Historically, the erstwhile state of Jammu and Kashmir operated under an exceptional constitutional carve-out. Its Legislative Council functioned with only 36 members, falling below the standard constitutional minimum of 40, until the state’s special status was revoked and it was reorganized into a Union Territory in 2019.

📌 State Legislature • Elections

Q.13) In the election to the Legislative Council, what fraction of members is elected by graduates of three years’ standing residing in the state?

Ans > One-twelfth

Functional Electorates: Unlike the Legislative Assembly, which uses direct territorial constituencies, the Legislative Council is designed to represent varied functional and professional interests. Article 171 specifically reserves a one-twelfth (1/12) quota for representatives chosen exclusively by registered university graduates residing within the state.
The Three-Year Rule: To participate in this specific electoral college, an individual must not only possess a valid university degree but must have held that graduate status for at least three consecutive years. This requirement was intended to create an electorate composed of mature, educated citizens capable of contributing to complex policy debates.
Elevating Legislative Discourse: The core philosophical intent behind the graduate constituency was to inject advanced intellectual capital and highly educated perspectives into state-level lawmaking. The framers hoped these representatives would elevate the quality of debate and act as a stabilizing counterweight to populist politics.

📌 State Legislature • Elections

Q.14) In the election to the Legislative Council, what fraction of members is elected by teachers of three years’ standing in the state, not lower in standard than secondary school?

Ans > One-twelfth

Educational Representation: Mirroring the quota reserved for university graduates, Article 171 dedicates another one-twelfth (1/12) fraction of the Legislative Council strictly to representatives elected by the teaching community. This ensures the educational sector has a direct, guaranteed voice in the state’s upper house.
Qualification Standard: The Constitution strictly defines the electoral college for this constituency. The voters must be individuals who have been engaged in the teaching profession for at least three years within educational institutions located in the state, with the crucial caveat that the institution must not be lower in standard than a secondary school.
Policy Influence: By guaranteeing seats for educators, the constitutional design acknowledges the critical role teachers play in shaping society. These representatives are expected to advocate for educational reforms, safeguard academic interests, and provide expert oversight on legislation impacting schools, universities, and student welfare across the state.

📌 State Legislature • Elections

Q.15) In the State Legislative Council, what fraction of the total members is elected by the members of the Legislative Assembly (MLAs) from amongst persons who are not members of the assembly?

Ans > One-third

Political Synchronization: To maintain a strong democratic linkage between the two houses of the state legislature, Article 171 allocates exactly one-third (1/3) of the Legislative Council seats to be filled by the Members of the Legislative Assembly (MLAs). This is the largest single voting bloc in the Council’s complex electoral composition.
Non-MLA Requirement: A critical constitutional rule is that MLAs cannot elect themselves or their sitting peers to the upper house. The candidates they choose must explicitly be individuals who are not currently serving members of the Legislative Assembly, preventing double representation and encouraging the inclusion of external party stalwarts.
Proportional Voting System: The election of these candidates by the MLAs is not conducted via a simple majority vote. It utilizes the system of proportional representation by means of a single transferable vote (STV). This complex voting method ensures that minority political parties within the Assembly can secure representation in the Council proportional to their strength.

📌 State Legislature • Quorum

Q.16) What is the quorum required to hold a meeting of either House of the state legislature?

Ans > 10 members or one-tenth of the total members of the House, whichever is greater

Defining Quorum: In parliamentary terminology, a quorum is the absolute minimum number of legally qualified members who must be physically present in the legislative chamber to validly transact government business, hold debates, or pass binding legislation.
Article 189(3) Standard: The Constitution explicitly defines this minimum threshold for state legislatures. It requires the presence of either ten members or one-tenth (10%) of the total membership of that specific House, strictly enforcing the rule that whichever of these two numbers is greater becomes the mandatory quorum.
Presiding Officer’s Duty: If the required quorum is not met at any point during a legislative sitting, the constitutional burden falls on the Presiding Officer (the Speaker in the Assembly or the Chairman in the Council). They are legally obligated to either temporarily suspend the meeting or adjourn the House completely until the necessary quorum is gathered.

📌 State Legislature • Bills

Q.17) If a bill originated in the Legislative Assembly is rejected by the Legislative Council, the assembly can pass it again. In the second instance, how long can the council delay the bill?

Ans > One month

Assembly Supremacy: The legislative procedures outlined in Article 197 heavily favor the directly elected Legislative Assembly. Unlike the Rajya Sabha at the national level, which possesses substantial power to block legislation, the State Legislative Council operates with severely restricted legislative authority regarding ordinary bills.
The Second Instance Rule: If the Legislative Council rejects a bill, amends it unacceptably, or stalls it, the Legislative Assembly has the ultimate power to simply pass the bill a second time and transmit it back to the upper house, effectively overriding the Council’s initial objections.
Strict Final Deadline: Upon receiving this bill for the second time, the Legislative Council is constitutionally cornered. It is only permitted a maximum delay period of one single month. If the Council fails to pass the bill within this 30-day window, the bill is legally deemed to have been passed by both houses in the form approved by the Assembly.

📌 State Legislature • Bills

Q.18) What is the maximum period for which the Legislative Council can delay an ordinary bill overall (combining first and second instances)?

Ans > Four months

The First Pass Delay: When an ordinary bill is transmitted from the Legislative Assembly to the Legislative Council for the very first time, the Council is granted a maximum constitutional window of exactly three months to deliberate, pass, amend, or reject the proposed legislation.
The Second Pass Delay: If the Assembly chooses to override the Council and passes the bill a second time, the Council’s deliberative window shrinks drastically. During this second transmission, the upper house is only legally permitted to hold up the legislation for a maximum of one additional month.
Dilatory Chamber Status: By adding the three months from the first instance and the one month from the second instance, the absolute maximum delay a Legislative Council can impose is strictly four months. This timeline structurally reduces the Council to a mere “dilatory chamber”—it can temporarily slow down legislation, but it can never permanently veto it.

📌 State Legislature • Deadlock

Q.19) Does the Constitution provide for a mechanism of a joint sitting of both Houses of the state legislature to resolve a deadlock over an ordinary bill?

Ans > No, there is no provision for a joint sitting in the state legislature

Absence of Article 108 Equivalent: At the Union level, the Constitution relies on Article 108 to resolve severe legislative deadlocks between the Lok Sabha and Rajya Sabha by convening a joint sitting. However, there is absolutely no corresponding constitutional provision for resolving disputes between the two houses of a state legislature.
Built-in Resolution Mechanism: The framers of the Constitution deemed a joint sitting at the state level unnecessary because Article 197 already provides a definitive resolution mechanism: it permanently tilts the balance of power toward the lower house. The Assembly’s ability to forcefully pass a bill a second time inherently resolves any deadlock.
Preventing Upper House Dominance: This deliberate constitutional design ensures that an indirectly elected State Legislative Council cannot endlessly paralyze the legislative agenda of a popularly elected state government. The absolute supremacy of the Legislative Assembly renders the concept of a state-level joint sitting entirely redundant.

📌 State Legislature • Money Bill

Q.20) A Money Bill can be introduced in the state legislature only in the Legislative Assembly and only on the recommendation of the:

Ans > Governor

Exclusive Assembly Power: Articles 198 and 207 clearly establish the absolute financial supremacy of the Legislative Assembly. The Constitution explicitly forbids the introduction of any Money Bill—which deals with taxation, borrowing, or state expenditures—in the Legislative Council. The lower house holds the exclusive power of the purse.
Governor’s Prior Consent: Before a state government can formally table a Money Bill on the floor of the Legislative Assembly, it is constitutionally mandatory to obtain the prior recommendation of the state Governor. This ensures executive oversight before major financial legislation is debated.
Council’s Minimal Role: Once the Assembly passes a Money Bill, the Legislative Council is practically powerless to alter it. The upper house cannot reject or amend the financial legislation; it is restricted to offering recommendations and can only delay the bill’s passage for a maximum period of 14 days.

📌 State Executive • Governor’s Power

Q.21) When a Governor reserves a state bill for the consideration of the President, and the President directs the Governor to return it to the state legislature for reconsideration, the state legislature must reconsider it within:

Ans > Six months

Governor’s Reservation Power: Under Article 200, a state Governor holds the discretionary power to withhold assent to a state bill and instead reserve it for the consideration of the President of India. This mechanism acts as a federal check against state laws that might conflict with central policies, violate the Constitution, or threaten the jurisdiction of High Courts.
Presidential Directive: When the President reviews the reserved bill under Article 201, they can direct the Governor to return the legislation (if it is not a Money Bill) back to the state legislature. This return comes with a formal message requesting the assembly to reconsider the bill or specific provisions within it.
Strict Six-Month Deadline: The Constitution imposes a firm timeline on the state. Once the Governor formally returns the bill with the President’s message, the state legislature is legally obligated to reconvene, debate the issues raised, and reconsider the legislation within a strict window of six months from the date of receipt.

📌 Union Executive • President’s Power

Q.22) If the state legislature passes the returned bill again with or without amendments and presents it to the President for his assent, is the President bound to give his assent?

Ans > No, the President is not bound to give his assent

The Federal Veto: The constitutional procedure outlined in Article 201 establishes a profound power imbalance between the Union and the States. When a state legislature re-passes a bill that was returned by the President, and submits it for a second time, the President retains absolute discretion and is under no constitutional obligation to provide assent.
Contrast with Parliament: This represents a stark and deliberate contrast to Article 111, which governs Union legislation. If the Union Parliament re-passes a returned central bill and sends it back to the President, the President is constitutionally forced to grant assent. State bills enjoy no such protection.
Absolute Central Control: This mechanism effectively grants the Union government (acting through the President on the advice of the Union Council of Ministers) an absolute and permanent veto over specific state legislations. It ensures the Centre can permanently block state laws it deems deeply harmful to national interests or federal harmony.

📌 State Executive • Ordinances

Q.23) Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session. An ordinance promulgated by the Governor ceases to operate upon the expiry of what period from the reassembly of the state legislature?

Ans > Six weeks

Emergency Legislative Power: Article 213 empowers the Governor to promulgate ordinances, granting the state executive the ability to enact temporary, binding laws to address urgent, unforeseen situations when the state legislative assembly is currently prorogued or not in active session.
Legislative Approval Requirement: An ordinance holds the exact same legal weight as a standard legislative act, but it is inherently temporary. To become a permanent law, the ordinance must be formally laid before the state legislature immediately after it reconvenes and must be passed as a regular bill.
The Six-Week Lifespan: The Constitution mandates that if the legislature takes no action, the ordinance automatically expires and ceases to operate exactly six weeks from the date the legislature reassembles. Since the maximum gap between legislative sessions is six months, the absolute maximum theoretical lifespan of an unapproved ordinance is six months plus six weeks.

📌 Constitution • Amendments

Q.24) Which Constitutional Amendment Act made it obligatory for the President to give his assent to a Constitutional Amendment Bill?

Ans > 24th Amendment Act (1971)

The Golaknath Catalyst: The 24th Amendment Act of 1971 was rapidly enacted by the Indira Gandhi government as a direct, powerful retaliation to the Supreme Court’s controversial ruling in the Golaknath case (1967), which had previously severely restricted Parliament’s constitutional power to amend Fundamental Rights.
Amending Article 368: This transformative amendment fundamentally rewrote Article 368, explicitly asserting Parliament’s unlimited constituent power to amend any part of the Constitution. Crucially, it altered the language regarding the President’s role, changing “it shall be presented to the President for his assent” to explicitly state that the President “shall give his assent.”
Stripping the Veto: By legally forcing the President’s hand, the 24th Amendment entirely stripped the President of India of any discretionary power, absolute veto, or suspensive veto concerning Constitutional Amendment Bills, ensuring the executive could not block constitutional changes passed by Parliament.

📌 Federalism • New States

Q.25) Which Article grants Parliament the power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit?

Ans > Article 2

External Territorial Power: Article 2 specifically grants the Union Parliament the sweeping authority to admit entirely new states into the Indian Union. Crucially, this article exclusively deals with external territories that were not previously a part of the existing geographical boundaries of India.
Defining Terms and Conditions: The language of Article 2 is exceptionally broad, giving Parliament absolute discretion to dictate the specific “terms and conditions” upon which a new, foreign territory is admitted and integrated into the federal structure of the country.
The Sikkim Example: The most prominent historical application of this power occurred with Sikkim. Originally an independent protectorate, Sikkim was first made an “associate state” via the 35th Amendment, and was subsequently admitted into the Union as a full-fledged Indian state under the provisions of Article 2 through the 36th Amendment Act in 1975.

📌 Federalism • Reorganization

Q.26) Which Article grants Parliament the power to form a new state by separation of territory from any state, or by uniting two or more states?

Ans > Article 3

Internal Reorganization: While Article 2 deals with external territories, Article 3 is the constitutional mechanism for the internal reorganization of the country. It empowers Parliament to form entirely new states by carving territory out of existing states, merging multiple states together, or drastically altering existing boundaries.
Indestructible Union, Destructible States: The immense power granted under Article 3 perfectly illustrates the famous constitutional maxim that India is an “indestructible union of destructible states.” The central government can unilaterally redraw the political map of the country, proving that states do not enjoy territorial integrity guarantees.
Modern Applications: This exact constitutional provision has been repeatedly utilized by Parliament to reshape India over the decades. It was the legal mechanism used to carve Telangana out of Andhra Pradesh (2014), and to create Uttarakhand, Jharkhand, and Chhattisgarh in the year 2000.

📌 Federalism • Reorganization

Q.27) Before introducing a bill for forming new states or altering boundaries (under Article 3) in the Parliament, whose prior recommendation is required?

Ans > The President

Executive Gatekeeping: Because altering state boundaries is a highly sensitive political process that can trigger regional unrest and massive administrative overhauls, the Constitution mandates a crucial executive safeguard. A bill aiming to utilize Article 3 powers cannot be casually introduced by any private member; it strictly requires the prior, formal recommendation of the President of India.
Council of Ministers’ Role: In the Indian parliamentary system, the President functions as a titular head and acts strictly on the binding aid and advice of the Union Council of Ministers, led by the Prime Minister. Therefore, requiring the President’s recommendation effectively means the central government must fully endorse and initiate the boundary-altering legislation.
Preventing Frivolous Bills: This mandatory prior recommendation serves as a vital filtering mechanism. It ensures that Parliament’s time is not wasted on frivolous, politically motivated, or poorly planned private member bills attempting to divide states without the backing of the national executive machinery.

📌 Federalism • Reorganization

Q.28) Before recommending a bill under Article 3, the President must refer the bill to the legislature of the state(s) concerned for expressing its views. Are these views binding on the President or Parliament?

Ans > No, they are not binding

Mandatory Consultation: The Constitution does afford a basic level of federal courtesy to the states. Before the President formally recommends an Article 3 bill to Parliament, it is constitutionally mandatory to refer the draft legislation to the affected state legislature(s), giving them a specified time frame to debate the changes and express their official views.
Absolute Non-Binding Nature: While the consultation process is mandatory, the actual views, resolutions, or objections expressed by the state legislature are completely legally non-binding. The President (and by extension, the Union Parliament) possesses the absolute authority to accept or entirely ignore the state’s feedback.
Federal Imbalance: This procedure heavily highlights the strong unitary bias embedded within the Indian Constitution. Parliament can forcefully split a state, reduce its area, or change its name even if the state legislature unanimously passes a resolution aggressively opposing the central government’s proposed legislation.

📌 Federalism • Linguistic States

Q.29) The State of Andhra Pradesh was the first linguistic state created in 1953 by separating Telugu speaking areas from the state of:

Ans > Madras

The Agitation for Andhra: Following India’s independence, there was a massive, prolonged political demand to reorganize the heavily mixed Madras state. Telugu-speaking populations in the northern regions of Madras felt culturally and economically marginalized and aggressively demanded a separate, dedicated linguistic state.
The Catalyst of Martyrdom: The central government initially resisted this demand. However, the movement reached a boiling point when a prominent freedom fighter and activist, Potti Sriramulu, undertook a severe fast unto death to secure statehood. His tragic death on the 56th day of his hunger strike triggered massive, violent riots across the region.
Creation of the First State: Forced by overwhelming public anger and a deteriorating law and order situation, Prime Minister Jawaharlal Nehru’s government relented. In October 1953, the central government formally carved the Telugu-speaking areas out of the sprawling Madras State, creating Andhra State, the very first linguistically organized state in independent India.

📌 Constitution • Amendments

Q.30) Which constitutional amendment facilitated the acquisition of certain territories by India and transfer of certain other territories to Bangladesh (exchange of enclaves)?

Ans > 100th Amendment Act (2015)

Resolving Historical Border Disputes: The 100th Constitutional Amendment Act was enacted in 2015 to finally operationalize the historic Land Boundary Agreement (LBA) originally signed between India and Bangladesh way back in 1974. The amendment aimed to permanently resolve decades of complex, chaotic border disputes inherited from the clumsy 1947 partition of Bengal.
The Enclave Exchange: The core of this amendment involved a massive geographical swap. India officially transferred 111 border enclaves (small pockets of Indian land completely surrounded by Bangladeshi territory) to Bangladesh, while concurrently receiving 51 Bangladeshi enclaves that were entirely landlocked within Indian borders.
Amending the First Schedule: Because this international agreement involved physically ceding sovereign Indian territory to a foreign nation, an ordinary legislative act was insufficient. It legally required a formal Constitutional Amendment to alter the First Schedule of the Constitution, which defines the precise territorial limits of the Indian states bordering Bangladesh (Assam, West Bengal, Meghalaya, and Tripura).

📌 Quick Summary — Polity Set 79

Judicial Review: Originated in the USA; part of India’s basic structure.
Ninth Schedule: Added by 1st Amendment to protect land reform laws from judicial scrutiny.
I.R. Coelho Case: Laws in Ninth Schedule after April 24, 1973 are open to judicial review.
Judicial Activism: Term coined by Arthur Schlesinger Jr. in 1947.
PIL Pioneers: Justices V.R. Krishna Iyer and P.N. Bhagwati in India.
Council of Ministers: Article 163 mandates CoM to aid and advise the Governor.
Cabinet Ceiling: Maximum 15% of assembly strength (91st Amendment).
Cabinet Floor: Minimum 12 ministers to protect smaller states.
Collective Responsibility: CoM is responsible solely to the Legislative Assembly.
Legislative Council Creation: Requires special majority resolution by the assembly.
Council Final Act: Passed by Parliament using a simple majority.
Council Strength Limit: Minimum 40 members, maximum 1/3rd of the Assembly.
Graduate Electoral College: Elects 1/12th of the Legislative Council.
Teacher Electoral College: Elects 1/12th of the Legislative Council.
MLA Electoral College: MLAs elect 1/3rd of the Legislative Council from non-members.
Legislature Quorum: 10 members or 1/10th of the House, whichever is greater.
Bill Delay (2nd Pass): Council can delay by maximum one month on second instance.
Bill Delay (Total): Council can delay ordinary bills by maximum four months overall.
State Deadlock: No provision for a joint sitting in state legislatures.
Money Bills: Introduced only in Assembly with Governor’s prior recommendation.
Reserved Bills: State must reconsider within six months if returned by President.
Presidential Veto: President is not bound to assent re-passed state bills.
Governor Ordinance: Expires six weeks from reassembly of state legislature.
Constitutional Amendment Assent: Made mandatory for President by 24th Amendment (1971).
Admitting New States: Article 2 handles admission of external territories into the Union.
Reorganizing States: Article 3 handles internal boundary changes and state separation.
Boundary Changes: Requires prior recommendation of the President.
State Feedback: State legislature views on boundary changes are non-binding.
First Linguistic State: Andhra State created in 1953, separated from Madras.
Bangladesh Enclaves: Exchanged via the 100th Constitutional Amendment Act (2015).

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Polity Set 79

Q.1) The doctrine of ‘Judicial Review’ originated and developed in which country?

Q.2) Which Schedule of the Constitution was added to protect land reform laws from being challenged on the ground of violation of Fundamental Rights?

Q.3) In the I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule are open to judicial review if they were added after which date?

Q.4) The concept of ‘Judicial Activism’ originated in the USA in 1947. Who coined the term?

Q.5) The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. In India, who were the pioneers of PIL?

Q.6) Which Article of the Constitution requires that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor?

Q.7) According to Article 164, the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed what percentage of the total strength of the Legislative Assembly?

Q.8) However, the number of ministers, including the Chief Minister, in a state shall not be less than:

Q.9) The Council of Ministers in a state is collectively responsible to the:

Q.10) To create or abolish a Legislative Council in a state, the state legislative assembly must pass a resolution by a:

Q.11) After the state assembly passes the resolution to create/abolish a legislative council, the final authority to pass the corresponding Act lies with the:

Q.12) The maximum strength of the Legislative Council is fixed at one-third of the total strength of the assembly, and the minimum strength is fixed at:

Q.13) In the election to the Legislative Council, what fraction of members is elected by graduates of three years’ standing residing in the state?

Q.14) In the election to the Legislative Council, what fraction of members is elected by teachers of three years’ standing in the state, not lower in standard than secondary school?

Q.15) In the State Legislative Council, what fraction of the total members is elected by the members of the Legislative Assembly (MLAs) from amongst persons who are not members of the assembly?

Q.16) What is the quorum required to hold a meeting of either House of the state legislature?

Q.17) If a bill originated in the Legislative Assembly is rejected by the Legislative Council, the assembly can pass it again. In the second instance, how long can the council delay the bill?

Q.18) What is the maximum period for which the Legislative Council can delay an ordinary bill overall (combining first and second instances)?

Q.19) Does the Constitution provide for a mechanism of a joint sitting of both Houses of the state legislature to resolve a deadlock over an ordinary bill?

Q.20) A Money Bill can be introduced in the state legislature only in the Legislative Assembly and only on the recommendation of the:

Q.21) When a Governor reserves a state bill for the consideration of the President, and the President directs the Governor to return it to the state legislature for reconsideration, the state legislature must reconsider it within:

Q.22) If the state legislature passes the returned bill again with or without amendments and presents it to the President for his assent, is the President bound to give his assent?

Q.23) Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session. An ordinance promulgated by the Governor ceases to operate upon the expiry of what period from the reassembly of the state legislature?

Q.24) Which Constitutional Amendment Act made it obligatory for the President to give his assent to a Constitutional Amendment Bill?

Q.25) Which Article grants Parliament the power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit?

Q.26) Which Article grants Parliament the power to form a new state by separation of territory from any state, or by uniting two or more states?

Q.27) Before introducing a bill for forming new states or altering boundaries (under Article 3) in the Parliament, whose prior recommendation is required?

Q.28) Before recommending a bill under Article 3, the President must refer the bill to the legislature of the state(s) concerned for expressing its views. Are these views binding on the President or Parliament?

Q.29) The State of Andhra Pradesh was the first linguistic state created in 1953 by separating Telugu speaking areas from the state of:

Q.30) Which constitutional amendment facilitated the acquisition of certain territories by India and transfer of certain other territories to Bangladesh (exchange of enclaves)?

📌 Quick Summary — Polity Set 79

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Q.1) The doctrine of ‘Judicial Review’ originated and developed in which country?

Q.2) Which Schedule of the Constitution was added to protect land reform laws from being challenged on the ground of violation of Fundamental Rights?

Q.3) In the I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule are open to judicial review if they were added after which date?

Q.4) The concept of ‘Judicial Activism’ originated in the USA in 1947. Who coined the term?

Q.5) The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. In India, who were the pioneers of PIL?

Q.6) Which Article of the Constitution requires that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor?

Q.7) According to Article 164, the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed what percentage of the total strength of the Legislative Assembly?

Q.8) However, the number of ministers, including the Chief Minister, in a state shall not be less than:

Q.9) The Council of Ministers in a state is collectively responsible to the:

Q.10) To create or abolish a Legislative Council in a state, the state legislative assembly must pass a resolution by a:

Q.11) After the state assembly passes the resolution to create/abolish a legislative council, the final authority to pass the corresponding Act lies with the:

Q.12) The maximum strength of the Legislative Council is fixed at one-third of the total strength of the assembly, and the minimum strength is fixed at:

Q.13) In the election to the Legislative Council, what fraction of members is elected by graduates of three years’ standing residing in the state?

Q.14) In the election to the Legislative Council, what fraction of members is elected by teachers of three years’ standing in the state, not lower in standard than secondary school?

Q.15) In the State Legislative Council, what fraction of the total members is elected by the members of the Legislative Assembly (MLAs) from amongst persons who are not members of the assembly?

Q.16) What is the quorum required to hold a meeting of either House of the state legislature?

Q.17) If a bill originated in the Legislative Assembly is rejected by the Legislative Council, the assembly can pass it again. In the second instance, how long can the council delay the bill?

Q.18) What is the maximum period for which the Legislative Council can delay an ordinary bill overall (combining first and second instances)?

Q.19) Does the Constitution provide for a mechanism of a joint sitting of both Houses of the state legislature to resolve a deadlock over an ordinary bill?

Q.20) A Money Bill can be introduced in the state legislature only in the Legislative Assembly and only on the recommendation of the:

Q.21) When a Governor reserves a state bill for the consideration of the President, and the President directs the Governor to return it to the state legislature for reconsideration, the state legislature must reconsider it within:

Q.22) If the state legislature passes the returned bill again with or without amendments and presents it to the President for his assent, is the President bound to give his assent?

Q.23) Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session. An ordinance promulgated by the Governor ceases to operate upon the expiry of what period from the reassembly of the state legislature?

Q.24) Which Constitutional Amendment Act made it obligatory for the President to give his assent to a Constitutional Amendment Bill?

Q.25) Which Article grants Parliament the power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit?

Q.26) Which Article grants Parliament the power to form a new state by separation of territory from any state, or by uniting two or more states?

Q.27) Before introducing a bill for forming new states or altering boundaries (under Article 3) in the Parliament, whose prior recommendation is required?

Q.28) Before recommending a bill under Article 3, the President must refer the bill to the legislature of the state(s) concerned for expressing its views. Are these views binding on the President or Parliament?

Q.29) The State of Andhra Pradesh was the first linguistic state created in 1953 by separating Telugu speaking areas from the state of:

Q.30) Which constitutional amendment facilitated the acquisition of certain territories by India and transfer of certain other territories to Bangladesh (exchange of enclaves)?

📌 Quick Summary — Polity Set 79

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