Polity Set 100
π
π Constitution β’ Fundamental Duties
Q.1) The 42nd Amendment Act (1976) originally added how many Fundamental Duties to the Constitution?
Ans > 10
- The Swaran Singh Committee Recommendation: The inclusion of Fundamental Duties was based on the recommendations of the Sardar Swaran Singh Committee, which was formed in 1976 during the National Emergency. Interestingly, while the committee only recommended the addition of eight duties, the 42nd Constitutional Amendment Act ultimately incorporated ten duties into the framework.
- Inspiration from the Soviet Union: The concept of embedding Fundamental Duties directly into the Constitution was heavily inspired by the Constitution of the erstwhile USSR (Soviet Union). At the time of their inclusion, no major democratic nation (like the USA, Canada, or Australia) contained a specific list of duties for its citizens, making India a unique democratic exception.
- Non-Justiciable Legal Nature: Like the Directive Principles of State Policy, Fundamental Duties are non-justiciable in nature. This means that a citizen cannot be directly penalized or taken to court by the State solely for the failure to perform these duties, though the Parliament holds the legislative power to enact laws to enforce specific duties if it chooses to do so.
π Constitution β’ Fundamental Duties
Q.2) Currently, how many Fundamental Duties are listed under Article 51A of the Constitution?
Ans > 11
- The 86th Amendment Act of 2002: The eleventh and final Fundamental Duty was added to the Constitution much later, in 2002. This specific duty mandates that it is the responsibility of every parent or guardian to provide opportunities for education to their child or ward between the ages of six and fourteen years.
- Constitutional Placement and Structure: All eleven Fundamental Duties are neatly consolidated into a single ArticleβArticle 51A. This article is housed entirely within Part IVA of the Constitution, which was specifically created by the 42nd Amendment just to house these civic obligations without disrupting the existing flow of the Directive Principles.
- Blend of Moral and Civic Duties: The list of eleven duties represents a mix of both moral and civic obligations. For instance, the duty to cherish the noble ideals of the freedom struggle is considered a moral duty, whereas the duty to respect the National Flag, the National Anthem, and the Constitution itself is strictly categorized as a civic duty.
π Constitution β’ Fundamental Rights
Q.3) The right to property was deleted from the list of Fundamental Rights by which Constitutional Amendment Act?
Ans > 44th Amendment Act (1978)
- The Morarji Desai Government Initiative: The 44th Amendment Act was enacted in 1978 by the Janata Party government, led by Prime Minister Morarji Desai. A primary objective of this amendment was to reverse many of the controversial changes made during the Emergency era by the 42nd Amendment, while definitively settling the long-standing legal battles over property rights.
- Original Constitutional Placement: Before the passage of this amendment, the right to property was heavily protected in two separate areas of the Constitution: Article 19(1)(f), which guaranteed the right to acquire, hold, and dispose of property, and Article 31, which protected citizens against the deprivation of their property by the State.
- Conflict with Socialist State Goals: The right to property was removed as a Fundamental Right because it constantly clashed with the government’s socialist objectives, specifically land reform laws, the abolition of the Zamindari system, and the equitable redistribution of material resources as outlined in the Directive Principles of State Policy.
π Constitution β’ Legal Rights
Q.4) After its removal as a Fundamental Right, the right to property was made a legal right under which Article?
Ans > Article 300A
- Meaning of a Legal Right: By shifting the right to property to Article 300A, it was downgraded from a Fundamental Right to a purely constitutional or legal right. This means that while a citizen’s property is still protected from arbitrary executive action, the government can legally acquire private property through standard legislative procedures without violating the basic rights chapter.
- Loss of Direct Supreme Court Access: Because it is no longer a Fundamental Right, a citizen whose property is taken by the State cannot directly approach the Supreme Court under Article 32 (Right to Constitutional Remedies) for its enforcement. They must instead file a standard lawsuit or approach a High Court under Article 226.
- Wording of the New Article: Article 300A is remarkably brief and straightforward. It consists of a single sentence stating: “No person shall be deprived of his property save by authority of law.” This ensures that the executive branch (police or administration) cannot seize property without a specific law passed by the legislature backing their action.
π Constitution β’ Parts
Q.5) The right to property (Article 300A) is currently located in which Part of the Constitution?
Ans > Part XII
- Scope of Part XII: Part XII of the Constitution is titled “Finance, Property, Contracts and Suits.” By placing Article 300A in this specific section, the drafters of the 44th Amendment firmly categorized property rights as a financial and administrative matter between the citizen and the State, completely decoupling it from the foundational civil liberties found in Part III.
- No Guaranteed Compensation Provision: Unlike the original Article 31, the new Article 300A does not explicitly guarantee the payment of compensation if the State acquires private property. The only exceptions where compensation remains constitutionally guaranteed are when the State acquires property belonging to minority educational institutions, or land held within statutory ceiling limits under personal cultivation.
- Evolution of the Doctrine of Eminent Domain: The placement in Part XII affirms the State’s power of “Eminent Domain”βthe inherent sovereign power to acquire private property for public use. Indian jurisprudence now balances this sovereign power with the minimal safeguard that such acquisition must strictly follow a validly enacted law.
π Constitution β’ Amendments
Q.6) Part IX-B dealing with “The Co-operative Societies” was added to the Constitution by the:
Ans > 97th Amendment Act (2011)
- Triple Constitutional Protection: The 97th Amendment provided a massive boost to the cooperative movement by amending the Constitution in three distinct places. It made forming cooperatives a Fundamental Right under Article 19, included a new Directive Principle under Article 43B promoting their growth, and added the comprehensive Part IX-B for their governance.
- Standardizing Cooperative Management: The primary objective of Part IX-B was to ensure that cooperative societies across India function in a democratic, professional, and economically sound manner. It strictly limits the number of directors on a cooperative board to a maximum of twenty-one, preventing bloated, inefficient management structures.
- Ensuring Inclusive Representation: To prevent dominant social groups from monopolizing cooperative resources, Part IX-B mandates strict reservation of seats on the board of directors. It explicitly requires the reservation of one seat for Scheduled Castes or Scheduled Tribes, and two seats dedicated specifically for women on the board of every cooperative society.
π Constitution β’ Schedules
Q.7) The Anti-Defection Law, which added the Tenth Schedule to the Constitution, was enacted by the:
Ans > 52nd Amendment Act (1985)
- The “Aaya Ram Gaya Ram” Era: The 52nd Amendment was introduced to combat the chaotic political culture of the 1960s and 1970s, famously dubbed the “Aaya Ram Gaya Ram” phenomenon. During this era, legislators frequently changed political parties for financial bribes or ministerial positions, causing massive instability in state and central governments.
- Primary Grounds for Disqualification: Under the Tenth Schedule, an elected Member of Parliament or State Legislature can be disqualified on two primary grounds: if they voluntarily give up the membership of their political party, or if they vote (or abstain from voting) in the legislative house contrary to the explicit directions (the whip) issued by their party.
- Evolution of the Merger Exception: Originally, the Anti-Defection Law allowed a “split” in a party if one-third of the members defected together, protecting them from disqualification. However, the 91st Amendment Act of 2003 removed the split provision, now only allowing an exemption if a full two-thirds of the legislative party decides to merge with another political party.
π Constitution β’ Official Languages
Q.8) Which Schedule of the Constitution lists the official languages recognized by the Constitution?
Ans > Eighth Schedule
- Constitutional Provisions Addressed: The Eighth Schedule is intrinsically tied to Articles 344(1) and 351 of the Indian Constitution. These articles deal with the creation of the Official Language Commission and the broader constitutional directive given to the Union government to promote and develop the Hindi language to serve as a medium of expression for India’s composite culture.
- Practical Importance of Inclusion: Recognition in the Eighth Schedule carries significant practical weight. Candidates taking all-India competitive examinations (like the UPSC Civil Services) are entitled to write their papers in any of these recognized languages. Additionally, the Reserve Bank of India is mandated to display the denomination on currency notes in all these scheduled languages.
- The Status of the English Language: A common misconception among citizens is that English is an officially scheduled language. Despite its massive prevalence in the Indian judiciary, higher education, corporate sectors, and official government communications, English has never been included in the Eighth Schedule of the Constitution.
π Constitution β’ Official Languages
Q.9) How many official languages are currently recognized in the Eighth Schedule of the Constitution?
Ans > 22
- The Original Constitutional Draft: When the Constitution of India was formally adopted on January 26, 1950, the Eighth Schedule was much smaller, containing only 14 regional languages. Over the decades, through a series of three distinct constitutional amendments, the list has progressively expanded to better represent the linguistic diversity of the nation.
- Classical Languages Distinction: It is important to differentiate between Eighth Schedule languages and “Classical Languages.” While there are 22 scheduled languages, the Government of India has currently bestowed classical status upon only six of them (Tamil, Sanskrit, Kannada, Telugu, Malayalam, and Odia) based on their high antiquity and original, distinct literary traditions.
- Ongoing Demands for Inclusion: The list of 22 languages is not considered final, and linguistic identity remains a powerful political force in India. At present, there are active, organized demands from various regional groups to include an additional 38 languages into the Eighth Schedule, including prominent languages like Bhojpuri, Rajasthani, Tulu, and Bhoti.
π Constitution β’ Amendments
Q.10) Sindhi was added to the Eighth Schedule by the 21st Amendment Act in 1967. Which three languages were added by the 71st Amendment Act in 1992?
Ans > Konkani, Manipuri, Nepali
- The Inclusion of Nepali: The addition of Nepali was highly significant as it was the first language in the Eighth Schedule with major roots outside the modern political borders of India. Its inclusion was a recognition of the large, culturally distinct Indian Gorkha population residing primarily in Darjeeling, Sikkim, and the broader North-Eastern region.
- Impact on Regional Administration: The 71st Amendment provided a massive boost to regional administrative functions and literature. Recognizing Konkani formally acknowledged the unique cultural identity of Goa and parts of coastal Karnataka, while the inclusion of Manipuri (Meitei) protected a rich, ancient Sino-Tibetan language vital to the identity of the state of Manipur.
- The 1967 Linguistic Precedent: The addition of these three languages built upon the precedent set by the 21st Amendment in 1967, which added Sindhi as the 15th language. This established that the Eighth Schedule was a living document that could be modified to accommodate displaced populations (like the Sindhis post-partition) and minority linguistic groups.
π Constitution β’ Amendments
Q.11) Bodo, Dogri, Maithili, and Santhali were added to the Eighth Schedule by which Amendment Act in 2003?
Ans > 92nd Amendment Act
- Representing Deep Linguistic Diversity: The 92nd Amendment was a milestone in recognizing India’s complex linguistic heritage. By adding Santhali, the Constitution gave official recognition to the Austroasiatic language family for the first time. Similarly, Bodo provided crucial constitutional representation for a major Sino-Tibetan language spoken in the Bodoland Territorial Region of Assam.
- Strengthening Regional Identity: The inclusion of Dogri was a major cultural victory for the Jammu region, helping to distinguish its unique identity within the broader state of Jammu & Kashmir. Likewise, recognizing Maithili acknowledged the rich historic, literary, and cultural heritage of the Tirhut region in Bihar, which boasts a distinct script and poetic tradition.
- The Shift to 22 Languages: The passage of the 92nd Amendment Act in 2003 officially raised the total number of recognized languages in the Eighth Schedule from 18 to the current figure of 22. This remains the most recent amendment made to the linguistic schedule of the Indian Constitution.
π Constitution β’ Constitutional Bodies
Q.12) Which Article establishes the Election Commission of India?
Ans > Article 324
- Broad Scope of Electoral Authority: Article 324 vests the power of superintendence, direction, and control of all national and state-level elections in the Election Commission of India. This encompasses the elections for both houses of Parliament, both houses of State Legislatures, and the high offices of the President and Vice-President of India.
- Strict Exclusion of Local Bodies: Despite its vast powers, it is a common point of confusion that the ECI manages all elections. The Election Commission of India has absolutely no jurisdiction over elections to local bodies such as Panchayats and Municipalities. Those are entirely managed by separate State Election Commissions established under different constitutional articles.
- Transition to a Multi-Member Body: Initially, the ECI functioned as a single-member body consisting only of the Chief Election Commissioner. However, following the lowering of the voting age in 1989 (which massively increased the workload), and definitively since 1993, it has functioned as a three-member body with equal decision-making powers among the commissioners.
π Constitution β’ Constitutional Bodies
Q.13) Which Article provides for the establishment of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs)?
Ans > Article 315
- The Watchdogs of the Merit System: The UPSC and SPSCs act as the central and state-level recruiting agencies, famously described as the “watchdogs of the merit system” in India. They conduct examinations for appointments to the services of the Union and States, ensuring that Group A and B civil servants are selected free from political patronage.
- Provision for Joint Commissions: While Article 315 mandates a separate UPSC for the Centre and SPSC for each State, it also allows for the creation of a Joint State Public Service Commission (JSPSC). If two or more states pass a resolution requesting it, the Parliament can establish a JSPSC by law to serve those states collectively.
- Nuances in Appointment and Removal: There is a critical constitutional asymmetry regarding SPSCs. While the Governor of a state has the power to appoint the Chairman and members of a State Public Service Commission, the Governor does not possess the power to remove them. An SPSC member can only be removed from office by the President of India.
π Constitution β’ Constitutional Bodies
Q.14) Which Article provides for the constitution of a Finance Commission by the President every five years?
Ans > Article 280
- Structure as a Quasi-Judicial Body: Article 280 mandates the creation of the Finance Commission as a quasi-judicial advisory body. It is constituted directly by the President of India every fifth year, or earlier if deemed necessary. The commission features a specific structure, consisting of one Chairman and four other members appointed by the President.
- Vertical and Horizontal Devolution: The Commission’s primary duty is to calculate and recommend the distribution of the net proceeds of taxes between the Union government and the State governments (Vertical Devolution), and to further determine how the states’ share should be allocated among the various states themselves based on population, area, and income distance (Horizontal Devolution).
- Advisory Nature of Recommendations: The recommendations made by the Finance Commission regarding tax sharing and grants-in-aid are strictly advisory in nature. They are not legally binding on the Government of India. However, due to the high constitutional standing of the body, governments conventionally accept and implement its core devolution formulas without alteration.
π Constitution β’ Constitutional Bodies
Q.15) Which Article establishes the independent office of the Comptroller and Auditor General (CAG) of India?
Ans > Article 148
- The Supreme Guardian of the Public Purse: The CAG operates as the ultimate guardian of the public purse at both the Central and State levels. The primary constitutional mandate of this office is to ensure that not a single rupee is withdrawn from the Consolidated Fund of India or State funds without valid legal authorization from the respective legislatures.
- Dr. B.R. Ambedkar’s Highest Assessment: During the Constituent Assembly debates, Dr. B.R. Ambedkar famously declared that the CAG would be the most important officer under the Constitution of India. He argued that the CAG’s duties were far more critical than even those of the Judiciary, as the CAG prevents financial ruin before it happens.
- Crucial Synergy with the PAC: The CAG acts as a guide, friend, and philosopher to the Public Accounts Committee (PAC) of the Parliament. The CAG submits three primary audit reports to the President, who lays them before Parliament, where the PAC deeply scrutinizes these findings and holds the executive bureaucracy accountable for financial irregularities.
π Constitution β’ Constitutional Bodies
Q.16) Which Article provides for the appointment of the Attorney General for India?
Ans > Article 76
- The Highest Law Officer in the Nation: The Attorney General is recognized as the highest law officer in the country, acting as the chief legal advisor to the Government of India. To qualify for this prestigious post, a person must hold the exact same rigorous legal qualifications required to be appointed as a judge of the Supreme Court of India.
- Unique Parliamentary Privileges: Unlike any other government official, the Attorney General possesses a unique set of parliamentary privileges. They have the constitutional right to speak and take part in the proceedings of both the Lok Sabha and the Rajya Sabha, or any joint sitting, but they strictly do not possess the right to cast a vote.
- Private Practice Flexibility: The Attorney General is not considered a full-time government servant and is not strictly debarred from private legal practice. However, they are bound by severe restrictions: they cannot advise or hold a brief against the Government of India, nor can they defend accused persons in criminal prosecutions without explicit government permission.
π Constitution β’ Constitutional Bodies
Q.17) Which Article provides for the appointment of the Advocate General of the State?
Ans > Article 165
- State-Level Legal Supremacy: The Advocate General serves as the exact state-level counterpart to the Attorney General of India. Appointed directly by the Governor on the advice of the State Council of Ministers, the Advocate General holds the position of the highest law officer within the territorial jurisdiction of that specific state.
- Strict Qualification Standards: The Constitution lays down stringent criteria for this appointment. A person cannot be appointed as the Advocate General unless they possess the qualifications required to be appointed as a judge of a High Court (meaning they must have held a judicial office for 10 years or been an advocate in a High Court for 10 years).
- Legislative Participation Rights: Mirroring the central structure, the Advocate General enjoys the constitutional right to be an audience in any court within the state. Furthermore, they can attend, speak, and participate in the proceedings of the State Legislative Assembly (and Legislative Council, if present), though they cannot vote on any legislative matters.
π Constitution β’ Constitutional Bodies
Q.18) The National Commission for Scheduled Castes (NCSC) is established under which Article?
Ans > Article 338
- Evolution from a Special Officer: The constitutional mechanism for SC/ST protection originally consisted of only a single “Special Officer” mentioned under Article 338. Acknowledging that a single officer was insufficient, the 65th Constitutional Amendment in 1990 replaced this officer with a powerful, multi-member National Commission for SCs and STs to better handle complex social grievances.
- Powers Equivalent to a Civil Court: When investigating matters related to the deprivation of constitutional safeguards for Scheduled Castes, the NCSC is vested with the formidable powers of a civil court. It can summon and enforce the attendance of any person from any part of India, demand the production of documents, and receive evidence on affidavits.
- Mandatory Government Consultation: The Constitution binds the executive branch to respect the Commission’s expertise. The Union Government and every State Government are constitutionally required to consult the National Commission for Scheduled Castes on all major policy matters that directly affect the welfare, rights, and socioeconomic development of the Scheduled Castes.
π Constitution β’ Constitutional Bodies
Q.19) The National Commission for Scheduled Tribes (NCST) is established under which Article?
Ans > Article 338A
- Bifurcation via the 89th Amendment: Recognizing that the cultural, geographic, and socioeconomic challenges facing Scheduled Tribes were vastly different from those facing Scheduled Castes, the government passed the 89th Amendment Act in 2003. This amendment bifurcated the existing combined commission, creating an entirely separate National Commission for Scheduled Tribes under the new Article 338A.
- Focus on Forest Rights and Rehabilitation: The NCST has a highly specialized mandate beyond general welfare. It actively monitors the implementation of the Forest Rights Act, oversees measures to prevent the alienation of tribal land, and ensures the proper rehabilitation of tribal communities displaced by large-scale mining, dams, or other developmental projects.
- Composition and Leadership Rules: The NCST consists of a Chairperson, a Vice-Chairperson, and three other Members. To ensure proper representation and understanding of tribal issues, the rules mandate that at least one member must be a woman, and the Chairperson should preferably be drawn from the Scheduled Tribe community itself.
π Constitution β’ Constitutional Bodies
Q.20) The National Commission for Backward Classes (NCBC) was given constitutional status under which Article?
Ans > Article 338B
- Elevation by the 102nd Amendment: For decades, the NCBC functioned merely as a statutory body under the Ministry of Social Justice. This changed dramatically with the 102nd Amendment Act of 2018, which inserted Article 338B, elevating the NCBC to a full constitutional body, placing it on absolute par with the commissions for SCs and STs.
- Empowerment in Grievance Redressal: As a statutory body, the NCBC could only recommend inclusions or exclusions to the OBC list. By gaining constitutional status under Article 338B, the Commission was finally empowered to hear specific grievances and investigate complaints regarding the deprivation of rights and safeguards provided to Socially and Educationally Backward Classes.
- Changes to the Central OBC List: Alongside Article 338B, the 102nd amendment also introduced Article 342A. This shifted the power of notifying socially and educationally backward classes from the state governments to the President of India (in consultation with the Governor), centralizing the creation of the official list for central government purposes.
π Constitution β’ Local Government
Q.21) The State Election Commission, responsible for panchayat and municipality elections, is established under which Article?
Ans > Article 243K
- A Product of Democratic Decentralization: Article 243K was introduced by the landmark 73rd Amendment Act in 1992. Prior to this, elections to local bodies were often heavily delayed or manipulated by state governments. The creation of the State Election Commission ensured that grassroots democracy through regular, five-year elections became a constitutional mandate.
- Complete Independence from the ECI: A very common point of confusion is the relationship between the central and state commissions. The State Election Commission is an entirely independent constitutional body. It does not work under, report to, or take directions from the central Election Commission of India located in New Delhi.
- High Court Level Protection of Tenure: To ensure the State Election Commissioner can operate without fear of political retaliation from the State Chief Minister or Cabinet, the Constitution provides strict security of tenure. The Commissioner can only be removed from office in the exact same manner, and on the specific grounds, as a Judge of a State High Court.
π Constitution β’ Local Government
Q.22) Which Article mandates the Governor to constitute a State Finance Commission every five years?
Ans > Article 243I
- Financial Devolution to the Grassroots: Article 243I fundamentally reshaped local governance by ensuring financial autonomy. The State Finance Commission is tasked with reviewing the financial position of Panchayats and Municipalities, and designing the formula for the distribution of state-collected taxes, duties, and tolls between the State government and the local bodies.
- Enhancing Local Revenue Streams: Beyond simply sharing state funds, the Commission is responsible for identifying which taxes, tolls, and fees can be directly assigned to, or appropriated by, the local bodies themselves. This empowers Panchayats and Municipalities to generate their own sustained revenue rather than perpetually begging the state capital for funds.
- Symbiosis with the Central Finance Commission: The work of the State Finance Commission under Article 243I directly impacts national economics. The Central Finance Commission (under Article 280) relies heavily on the reports generated by the State Finance Commissions to recommend measures to augment the Consolidated Fund of a State to supplement local resources.
π Constitution β’ Local Government
Q.23) Which Article mandates the constitution of a District Planning Committee (DPC)?
Ans > Article 243ZD
- Bridging the Rural-Urban Divide: The District Planning Committee was established by the 74th Amendment to solve a major planning flaw: rural and urban areas were planned in isolation. The DPC’s constitutional mandate is to consolidate the separate plans prepared by both rural Panchayats and urban Municipalities into one unified draft development plan for the entire district.
- Strictly Democratic Composition: To prevent state bureaucrats from hijacking local planning, Article 243ZD dictates a heavily democratic structure. It mandates that no less than four-fifths (80%) of the total members of a DPC must be elected from amongst the currently elected members of the district’s Panchayat and Municipalities, proportionate to the rural-urban population ratio.
- Focus on Spatial and Resource Planning: The DPC is required to tackle issues that cross rural-urban borders. When drafting the development plan, the committee must account for matters of common interest, including spatial planning, sharing of local water reserves, environmental conservation, and the integrated development of infrastructure like connecting roads and power grids.
π Constitution β’ Local Government
Q.24) Which Article mandates the constitution of a Metropolitan Planning Committee in every metropolitan area?
Ans > Article 243ZE
- Addressing Megacity Complexities: Article 243ZE specifically targets the unique administrative nightmares of India’s largest urban agglomerations. The Constitution defines a “metropolitan area” as an area having a population of 10 lakhs (one million) or more, comprised of one or more districts, and encompassing multiple municipalities or panchayats that require highly synchronized planning.
- Composition and Representation Ratio: Similar to the DPC, the Metropolitan Planning Committee ensures democratic representation, but with a slightly different ratio. The Constitution mandates that at least two-thirds (66.6%) of the MPC members must be elected by and from amongst the elected members of the Municipalities and Chairpersons of the Panchayats situated within the metropolitan zone.
- Coordinating Heavy Infrastructure Investments: Metropolitan areas involve massive investments from various parastatal agencies, state development authorities, and central government projects (like Metro rail networks or national highways). The MPC serves as the crucial constitutional bridge to coordinate these heavy investments with the localized development plans drafted by the various municipal bodies.
π Constitution β’ Taxation
Q.25) Which Article established the Goods and Services Tax Council (GST Council)?
Ans > Article 279A
- Creation via the 101st Amendment: The introduction of the GST was the most massive overhaul of India’s indirect tax system since independence. To govern this new regime, the 101st Constitutional Amendment Act (2016) inserted Article 279A, creating the GST Council as a powerful, joint constitutional forum representing both the Centre and the States.
- Voting Weights and Cooperative Federalism: The Council’s structure is a delicate balance of federal power. It is chaired by the Union Finance Minister. In any vote, the Central Government holds a weighted voting power of exactly one-third (33.3%), while the combined votes of all the State Finance Ministers account for the remaining two-thirds (66.6%).
- The Three-Fourths Majority Requirement: To ensure that neither the Centre can dictate terms to the States, nor the States can completely override the Centre, Article 279A mandates a high threshold for decision-making. Every decision of the GST Council requires a supermajority of not less than three-fourths (75%) of the weighted votes cast to be adopted.
π Constitution β’ Official Languages
Q.26) Article 343 of the Constitution states that the official language of the Union shall be:
Ans > Hindi in Devanagari script
- The Munshi-Ayyangar Formula: The adoption of Article 343 was the result of a highly contentious and prolonged debate in the Constituent Assembly. To resolve the bitter divide between Hindi-speaking and non-Hindi-speaking states, the Assembly adopted the “Munshi-Ayyangar formula,” which accepted Hindi as the “official” language of the Union, but strictly avoided crowning it the “national” language.
- The Initial 15-Year English Clause: Article 343 originally stipulated that the English language would continue to be used for all official purposes of the Union for a limited period of 15 years from the commencement of the Constitution (until 1965). After this period, Hindi was supposed to completely take over administrative functions.
- The Indefinite Continuation of English: Due to intense protests in South India, particularly in Tamil Nadu, as the 1965 deadline approached, the Parliament was forced to pass the Official Languages Act of 1963. This act utilized the loophole provided in Article 343(3), allowing the indefinite continuation of English alongside Hindi for official Union purposes.
π Constitution β’ Amendment Procedure
Q.27) Which Article deals with the power of the Parliament to amend the Constitution and its procedure?
Ans > Article 368
- South African Constitutional Influence: The framers of the Indian Constitution recognized that a static constitution would stifle national growth. When drafting Article 368 to allow for future modifications, they heavily borrowed the foundational concepts and procedural mechanisms for constitutional amendment from the Constitution of South Africa.
- Three Distinct Amendment Procedures: The Indian Constitution features a unique blend of rigidity and flexibility. Some articles can be amended by a simple parliamentary majority (not considered an amendment under 368), others require a special majority under 368, and the most entrenched federal features require a special majority plus ratification by half of the states.
- Prohibition of Joint Sittings: Unlike ordinary legislative bills where a deadlock between the Lok Sabha and Rajya Sabha can be resolved by the President summoning a joint sitting, Article 368 strictly prohibits this. A constitutional amendment bill must be passed by both Houses separately with the requisite special majority, or the bill simply fails.
π Constitution β’ Amendment Procedure
Q.28) A constitutional amendment bill seeking to amend the federal provisions (like the election of the President, distribution of legislative powers, or Article 368 itself) must be ratified by:
Ans > Not less than half of the states by a simple majority
- Safeguarding the Federal Structure: The requirement for state ratification is a critical constitutional safeguard. It ensures that the Union Parliament cannot unilaterally alter the delicate balance of power between the Centre and the States, protecting federal features like the Supreme Court’s jurisdiction, state representation in Parliament, and the division of taxation powers.
- Lower Threshold for State Legislatures: There is a distinct difference in the voting majorities required. While the Parliament must pass these deeply entrenched amendments using a rigid special majority (two-thirds of members present and voting, plus an absolute majority), the state legislative assemblies are only required to pass the ratification resolution using a standard simple majority.
- Absence of a Prescribed Time Limit: Interestingly, the Constitution of India contains a notable silence regarding the ratification process. Article 368 does not prescribe any specific time limit within which the state legislatures must vote to either ratify or reject the constitutional amendment bill sent to them by the Parliament.
π Constitution β’ Judiciary
Q.29) Who is the final authority to interpret the Constitution of India?
Ans > The Supreme Court
- The Apex Constitutional Court: As the highest court of appeal in the nation, the Supreme Court of India serves as the ultimate arbiter of constitutional meaning. Its interpretation of the constitutional text, legislative intent, and underlying democratic doctrines is legally binding on all other courts and tribunals within the territory of India.
- The Power of Judicial Review: The authority to interpret the Constitution is the foundation of the Supreme Court’s power of judicial review. This allows the Court to scrutinize laws passed by Parliament and actions taken by the Executive, and strike them down as null and void if they are found to be ultra vires (beyond the powers of) the Constitution.
- Advisory Jurisdiction under Article 143: The Supreme Court’s interpretive authority is so absolute that even the President of India relies on it. Under Article 143, the President can refer any question of law or fact of public importance to the Supreme Court for its advisory opinion and authoritative interpretation of constitutional boundaries.
π Constitution β’ Basic Structure
Q.30) The concept that the Parliament cannot amend the ‘Basic Structure’ of the Constitution was established by the Supreme Court in 1973 in the:
Ans > Kesavananda Bharati case
- The Largest Bench in Legal History: The Kesavananda Bharati v. State of Kerala (1973) case is a watershed moment in global constitutional law. It was heard by a 13-judge benchβthe largest in the history of the Indian Supreme Courtβfor a staggering 68 working days, resulting in a razor-thin 7-6 majority verdict that rewrote Indian legal history.
- Limiting Absolute Parliamentary Power: Before this judgment, Parliament asserted it had unlimited power to amend any part of the Constitution, including wiping out Fundamental Rights. The Supreme Court ruled that while Parliament’s amending power under Article 368 is vast, it is not absolute; it cannot use this power to damage, emasculate, or destroy the Constitution’s “Basic Structure.”
- An Evolving, Non-Exhaustive Doctrine: In its judgment, the Supreme Court deliberately refused to provide a final, exhaustive list of what constitutes the “Basic Structure.” This allowed the doctrine to evolve organically over time. Through subsequent cases, features like democracy, secularism, the rule of law, judicial review, and federalism have been cemented as unamendable basic features.
π Quick Summary β Polity Set 100
- Fundamental Duties (42nd Amendment): Added originally 10 Duties (inspired by USSR).
- Article 51A: Currently holds 11 Fundamental Duties (11th added by 86th Amendment).
- Right to Property Removal: 44th Amendment Act (1978) removed it from Fundamental Rights.
- Legal Right to Property: Now a legal right under Article 300A.
- Property in Part XII: Article 300A is located in Part XII (Finance, Property, Contracts).
- Co-operative Societies: Part IX-B was added by the 97th Amendment Act (2011).
- Anti-Defection Law: Added the 10th Schedule via the 52nd Amendment Act (1985).
- Official Languages Schedule: The Eighth Schedule lists recognized languages.
- Total Official Languages: Currently 22 languages in the Eighth Schedule.
- 71st Amendment (1992): Added Konkani, Manipuri, and Nepali.
- 92nd Amendment (2003): Added Bodo, Dogri, Maithili, and Santhali.
- Election Commission: Established under Article 324.
- UPSC & SPSCs: Established under Article 315.
- Finance Commission: Constituted every 5 years under Article 280.
- CAG of India: Established under Article 148.
- Attorney General: Highest law officer appointed under Article 76.
- Advocate General: State’s highest law officer under Article 165.
- NCSC: National Commission for Scheduled Castes under Article 338.
- NCST: National Commission for Scheduled Tribes under Article 338A.
- NCBC: Given constitutional status by the 102nd Amendment under Article 338B.
- State Election Commission: Handles panchayat/municipality elections under Article 243K.
- State Finance Commission: Constituted under Article 243I.
- District Planning Committee: Mandated under Article 243ZD.
- Metropolitan Planning Committee: Mandated under Article 243ZE.
- GST Council: Established via 101st Amendment under Article 279A.
- Union Language: Article 343 declares Hindi in Devanagari script as the official language.
- Amendment Procedure: Handled by Parliament under Article 368.
- Federal Amendments: Require ratification by half the states with a simple majority.
- Interpreting Authority: The Supreme Court is the final interpreter of the Constitution.
- Basic Structure Doctrine: Established in the 1973 Kesavananda Bharati case.
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