Polity Set 104
🔍
📌 Judiciary • Concepts
Q.1) Which term was coined by American historian Arthur Schlesinger Jr. in 1947 and denotes the proactive role played by the judiciary in protecting citizen rights?
Ans > Judicial Activism
- Origin of the Term: The phrase was first coined by Arthur Schlesinger Jr. in a 1947 Fortune magazine article to describe the United States Supreme Court’s departure from strict adherence to past precedents.
- Indian Context: In the Indian judicial system, activism gained immense prominence in the late 1970s and 1980s. It was spearheaded by pioneering judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer, largely through the innovation of Public Interest Litigation (PIL).
- Core Philosophy: The concept involves the judiciary stepping beyond its traditional, passive role to directly address executive or legislative inaction, thereby ensuring the robust protection of fundamental and human rights for marginalized populations.
- Landmark Examples: Notable instances of judicial activism in India include the broad expansion of Article 21 (Right to Life) to encompass the right to a clean environment, the right to a speedy trial, and the right to free legal aid.
📌 Judiciary • Petitions
Q.2) The concept of a “Curative Petition,” which is the last constitutional resort for grievance redressal in court, originated from the Supreme Court’s judgment in which case?
Ans > Rupa Ashok Hurra case (2002)
- Origin and Significance: The concept of a curative petition was judicially formulated in the landmark 2002 case of Rupa Ashok Hurra vs. Ashok Hurra. It was created to prevent abuse of the judicial process and to cure gross miscarriages of justice even after a standard review petition has been dismissed.
- Constitutional Backing: The petition is implicitly supported by Article 137, which grants the Supreme Court the power to review its own judgments. This ensures that ultimate justice is not sacrificed at the altar of strict procedural finality.
- Filing Criteria: Filing a curative petition is not an automatic right. The petitioner must establish strong grounds, such as a clear violation of the principles of natural justice, or prove that a presiding judge failed to disclose a conflict of interest that caused bias.
- Review Process: The petition is typically circulated in chambers rather than open court. It is reviewed by a bench comprising the three senior-most judges along with the judges who passed the original judgment, meaning oral hearings are granted only in exceptional circumstances.
📌 Supreme Court • Jurisdiction
Q.3) Which Article grants the Supreme Court the original and exclusive jurisdiction over disputes between the Centre and one or more States?
Ans > Article 131
- Exclusive Jurisdiction: Under Article 131, the Supreme Court of India holds original and exclusive jurisdiction over disputes arising between different political units of the Indian federation. No other court in the country has the authority to hear these specific disputes.
- Nature of Disputes: This jurisdiction covers legal conflicts between the Government of India and one or more States, or between two or more States, provided the dispute involves a question of law or fact on which the existence or extent of a legal right depends.
- Exclusions from the Article: This jurisdiction does not cover disputes arising out of pre-Constitution treaties or agreements. Furthermore, inter-state water disputes (which are governed by Article 262) and matters referred to the Finance Commission are entirely excluded from this original jurisdiction.
- Political Disputes Caveat: The Supreme Court has repeatedly clarified that disputes under this article must involve the vindication of a legal or constitutional right; purely political disagreements between the central and state governments do not fall under this ambit.
📌 Supreme Court • President
Q.4) Under which Article does the President have the power to seek an advisory opinion from the Supreme Court on questions of law or fact?
Ans > Article 143
- Advisory Nature: Article 143 explicitly grants the President of India the constitutional authority to consult the Supreme Court on matters of significant public importance or highly complex questions of law, seeking its expert advisory opinion.
- Not Binding on the President: The legal opinion provided by the Supreme Court under this specific article is purely advisory in nature. The President is not legally or constitutionally bound to follow, execute, or implement the judicial advice given by the Court.
- Court’s Discretion: For matters concerning general questions of law or fact, the Supreme Court maintains the discretion to either provide its considered opinion or to politely decline to answer the President’s reference entirely.
- Pre-Constitution Treaties: However, if the President refers a dispute arising out of a pre-Constitution treaty, agreement, or covenant (under the proviso to Article 131), it becomes constitutionally mandatory for the Supreme Court to tender its opinion on the matter.
📌 Supreme Court • Appellate Power
Q.5) Which Article grants the Supreme Court the discretionary power to grant special leave to appeal from any judgment of any court or tribunal in the country?
Ans > Article 136
- Unfettered Discretion: Article 136 confers an exceptional and highly discretionary power upon the Supreme Court to grant Special Leave to Appeal (SLP) against any judgment, decree, determination, or order passed by any court or tribunal within the territory of India.
- Scope and Reach: Unlike regular constitutional or civil appeals, this power is not limited by the type of case. It applies seamlessly to civil, criminal, revenue, or constitutional matters, making it a sweeping judicial tool to ensure absolute justice across all domains.
- Exceptions to the Rule: The only constitutional limitation placed on this vast appellate power is that it cannot be exercised against judgments, orders, or decrees passed by any court or tribunal constituted by or under any law relating to the Armed Forces (such as military court-martials).
- Not a Right of the Litigant: Litigants cannot claim an SLP as a matter of fundamental right. The Supreme Court exercises this power sparingly, typically intervening only when there is a substantial question of law of general public importance or a gross miscarriage of justice.
📌 High Court • Writs
Q.6) Which Article empowers the High Courts to issue writs, including Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and Certiorari?
Ans > Article 226
- Broad Writ Jurisdiction: Article 226 empowers all State High Courts to issue five prerogative writs (Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, Certiorari) for the enforcement of Fundamental Rights and for “any other purpose,” making its scope significantly wider than Article 32.
- Meaning of ‘Any Other Purpose’: The inclusion of the phrase “any other purpose” means High Courts can issue writs not just for constitutional fundamental rights violations, but also for the enforcement of ordinary legal and statutory rights, offering broader immediate relief to citizens.
- Territorial Limitations: A High Court can generally issue writs only within its own territorial jurisdiction. However, an amendment clarified that it can issue a writ outside its territory if the cause of action, wholly or in part, arises within its jurisdictional boundaries.
- Discretionary Remedy: Unlike Article 32, which is itself a Fundamental Right (meaning the Supreme Court generally cannot refuse to hear a fundamental rights violation), the remedy under Article 226 is discretionary. A High Court may refuse to exercise its writ jurisdiction if an adequate alternative legal remedy exists.
📌 High Court • Superintendence
Q.7) Which Article grants every High Court the power of superintendence over all courts and tribunals (except military) functioning in its territorial jurisdiction?
Ans > Article 227
- Power of Superintendence: Article 227 grants every High Court the broad authority of superintendence over all subordinate courts and statutory tribunals functioning within its designated territorial jurisdiction, ensuring they operate strictly within their legally assigned bounds.
- Administrative and Judicial Control: This supervisory power is not just administrative (such as calling for returns, creating registers, or making rules for court proceedings) but also judicial, allowing the High Court to actively correct severe errors of jurisdiction committed by lower judicial bodies.
- Exclusion of Armed Forces: The Constitution contains an explicit exemption stating that the High Court’s power of superintendence under this article does not extend to any court or tribunal constituted under laws relating strictly to the Armed Forces.
- Used Sparingly: The Supreme Court has repeatedly ruled that High Courts should use this supervisory jurisdiction very sparingly. It is meant exclusively to keep lower courts within their authority, not to correct mere errors of fact or to act as an ordinary appellate court for every minor grievance.
📌 Amendments • President Assent
Q.8) Which Constitutional Amendment Act made it obligatory for the President to give his assent to a Constitutional Amendment Bill?
Ans > 24th Amendment Act (1971)
- Background of the Amendment: Passed in 1971 during Prime Minister Indira Gandhi’s tenure, the 24th Amendment was a direct legislative response to the Supreme Court’s judgment in the Golaknath case (1967), which had controversially ruled that Parliament could not amend Fundamental Rights.
- Amending Power Solidified: The act amended both Articles 13 and 368, explicitly stating that Parliament possesses the absolute constituent power to amend any part of the Constitution, including the Fundamental Rights, thereby overturning the judicial restrictions set by Golaknath.
- Presidential Assent Made Mandatory: To prevent any future executive roadblock to constitutional changes, the amendment altered Article 368 to make it constitutionally obligatory for the President to give his assent to a Constitutional Amendment Bill once it is properly passed by Parliament.
- Constitutional Significance: This firmly established parliamentary supremacy in the constitutional amending process. However, this absolute power was later balanced and restricted by the Supreme Court in the landmark 1973 Kesavananda Bharati case, which introduced the limiting “Basic Structure Doctrine.”
📌 Emergency Provisions • 44th Amendment
Q.9) The 44th Amendment Act (1978) replaced the term “internal disturbance” with which term as a ground for declaring a National Emergency?
Ans > Armed Rebellion
- Post-Emergency Corrections: The 44th Amendment Act of 1978 was enacted by the Morarji Desai-led Janata Party government primarily to undo the severe constitutional distortions and power grabs introduced during the controversial 1975-1977 Internal Emergency under Indira Gandhi.
- Change in Emergency Grounds: The vague and broad term “internal disturbance,” which was legally used to justify the 1975 Emergency, was deemed too prone to executive misuse. The amendment substituted it with the far stricter phrase “armed rebellion” to ensure national emergencies couldn’t be declared for mere political unrest.
- Cabinet Approval Requirement: The amendment introduced a crucial democratic safeguard stating that the President can declare a National Emergency only on the basis of a formal written recommendation from the Union Cabinet, thereby preventing unilateral, dictatorial decisions by the Prime Minister alone.
- Protection of Fundamental Rights: It also established a permanent safeguard ensuring that the Fundamental Rights guaranteed under Articles 20 (protection in respect of conviction for offences) and 21 (right to life and personal liberty) can never be suspended, even during a legitimate National Emergency.
📌 Fundamental Rights • Emergency
Q.10) When a Proclamation of National Emergency is made under Article 352, the Fundamental Rights guaranteed by which Article are automatically suspended (under Article 358)?
Ans > Article 19
- Automatic Suspension Mechanism: Under Article 358 of the Constitution, the moment a National Emergency is declared under Article 352, the six fundamental freedoms guaranteed to all citizens by Article 19 are automatically suspended across the country or in the specified affected area.
- Limitation by the 44th Amendment: The 44th Amendment Act (1978) severely restricted this automatic suspension power. Post-1978, Article 19 is automatically suspended only when the National Emergency is declared on the grounds of war or external aggression, but absolutely not for an “armed rebellion.”
- Legislative and Executive Immunity: While Article 19 is suspended, the state apparatus is completely freed from the restrictions of these specific fundamental rights. Any laws made or executive actions taken during this period cannot be challenged in court on the ground that they violate Article 19 freedoms.
- Restoration Post-Emergency: The suspension lasts strictly only as long as the emergency is in operation. Once the emergency proclamation is officially revoked, Article 19 automatically revives, though actions legally taken during the emergency remain protected from retrospective legal challenges.
📌 Emergency Provisions • Finance
Q.11) Which Article provides for the imposition of Financial Emergency in India?
Ans > Article 360
- Grounds for Declaration: Under Article 360, the President of India can proclaim a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or the financial credit of India, or any specific part of its territory, is severely threatened.
- Parliamentary Approval: The presidential proclamation must be approved by both Houses of Parliament within two months. Once approved, it continues indefinitely until it is explicitly revoked by the President, uniquely requiring no repeated parliamentary approvals to sustain it.
- Impact on Salaries: During this emergency, the executive authority of the Union heavily expands to directing any state to observe specified financial propriety. Crucially, the President can issue binding directions for the reduction of salaries and allowances of all government employees, including Supreme Court and High Court judges.
- Historical Context: Despite facing severe economic crises in the past, particularly the massive balance of payments crisis in 1991, India has never once declared a Financial Emergency. This zero-usage historical record highlights the extreme, last-resort nature of this constitutional provision.
📌 Emergency Provisions • State Directions
Q.12) Article 356 deals with the imposition of President’s Rule in a state. Which Article stipulates that President’s Rule can be imposed if a state fails to comply with the directions given by the Centre?
Ans > Article 365
- Coercive Federal Power: Article 365 acts as a highly coercive enforcement tool within the Indian federal structure. It explicitly states that if a state government fails to comply with or give effect to any lawful constitutional directions from the Centre, a specific constitutional consequence follows.
- Trigger for President’s Rule: The state’s failure to comply allows the President to legally hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
- Link to Article 356: This legal conclusion drawn under Article 365 directly and forcefully triggers the imposition of President’s Rule under Article 356. It essentially expands the grounds on which a state government can be dismissed beyond just a sudden breakdown of internal law and order.
- Judicial Review: The executive use of Article 365 is not totally immune to judicial scrutiny. The Supreme Court, particularly after the landmark S.R. Bommai case (1994), can examine whether the Centre’s initial directions were lawful and whether the subsequent imposition of President’s Rule was justified and not politically motivated.
📌 Legislative Powers • National Emergency
Q.13) Which Article empowers the Parliament to legislate on a matter in the State List while a Proclamation of National Emergency is in operation?
Ans > Article 250
- Unitary Shift in Power: Article 250 powerfully illustrates the unitary bias of the Indian Constitution during severe crises. While a National Emergency is in operation, the normal federal distribution of legislative powers is suspended, and Parliament gains the overriding power to make laws on any item in the State List.
- Concurrent Legislation: The state legislature is not physically suspended or dissolved during a National Emergency, and it can still theoretically make laws. However, if there is any inconsistency between a state law and a parliamentary law made under Article 250, the parliamentary law completely prevails.
- Temporary Applicability: The laws made by Parliament on State List subjects under this specific article are not permanent statutes. They automatically cease to have legal effect six months after the Proclamation of National Emergency has ceased to operate.
- Nationwide or Regional: Parliament’s extraordinary power to legislate on state subjects can extend to the entire country or be applied specifically to the regional territories where the National Emergency is actively in force, ensuring highly flexible legislative crisis management.
📌 Legislative Powers • International Treaties
Q.14) Which Article empowers the Parliament to make laws on a matter in the State List to implement international treaties or agreements?
Ans > Article 253
- International Obligations First: Article 253 gives the central Parliament the exclusive and overriding power to make laws for the whole or any specific part of the territory of India for implementing any treaty, agreement, or convention entered into with any other country or international body.
- Overriding Federal Structure: This legislative power exists regardless of the standard constitutional division of powers. Even if the subject matter falls squarely and exclusively within the State List (List II), Parliament can legislate on it to fulfill international commitments, bypassing state legislatures entirely.
- Protecting Global Reputation: The constitutional framers included this powerful provision to ensure that the Government of India is never paralyzed in meeting its international obligations by reluctant, opposing, or politically hostile state governments who might otherwise block necessary domestic legislation.
- Notable Legislative Examples: Numerous crucial environmental and intellectual property laws, such as the Environment (Protection) Act of 1986, were enacted by Parliament specifically under this article to domestically implement the global decisions made at international conferences like the UN Conference on the Human Environment.
📌 Local Self Government • Panchayats
Q.15) Part IX of the Constitution deals with the Panchayats. How many functional items are placed within the purview of the Panchayats under the Eleventh Schedule?
Ans > 29
- Constitutional Insertion: The Eleventh Schedule was formally added to the Indian Constitution by the landmark 73rd Constitutional Amendment Act of 1992, which successfully granted long-awaited constitutional status and protection to the Panchayati Raj Institutions (PRIs).
- Scope of Functional Items: The schedule contains exactly 29 functional items that fall within the administrative and developmental purview of Panchayats. These subjects are primarily focused on local economic development, ensuring social justice, and managing basic infrastructure at the grassroots village level.
- Key Subjects Included: The 29 crucial items encompass vital rural development areas including agriculture, land improvement, minor irrigation, animal husbandry, rural housing, safe drinking water, rural electrification, and the implementation of various poverty alleviation programs.
- State Legislature’s Role: While the Constitution explicitly lists these 29 items, it is entirely up to the respective State Legislatures to pass specific laws devolving actual administrative power, executive authority, and financial resources to the Panchayats regarding these designated subjects.
📌 Local Self Government • Municipalities
Q.16) Part IX-A of the Constitution deals with Municipalities. How many functional items are placed within the purview of the Municipalities under the Twelfth Schedule?
Ans > 18
- Constitutional Addition: The Twelfth Schedule was officially incorporated into the Indian Constitution through the 74th Constitutional Amendment Act of 1992, successfully providing a robust constitutional framework and structural recognition for urban local bodies or Municipalities.
- List of Responsibilities: This specific schedule enumerates exactly 18 functional items that are placed squarely within the administrative domain of Municipalities, guiding their vital roles in urban planning, local development, and daily civic governance.
- Crucial Urban Functions: The 18 items include critical, day-to-day urban management tasks such as comprehensive urban planning (including town planning), regulation of land use, construction of buildings, public health, sanitation, solid waste management, and the provision of urban amenities like public parks and playgrounds.
- Devolution of Power: Similar to the system established for Panchayats, the actual, practical transfer of powers and responsibilities over these 18 subjects depends entirely on the specific devolution laws enacted by individual state legislatures, which ultimately dictates the functional autonomy of the municipalities.
📌 Elections • State Election Commission
Q.17) Who is responsible for appointing the State Election Commissioner, who oversees elections to Panchayats and Municipalities?
Ans > The Governor
- Creation of the Office: The 73rd and 74th Constitutional Amendment Acts mandated the immediate creation of an independent State Election Commission in every state to ensure that elections to rural and urban local bodies are conducted in a free, fair, and highly regular manner.
- Appointment Authority: The State Election Commissioner is officially appointed by the Governor of the respective state. This independent constitutional authority is formally vested with the absolute superintendence, direction, and control of the preparation of electoral rolls for local elections.
- Independence from Central Body: The State Election Commission operates completely independently of the Election Commission of India. While the central body conducts national (Parliament) and state-level (Legislative Assembly) elections, the state body exclusively and autonomously handles all local body elections.
- Conditions of Service: The exact conditions of service and the tenure of office of the State Election Commissioner are initially determined by the Governor, but to ensure strict operational independence, these conditions cannot be varied to their disadvantage after the official appointment is made.
📌 Elections • Security of Tenure
Q.18) Although the State Election Commissioner is appointed by the Governor, they can only be removed in the same manner and on the same grounds as a:
Ans > Judge of a High Court
- Security of Tenure: To strictly safeguard the independence and operational autonomy of the State Election Commission from daily state executive interference, the Constitution provides the Commissioner with an exceptionally high degree of security of tenure.
- Strict Removal Process: Although directly appointed by the state’s Governor, the State Election Commissioner absolutely cannot be removed by the Governor. They can only be removed from their office in the exact same manner and on the exact same constitutional grounds as a sitting Judge of a High Court.
- Grounds for Removal: This means removal requires a formal presidential order based solely on a resolution successfully passed by both Houses of Parliament with a special majority, and the only two legally acceptable grounds are strictly “proved misbehavior” or “incapacity.”
- Ensuring Fair Elections: This highly stringent and difficult removal process ensures that the Commissioner can conduct local body elections completely impartially, boldly without any fear of political retaliation or the threat of arbitrary dismissal by the ruling state government.
📌 Local Governance • PESA Act
Q.19) To extend the provisions of Part IX to Scheduled Areas, the Parliament enacted the PESA Act in which year?
Ans > 1996
- Context of Enactment: The original 73rd Amendment Act (Panchayats) did not automatically apply to the Scheduled Areas (listed under the Fifth Schedule). Parliament was tasked with extending these provisions with necessary, culturally sensitive modifications, leading to the enactment of the PESA Act in 1996.
- Full Form and Objective: PESA fully stands for the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act.” Its primary legislative objective is to legally recognize the traditional rights of tribal communities and deeply empower them through local self-governance via the village Gram Sabhas.
- Empowering the Gram Sabha: Under the PESA framework, the Gram Sabha is legally made the absolute nucleus of all local activities. It is endowed with the immense power to safeguard traditions, approve socio-economic development plans, and control minor forest produce and local natural resources.
- Preventing Exploitation: A key, protective feature of PESA is granting indigenous tribal communities the statutory authority to prevent land alienation, strictly regulate predatory money lending, and manage village markets, effectively shielding them from external economic exploitation and preserving their cultural identity.
📌 Directive Principles • Co-operatives
Q.20) The 97th Constitutional Amendment Act (2011) inserted which new Directive Principle of State Policy to promote co-operative societies?
Ans > Article 43B
- Constitutional Amendment: Article 43B was officially added to the Directive Principles of State Policy (Part IV) of the Indian Constitution by the 97th Constitutional Amendment Act of 2011, an amendment that focused heavily on radically reforming and protecting the Indian cooperative sector.
- Directive for the State: This specific article firmly directs the State to actively promote the voluntary formation, autonomous functioning, democratic control, and highly professional management of co-operative societies across the length and breadth of the country.
- Economic Empowerment: The core constitutional philosophy behind this inclusion is to leverage co-operatives as a powerful tool for grassroots economic empowerment, especially for rural farmers, local artisans, and marginalized sectors, by shielding them from large corporate monopolies and exploitative middlemen.
- Supporting Part IX-B: This Directive Principle acts as the ideological foundation for the newly added Part IX-B of the Constitution (also inserted by the 97th Amendment), which meticulously lays out the detailed structural and regulatory framework for incorporating and democratically managing co-operative societies.
📌 Fundamental Rights • Associations
Q.21) The right to form co-operative societies is a Fundamental Right guaranteed under which Article?
Ans > Article 19(1)(c)
- Elevation to Fundamental Right: Before the year 2011, forming general associations or trade unions was a recognized fundamental right, but co-operative societies were not explicitly mentioned. The 97th Amendment Act amended Article 19(1)(c) to expressly and purposefully include the right to form “co-operative societies.”
- Democratic Ownership: By elevating this to the status of a fundamental right, the Constitution now guarantees all citizens the absolute freedom to unite voluntarily to meet their common economic, social, and cultural needs through a jointly-owned and strictly democratically-controlled enterprise.
- Reasonable Restrictions: Like all freedoms guaranteed under Article 19, this right is not entirely absolute. The State retains the power to impose “reasonable restrictions” under Article 19(4) in the crucial interests of the sovereignty and integrity of India, public order, or general morality.
- Judicial Protection: Elevating this to a Fundamental Right means that any citizen whose right to form or run a cooperative society is arbitrarily hindered or blocked by the state can directly approach the Supreme Court or High Courts via writ petitions for immediate judicial redressal.
📌 Constitutional Bodies • NCBC
Q.22) The 102nd Amendment Act (2018) conferred constitutional status on the:
Ans > National Commission for Backward Classes (NCBC)
- Granting Constitutional Status: The 102nd Constitutional Amendment Act of 2018 successfully provided highly elevated constitutional status to the National Commission for Backward Classes (NCBC) by formally inserting a brand new Article 338B directly into the text of the Constitution.
- Historical Background: Prior to this pivotal amendment, the NCBC operated merely as a statutory body established in 1993 under a standard Act of Parliament, and was primarily tasked with advising the central government purely on the inclusion or exclusion of specific communities in the Central OBC list.
- Expanded Powers and Functions: With its new constitutional status, the NCBC gained immense investigative powers akin to a civil court to deeply monitor all matters relating to the constitutional safeguards provided for the socially and educationally backward classes, and to urgently inquire into specific rights deprivation complaints.
- Parity with SC/ST Commissions: This historic amendment effectively and permanently brought the NCBC on exact par with the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A) in terms of overall investigative authority and strong constitutional protection.
📌 Amendments • Reservations
Q.23) The 103rd Amendment Act (2019) introduced a 10% reservation quota in education and government jobs for the:
Ans > Economically Weaker Sections (EWS)
- Economic Criteria Introduced: The 103rd Constitutional Amendment Act of 2019 fundamentally altered India’s decades-old affirmative action framework by boldly introducing economic backwardness as a sole, independent criterion for reservation, totally distinct from historical social and educational backwardness.
- Amending Fundamental Rights: It legally achieved this by adding new enabling clauses to Article 15 (Clause 6) and Article 16 (Clause 6), empowering the state to proactively provide up to 10% reservation in educational institutions and public employment strictly for the Economically Weaker Sections (EWS).
- Exclusion of Existing Categories: This specific 10% EWS quota is strictly meant for the “general category” populace. It explicitly excludes those individuals who are already covered under the existing, traditional reservation schemes for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
- Supreme Court Validation: The amendment faced intense legal scrutiny regarding whether it violated the “basic structure” doctrine by breaching the historic 50% reservation ceiling previously set in the Indira Sawhney case. However, in 2022, a 5-judge Supreme Court bench upheld its constitutional validity.
📌 Official Language • Union
Q.24) The official language of the Union is declared under which Article of the Constitution?
Ans > Article 343
- Hindi in Devanagari Script: Article 343 explicitly and clearly declares that the official language of the Union of India shall be Hindi written in the Devanagari script, setting the primary linguistic foundation for the central government’s vast administrative work.
- Status of Numerals: While Hindi is declared the official language, the Constitution strictly specifies that the form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals, and not the traditional Devanagari numerals.
- English as a Transitory Language: Recognizing the immense linguistic diversity of the nation and practical administrative realities, Article 343 allowed the continued use of English for all official purposes for a strict initial period of 15 years from the commencement of the Constitution (until 1965).
- Parliamentary Extension: The article importantly also empowered Parliament to enact laws providing for the continued use of English beyond the initial 15-year period. Consequently, Parliament passed the Official Languages Act of 1963, allowing English to continue indefinitely alongside Hindi for official work.
📌 Schedules • Languages
Q.25) How many languages are currently recognized and listed in the Eighth Schedule of the Constitution?
Ans > 22
- Constitutional Recognition: The Eighth Schedule of the Indian Constitution lists the officially recognized languages of the Republic of India. Inclusion in this specific schedule signifies a very high level of national recognition and guarantees developmental support from the central government.
- Evolution of the List: Originally, when the Constitution was enacted, it recognized only 14 regional languages. Over the ensuing decades, through three separate constitutional amendments (the 21st, 71st, and 92nd), 8 more languages were steadily added, bringing the current total to 22.
- Benefits of Inclusion: Languages placed in the Eighth Schedule mandate the central government to take active measures for their enrichment and development. Furthermore, candidates taking highly competitive all-India examinations (like UPSC) have the fundamental right to use any of these 22 languages as their medium of examination.
- Absence of English: Despite being exceptionally widely used in official government business, the higher judiciary (Supreme Court and High Courts), and inter-state communication, English is notably absent from the list of 22 officially recognized languages in the Eighth Schedule.
📌 Official Language • Classical Status
Q.26) In 2004, the Government of India created a new category of “Classical Languages.” Which language was the first to receive this status?
Ans > Tamil
- Creation of the Category: In the year 2004, the Government of India made a historic policy decision to create a brand new linguistic category called “Classical Languages” to properly honor, protect, and preserve native languages with exceptionally rich, independent, and ancient heritages.
- Criteria for Status: To be successfully designated as classical, a language must mathematically possess a high antiquity of early texts or recorded history over a period of 1500–2000 years, a vast body of ancient literature considered a heritage by generations, and an original literary tradition not heavily borrowed from another community.
- Tamil as the Pioneer: Tamil was proudly the very first Indian language to be accorded this highly prestigious status in 2004, officially acknowledging its vast, ancient Sangam literature and completely independent Dravidian linguistic roots that date back several millennia.
- Benefits Accorded: Languages receiving this rare status benefit from highly significant governmental financial support, including the establishment of dedicated Centers of Excellence for studies, the creation of prestigious international awards for esteemed scholars, and mandates for central universities to create professional chairs specifically for the language.
📌 Constitutional Bodies • GST Council
Q.27) The Goods and Services Tax (GST) Council was introduced into the Constitution (Article 279A) by which Amendment Act?
Ans > 101st Amendment Act
- Overhauling Indirect Taxation: The 101st Constitutional Amendment Act of 2016 successfully introduced the Goods and Services Tax (GST), marking the single most significant and complex indirect tax reform in India’s history by replacing a highly convoluted web of central and state taxes with a single, unified national tax.
- Creation of the GST Council: The historic amendment legally inserted Article 279A, which mandated the President of India to constitute a joint forum of the Centre and the States called the GST Council, fundamentally altering and reshaping the fiscal federal architecture of the entire nation.
- Composition and Leadership: The GST Council is a highly cooperative federal body officially chaired by the Union Finance Minister. It democratically includes the Union Minister of State for Finance and the Finance Ministers (or highly nominated ministers) of all the States and Union Territories with legislatures.
- Decision-Making Power: The Council possesses the exclusive constitutional authority to make binding recommendations to the Union and States on critical issues like tax rates, exemptions, threshold limits, and dispute resolution. Decisions strictly require a three-fourths weighted majority, ensuring both Centre and States must cooperate.
📌 Parliament • Bills
Q.28) Which Article details the definition of a “Money Bill”?
Ans > Article 110
- Strict Constitutional Definition: Article 110 of the Indian Constitution provides a highly specific and legally restrictive definition of a “Money Bill.” For any bill to be officially classified as such, it must contain provisions dealing exclusively with matters like national taxation, government borrowing, or the custody of the Consolidated Fund of India.
- Speaker’s Absolute Authority: If a legislative dispute ever arises over whether a particular bill is a Money Bill or just an ordinary financial bill, Article 110 forcefully dictates that the decision of the Speaker of the Lok Sabha is absolutely final and cannot be legally challenged in any court of law.
- Explicit Exclusions: The article explicitly and carefully clarifies that a bill does not automatically become a Money Bill simply because it provides for the minor imposition of fines, pecuniary penalties, or the standard payment of fees for commercial licenses or local services rendered.
- Legislative Process Bypass: Classifying a piece of legislation as a Money Bill is immensely powerful for the ruling government because it completely strips the Rajya Sabha (Upper House) of its ability to reject or amend the bill. The Rajya Sabha can only make recommendations within 14 days, which the Lok Sabha is entirely free to accept or ignore.
📌 State Legislature • Governor
Q.29) The power of the Governor to reserve a bill passed by the state legislature for the consideration of the President is provided under which Article?
Ans > Article 200
- Options for the Governor: When a bill is successfully passed by the State Legislature and presented to the Governor, Article 200 outlines four constitutional choices: grant assent, withhold assent, return the bill (if it is strictly not a money bill) for legislative reconsideration, or reserve the bill for the President’s detailed consideration.
- Mandatory Reservation: While the Governor’s power to reserve a bill is generally considered highly discretionary, Article 200 explicitly makes it constitutionally mandatory for the Governor to reserve any bill that, if passed into law, would severely endanger the constitutional position, authority, and powers of the state’s High Court.
- Protecting Federal Interests: The unique provision of reserving state bills for the President’s desk acts as a highly crucial federal safeguard. It allows the Centre to closely oversee and block state legislation that might contradict existing central laws, gravely violate fundamental rights, or oppose broader national macro-economic policies.
- President’s Veto Power (Article 201): Once a bill is officially reserved under Article 200, the Governor’s constitutional role completely ends. Under Article 201, the President can either give assent or direct the Governor to return the bill. Unlike the Governor, there is no constitutional time limit for the President to decide, legally granting the Centre an effective, indefinite “pocket veto.”
📌 Judiciary • Constitutional Role
Q.30) Ultimately, who acts as the final interpreter and guardian of the Constitution of India?
Ans > The Supreme Court of India
- Guardian of the Constitution: The Constitution of India unequivocally designates the Supreme Court as its ultimate, trusted custodian and supreme guardian. The apex court is tasked with the solemn, overarching duty of ensuring that all legislative enactments and executive actions completely remain strictly within designated constitutional boundaries.
- Power of Judicial Review: The Court aggressively exercises this guardianship role primarily through the powerful tool of Judicial Review. It possesses the unquestionable authority to examine any law passed by Parliament or State legislatures and forcefully strike it down as null and void if it violates any constitutional provision, particularly Fundamental Rights.
- Final Word on Interpretation: While the elected legislature drafts laws and the executive branch implements them daily, it is exclusively the Supreme Court that securely possesses the final, binding authority to interpret the exact meaning, scope, and original intent of the complex words written in the Constitution.
- The Basic Structure Doctrine: To further solidify its role as the ultimate protector against legislative overreach, the Supreme Court famously established the “Basic Structure Doctrine” in 1973. This monumental ruling decisively stated that even Parliament’s vast power to amend the Constitution is not absolute and legally cannot destroy the Constitution’s foundational, core framework.
📌 Quick Summary — Polity Set 104
- Judicial Activism: Term coined by Arthur Schlesinger Jr. in 1947 indicating a proactive judiciary.
- Curative Petition: Originated from Rupa Ashok Hurra case (2002); the final constitutional resort for grievance redressal.
- Article 131: Grants the Supreme Court original and exclusive jurisdiction in Centre-State disputes.
- Article 143: Allows the President to seek an advisory opinion from the Supreme Court.
- Article 136: Empowers the Supreme Court to grant special leave to appeal (SLP) against any judgment.
- Article 226: Empowers High Courts to issue writs for Fundamental Rights and “any other purpose.”
- Article 227: Grants High Courts the power of superintendence over all subordinate courts and tribunals.
- 24th Amendment Act (1971): Made it obligatory for the President to give assent to a Constitutional Amendment Bill.
- 44th Amendment Act (1978): Replaced “internal disturbance” with “armed rebellion” for National Emergency.
- Article 19: Automatically suspended during a National Emergency under Article 358 (when declared on grounds of war/external aggression).
- Article 360: Contains provisions for the declaration of Financial Emergency.
- Article 365: Allows President’s Rule (Art 356) if a state fails to comply with Centre’s directions.
- Article 250: Parliament can legislate on State List subjects during a National Emergency.
- Article 253: Parliament can legislate on State List subjects to implement international treaties.
- 11th Schedule: Contains 29 functional items placed under the purview of Panchayats.
- 12th Schedule: Contains 18 functional items placed under the purview of Municipalities.
- State Election Commissioner: Appointed by the Governor to oversee local body elections.
- Removal of SEC: Can only be removed in the same manner and on identical grounds as a High Court Judge.
- PESA Act (1996): Extends Part IX provisions to Scheduled Areas to empower tribal Gram Sabhas.
- Article 43B: DPSP inserted by the 97th Amendment to promote co-operative societies.
- Article 19(1)(c): Elevates the right to form co-operative societies to a Fundamental Right.
- 102nd Amendment Act: Conferred constitutional status on the NCBC (National Commission for Backward Classes).
- 103rd Amendment Act: Introduced a 10% EWS reservation quota in education and public employment.
- Article 343: Declares Hindi in Devanagari script as the official language of the Union.
- 8th Schedule: Currently recognizes 22 official languages of the Republic of India.
- Classical Languages: Tamil became the first language to receive this status in 2004.
- 101st Amendment Act: Introduced the GST Council (Article 279A) to overhaul indirect taxation.
- Article 110: Defines a “Money Bill,” over which the Lok Sabha Speaker has final authority.
- Article 200: Allows the Governor to reserve state bills for the President’s consideration.
- Supreme Court: The final interpreter and ultimate guardian of the Indian Constitution.
Timer ⏳
15:00
Progress (0/30)
Click any card to flip and reveal the summarized answer!
Smart Review: Questions you got wrong appear here for focused study.