Polity Set 122 | MROY Class

Polity Questions & Answers (Set 122)

In the constitutional division of powers between the Union and the States, the ‘residuary powers’ are vested in the: – Parliament
The Inter-State Council was established in 1990 under Article 263. This was done primarily on the recommendation of which commission? – Sarkaria Commission
The concept of the ‘Concurrent List’ in the Indian Constitution was borrowed from the Constitution of: – Australia
Under which Article can the Parliament legislate on a subject in the State List if two or more states pass resolutions requesting it to do so? – Article 252
Which Article empowers the Parliament to establish tribunals for the adjudication of disputes relating to the waters of inter-state rivers or river valleys? – Article 262
The Balwant Rai Mehta Committee (1957) is historically significant for recommending the establishment of: – A three-tier Panchayati Raj system
The Eleventh Schedule of the Constitution specifies the powers and responsibilities of Panchayats. How many functional items are listed in this schedule? – 29
The 74th Constitutional Amendment Act (1992) granted constitutional status and protection to which institutions? – Municipalities (Urban Local Bodies)
The State Election Commissioner is appointed by the Governor to oversee local elections. How can they be removed from office? – In the same manner and on the same grounds as a Judge of a High Court
To extend the provisions of Part IX (Panchayats) to the Scheduled Areas, Parliament enacted the PESA Act in which year? – 1996
The Sixth Schedule of the Constitution deals with the administration of tribal areas in four specific states. Which of the following is one of those states? – Meghalaya
The 69th Constitutional Amendment Act (1991) accorded special status to which Union Territory, designating it as a National Capital Territory? – Delhi
Article 371A was inserted into the Constitution by the 13th Amendment Act (1962) to provide special administrative provisions for the state of: – Nagaland
In the administrative framework of Union Territories, the Administrator of Chandigarh concurrently holds which other prominent constitutional post? – Governor of Punjab
Following the 2019 amendment, what is the prescribed term of office for the Chairperson and members of the National Human Rights Commission (NHRC)? – 3 years or until the age of 70
The Central Vigilance Commission (CVC) was established in 1964 based on the recommendations of the Committee on Prevention of Corruption, headed by: – K. Santhanam
Who was appointed as the first Lokpal of India in March 2019 under the Lokpal and Lokayuktas Act, 2013? – Justice Pinaki Chandra Ghose
The Central Information Commission (CIC) was established in 2005 as a statutory body under the provisions of which Act? – Right to Information Act
NITI Aayog, the premier policy ‘Think Tank’ of the Government of India, was established via an executive resolution on: – January 1, 2015
The 61st Constitutional Amendment Act (1988) significantly altered the electoral landscape of India by: – Reducing the voting age from 21 years to 18 years
The Tenth Schedule, commonly known as the Anti-Defection Law, was added to the Constitution by which Amendment Act? – 52nd Amendment Act (1985)
Under the Anti-Defection Law, who is the final authority to decide whether a member of a House has become subject to disqualification? – The Presiding Officer of the House (Speaker/Chairman)
The “None of the Above” (NOTA) option was introduced on Electronic Voting Machines (EVMs) following a Supreme Court directive in which year? – 2013
The Goods and Services Tax (GST) Council was formally introduced into the Constitution (Article 279A) by which Amendment Act? – 101st Amendment Act (2016)
The 103rd Constitutional Amendment Act (2019) is primarily known for introducing: – A 10% reservation quota for Economically Weaker Sections (EWS)
Which Constitutional Amendment Act conferred constitutional status on the National Commission for Backward Classes (NCBC)? – 102nd Amendment Act (2018)
The terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the Preamble of the Indian Constitution by which Amendment Act? – 42nd Amendment Act (1976)
In which landmark case did the Supreme Court explicitly establish the “Basic Structure” doctrine? – Kesavananda Bharati Case (1973)
The Right to Property was demoted from a Fundamental Right to a mere legal right by which Amendment Act? – 44th Amendment Act (1978)
The procedure for the amendment of the Constitution (Article 368) was borrowed from the constitution of which country? – South Africa

MROY Class

Polity Set 122

Q: In the constitutional division of powers between the Union and the States, the 'residuary powers' are vested in the:

Parliament holds the residuary powers under Article 248.

Q: The Inter-State Council was established in 1990 under Article 263. This was done primarily on the recommendation of which commission?

It was established based on the Sarkaria Commission recommendations.

Q: The Balwant Rai Mehta Committee (1957) is historically significant for recommending the establishment of:

A three-tier Panchayati Raj system.

Q: The Sixth Schedule deals with the administration of tribal areas in four specific states. Which of the following is one of those states?

Meghalaya (along with Assam, Tripura, and Mizoram).

Q: Following the 2019 amendment, what is the prescribed term of office for the Chairperson and members of the National Human Rights Commission (NHRC)?

3 years or until the age of 70.

Q: The 61st Constitutional Amendment Act (1988) significantly altered the electoral landscape of India by:

Reducing the voting age from 21 years to 18 years.

🔍

📌 Centre-State Relations

Q.1) In the constitutional division of powers between the Union and the States, the ‘residuary powers’ (subjects not mentioned in any of the three lists) are vested in the:

Ans > Parliament

Concept of Residuary Powers: In the Indian Constitution, the division of legislative powers between the Union and the States is governed by the Seventh Schedule, which contains the Union List, State List, and Concurrent List. Any subject that does not find a mention in any of these three lists falls under the category of ‘residuary powers’.
Article 248 Framework: Article 248 explicitly vests the exclusive power to make laws with respect to these residuary subjects in the Parliament. This includes the power of making any law imposing a tax not mentioned in either of those Lists. This ensures that the Union government remains strong and can address unforeseen legislative requirements.
Historical Context and Borrowing: This centralized approach to residuary powers was heavily inspired by the Government of India Act, 1935, and structurally borrowed from the Canadian Constitution, which also vests residuary powers in the federal center, unlike the US Constitution where residuary powers belong to the states.

📌 Centre-State Relations

Q.2) The Inter-State Council was established in 1990 under Article 263. This was done primarily on the recommendation of which commission?

Ans > Sarkaria Commission

Genesis of the Commission: The Sarkaria Commission was set up in 1983 by the central government of India under the chairmanship of Justice R.S. Sarkaria, a retired judge of the Supreme Court of India. Its primary mandate was to examine and review the working of the existing arrangements between the Union and States and recommend changes within the constitutional framework.
Recommendation for Inter-State Council: One of the most significant recommendations of the Sarkaria Commission was the establishment of a permanent Inter-State Council as an independent national forum for consultation with a mandate well-defined under Article 263 of the Constitution of India.
Implementation in 1990: Following this robust recommendation, the V.P. Singh-led Janata Dal government formally constituted the Inter-State Council through a Presidential Order in May 1990. The Prime Minister serves as the Chairman of this council, ensuring top-level executive coordination.

📌 Sources of Constitution

Q.3) The concept of the ‘Concurrent List’ in the Indian Constitution, where both the Centre and States can legislate, was borrowed from the Constitution of:

Ans > Australia

Purpose of the Concurrent List: The Concurrent List, found in the Seventh Schedule of the Indian Constitution, includes subjects of common interest to both the Union and the State governments. Both the Parliament and the state legislatures can make laws on the subjects listed here, such as criminal law, marriage, divorce, and education.
Australian Inspiration: The framers of the Indian Constitution borrowed this specific concept from the Constitution of Australia. The objective was to ensure uniformity across the nation in certain areas of law while still allowing states the flexibility to adapt to local conditions and specific regional requirements.
Resolution of Conflicts: In the event of a conflict or inconsistency between a central law and a state law on a subject enumerated in the Concurrent List, the central law prevails over the state law. However, if a state law receives the President’s assent, it can prevail in that specific state.

📌 Legislative Relations

Q.4) Under which Article can the Parliament legislate on a subject in the State List if two or more states pass resolutions requesting it to do so?

Ans > Article 252

Mechanism of Article 252: Article 252 of the Indian Constitution provides a unique mechanism where the Parliament can step in to legislate on a subject strictly within the State List. This happens when the legislatures of two or more states pass a formal resolution requesting the Parliament to enact a law on that specific matter for their states.
Application and Adoption: A law passed by the Parliament under this provision initially applies only to those states that passed the resolutions. However, any other state can subsequently adopt the same parliamentary legislation by passing a similar resolution in its own state legislature, expanding the law’s geographical jurisdiction.
Surrender of State Power: When states pass a resolution under Article 252, they essentially surrender their legislative power on that specific subject to the Parliament. Consequently, such a law can only be amended or repealed by the Parliament and not by the individual state legislatures.

📌 Inter-State Relations

Q.5) Which Article empowers the Parliament to establish tribunals for the adjudication of disputes relating to the waters of inter-state rivers or river valleys?

Ans > Article 262

Necessity of Article 262: Water is a highly sensitive and vital resource, primarily listed as a State subject. However, because many major rivers in India flow across multiple state boundaries, conflicts regarding water sharing, usage, and control are inevitable. Article 262 was incorporated to specifically address the adjudication of disputes relating to the waters of inter-state rivers or river valleys.
Exclusion of Court Jurisdiction: A crucial feature of Article 262 is that it allows Parliament to enact laws that bar the Supreme Court or any other court from exercising jurisdiction over these specific water disputes. This was intended to prevent prolonged litigation and encourage specialized, technical resolution.
Inter-State Water Disputes Act: Empowered by this constitutional article, the Parliament enacted the Inter-State Water Disputes Act in 1956. Under this Act, the Central Government can establish temporary, ad-hoc tribunals to adjudicate specific river water disputes when negotiations between the conflicting states fail.

📌 Local Government

Q.6) The Balwant Rai Mehta Committee (1957) is historically significant for recommending the establishment of:

Ans > A three-tier Panchayati Raj system

Formation and Objective: The Balwant Rai Mehta Committee was appointed by the Government of India in January 1957. Its original purpose was to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better working and implementation at the grassroots level.
Democratic Decentralization: The committee’s most historic contribution was highlighting that community development could only be successful with the active participation of the local public. To achieve this, it strongly recommended the establishment of a scheme of ‘democratic decentralization’, which eventually became popularly known as the Panchayati Raj system.
The Three-Tier Structure: The committee specifically proposed a three-tier system of local self-government. This included the Gram Panchayat at the foundational village level, the Panchayat Samiti at the intermediate block level, and the Zila Parishad at the apex district level, ensuring a connected chain of democratic administration.

📌 Panchayati Raj

Q.7) The Eleventh Schedule of the Constitution specifies the powers and responsibilities of Panchayats. How many functional items are listed in this schedule?

Ans > 29

Addition to the Constitution: The Eleventh Schedule was added to the Indian Constitution by the landmark 73rd Constitutional Amendment Act of 1992. This schedule breathes life into Article 243G, which deals with the powers, authority, and concrete responsibilities that are delegated to Panchayats across the country.
Scope of Functional Items: The schedule comprehensively lists 29 functional items that fall under the purview of Panchayats. These items are directly related to local economic development and social justice, including crucial sectors like agriculture, land improvement, minor irrigation, animal husbandry, rural housing, and drinking water provision.
State Discretion in Devolution: While the Constitution lists these 29 subjects, the actual devolution of power is not automatic. It is up to the respective State Legislatures to pass laws determining exactly how many of these 29 subjects, and what extent of administrative and financial control over them, will actually be transferred to the local Panchayats.

📌 Urban Local Government

Q.8) The 74th Constitutional Amendment Act (1992) granted constitutional status and protection to which institutions?

Ans > Municipalities (Urban Local Bodies)

Urban Local Governance: The 74th Constitutional Amendment Act of 1992 is a monumental piece of legislation that specifically targeted the governance of towns and cities. It introduced Part IX-A into the Constitution, comprehensively dealing with the establishment, structure, and functions of Municipalities, effectively giving them constitutional protection and status.
Categorization of Municipalities: The Act mandates the creation of three types of urban local bodies based on the size and nature of the urban area. These are Nagar Panchayats for transitional areas (rural to urban), Municipal Councils for smaller urban areas, and Municipal Corporations for larger, sprawling urban metropolitan areas.
The Twelfth Schedule: Accompanying this amendment was the addition of the Twelfth Schedule to the Constitution. This schedule outlines 18 specific functional items, such as urban planning, public health, sanitation, and solid waste management, which are to be placed under the administrative and developmental purview of these urban local bodies.

📌 Local Government

Q.9) The State Election Commissioner is appointed by the Governor to oversee local elections. How can they be removed from office?

Ans > In the same manner and on the same grounds as a Judge of a High Court

Role and Appointment: The State Election Commission is an independent constitutional body responsible for the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats and Municipalities. The head of this body, the State Election Commissioner, is officially appointed by the Governor of the respective state.
Security of Tenure: To ensure absolute independence and impartiality in conducting local elections, the Constitution grants the State Election Commissioner strict security of tenure. They cannot be removed from their office at the mere pleasure of the Governor, preventing political interference from the state executive branch.
Rigorous Removal Process: The State Election Commissioner can only be removed from office in the exact same manner and on the exact same grounds as a Judge of a High Court. This means they can only be removed by the President of India following a resolution passed by both Houses of Parliament with a special majority on grounds of proved misbehavior or incapacity.

📌 Panchayati Raj

Q.10) To extend the provisions of Part IX (Panchayats) to the Scheduled Areas, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA) in which year?

Ans > 1996

Exclusion of Scheduled Areas: When the 73rd Constitutional Amendment Act (mandating Panchayati Raj) was passed in 1992, its provisions were intentionally not made automatically applicable to the Scheduled Areas designated under the Fifth Schedule of the Constitution. This was to protect the unique cultural and traditional administrative systems of tribal communities.
Enactment of PESA 1996: To bridge this gap, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, popularly known as PESA, in 1996. Based on the recommendations of the Bhuria Committee, PESA extended Part IX of the Constitution to these areas with specific exceptions and modifications to suit tribal customs.
Empowerment of the Gram Sabha: A cornerstone of the PESA Act is the unprecedented power it vests in the Gram Sabha (the village assembly). It recognizes the traditional rights of tribal communities over natural resources and grants the Gram Sabha significant authority over land acquisition, management of minor forest produce, and control over local dispute resolution.

📌 Scheduled & Tribal Areas

Q.11) The Sixth Schedule of the Constitution deals with the administration of tribal areas in four specific states. Which of the following is one of those states?

Ans > Meghalaya

Focus on the Northeast: The Sixth Schedule of the Indian Constitution is exclusively designed for the administration of distinct tribal areas in the northeastern region of India. It provides a unique framework for self-governance in the states of Assam, Meghalaya, Tripura, and Mizoram (often remembered by the acronym AMTM).
Autonomous District Councils: The core administrative mechanism established by the Sixth Schedule is the creation of Autonomous District Councils (ADCs) and Autonomous Regional Councils. These bodies are equipped with significant legislative, judicial, and executive powers to govern the tribal population and protect their distinct cultural and social identities.
Legislative and Judicial Powers: These Autonomous Councils have the authority to make laws on specific subjects such as land management, forest usage, marriage, and social customs. Furthermore, they can constitute village councils or courts for the trial of suits and cases involving scheduled tribes, ensuring justice is administered according to traditional customary laws.

📌 Union Territories

Q.12) The 69th Constitutional Amendment Act (1991) accorded special status to which Union Territory, designating it as a National Capital Territory?

Ans > Delhi

Creation of the NCT: The 69th Constitutional Amendment Act, passed in 1991, radically transformed the administrative and political structure of the national capital. It inserted Article 239AA, which officially redesignated the Union Territory of Delhi as the National Capital Territory (NCT) of Delhi.
Introduction of a Legislature: Prior to this amendment, Delhi was administered directly by the central government. The 69th Amendment provided Delhi with a Legislative Assembly and a Council of Ministers headed by a Chief Minister, granting the residents of the capital a democratic voice in their local governance.
Limitations on Power: Despite having a Legislative Assembly, the NCT of Delhi is not a full-fledged state. The Delhi legislature can make laws on most subjects in the State List and Concurrent List, but the critical subjects of Public Order, Police, and Land remain explicitly under the exclusive control of the Central Government (Union Home Ministry).

📌 Special Provisions

Q.13) Article 371A was inserted into the Constitution by the 13th Amendment Act (1962) to provide special administrative provisions for the state of:

Ans > Nagaland

Historical Context of the Amendment: The 13th Amendment Act of 1962 was a crucial political milestone resulting from the 16-point agreement between the Government of India and the Naga People’s Convention. It officially paved the way for the creation of the State of Nagaland, elevating it from its previous status, and simultaneously inserted Article 371A into the Constitution.
Protection of Customary Law: Article 371A grants extraordinary protections to the Naga people. It explicitly states that no act of the Indian Parliament shall apply to the State of Nagaland in respect to the religious or social practices of the Nagas, their customary law and procedure, and the administration of civil and criminal justice involving decisions according to Naga customary law.
Ownership and Transfer of Land: Furthermore, the article ensures that parliamentary legislation regarding the ownership and transfer of land and its resources will not apply to Nagaland unless the Legislative Assembly of Nagaland explicitly decides so by a resolution. This is vital for protecting the ancestral land rights of the indigenous Naga tribes.

📌 Union Territories

Q.14) In the administrative framework of Union Territories, the Administrator of Chandigarh concurrently holds which other prominent constitutional post?

Ans > Governor of Punjab

Unique Administrative Setup: Chandigarh holds a unique position in India’s administrative geography. It serves as the shared capital for two neighboring states: Punjab and Haryana. However, it is fundamentally a Union Territory and is thus directly administered by the Central Government.
The Role of the Administrator: Unlike states which have Governors, Union Territories are governed by Administrators or Lieutenant Governors appointed by the President. In the specific case of Chandigarh, the central government has maintained a long-standing administrative tradition where the Governor of Punjab concurrently acts as the Administrator of Chandigarh.
Historical Reason for Arrangement: This concurrent role was established in 1984 during a period of significant political unrest in Punjab. The arrangement was intended to ensure seamless administrative coordination and tight security management between the state of Punjab and its capital territory, which is physically surrounded by Punjab and Haryana.

📌 Statutory Bodies

Q.15) Following the 2019 amendment, what is the prescribed term of office for the Chairperson and members of the National Human Rights Commission (NHRC)?

Ans > 3 years or until the age of 70

Legislative Changes of 2019: The Protection of Human Rights (Amendment) Act, 2019, brought about several significant structural changes to the National Human Rights Commission (NHRC) and State Human Rights Commissions. A primary objective was to align the institution with changing administrative needs and global standards.
Reduction in Tenure: Before this crucial amendment, the Chairperson and members of the NHRC held office for a term of five years or until they attained the age of 70 years, whichever was earlier. The 2019 amendment specifically reduced this operational term from five years down to three years, while keeping the upper age limit firmly at 70 years.
Provision for Reappointment: Alongside the reduction in the fixed term, the amendment act also introduced the provision for reappointment. Previously, members were generally not eligible for reappointment, but the new rules allow the Chairperson and members to be eligible for reappointment for another term, subject to the overall 70-year age cap.

📌 Statutory Bodies

Q.16) The Central Vigilance Commission (CVC) was established in 1964 based on the recommendations of the Committee on Prevention of Corruption, headed by:

Ans > K. Santhanam

Focus on Anti-Corruption: In the early 1960s, growing concerns about corruption in public administration prompted the Government of India to take systematic action. The Committee on Prevention of Corruption was constituted in 1962, under the esteemed chairmanship of K. Santhanam, a prominent parliamentarian and administrator.
Genesis of the CVC: After a thorough review of the administrative landscape, the Santhanam Committee submitted its pivotal report recommending a comprehensive anti-corruption framework. Its most enduring recommendation was the establishment of a powerful, central institutional mechanism, which led directly to the creation of the Central Vigilance Commission (CVC) via an executive resolution in 1964.
Evolution to Statutory Status: Initially formed merely as an advisory body by executive order, the CVC eventually gained immense institutional importance. Recognizing its critical role as the apex vigilance institution in the country, the Parliament eventually granted it formal statutory status by enacting the Central Vigilance Commission Act in the year 2003.

📌 Anti-Corruption Bodies

Q.17) Who was appointed as the first Lokpal of India in March 2019 under the Lokpal and Lokayuktas Act, 2013?

Ans > Justice Pinaki Chandra Ghose

The Lokpal Legislation: The Lokpal and Lokayuktas Act was officially passed in 2013 after decades of public demand and civil society movements (most notably the India Against Corruption movement). The Act mandated the establishment of a Lokpal at the central level to inquire into allegations of corruption against public functionaries, including the Prime Minister.
Appointment of the First Head: Despite the law being passed in 2013, the actual appointment of the institution’s leadership faced years of delay. It was finally in March 2019 that President Ram Nath Kovind formally administered the oath of office to Justice Pinaki Chandra Ghose, making him the historic first Chairperson of the Lokpal of India.
Background of Justice Ghose: Prior to his appointment as the Lokpal, Justice Pinaki Chandra Ghose had a distinguished legal and judicial career. He served as a Judge of the Supreme Court of India from 2013 to 2017 and was known for his stringent views on human rights and administrative transparency, making him a fitting choice for the anti-corruption ombudsman.

📌 Statutory Bodies

Q.18) The Central Information Commission (CIC) was established in 2005 as a statutory body under the provisions of which Act?

Ans > Right to Information Act

Empowering the Citizen: The Right to Information (RTI) Act, passed by the Indian Parliament in 2005, is widely considered one of the most powerful legislations for ensuring transparency and accountability in governance. It replaced the restrictive Freedom of Information Act, 2002, granting citizens a robust legal mechanism to access government records.
Creation of the CIC: To effectively enforce this right and act as the final appellate authority for information-seekers, the RTI Act explicitly mandated the creation of the Central Information Commission (CIC). It is formally classified as a statutory body, as it draws its existence and powers directly from the provisions of this specific Act rather than the Constitution.
Jurisdiction and Composition: The CIC has jurisdiction over all central public authorities and bodies substantially funded by the central government. The Commission is composed of a Chief Information Commissioner and up to ten Information Commissioners, who are formally appointed by the President of India based on the recommendation of a high-level committee.

📌 Non-Constitutional Bodies

Q.19) NITI Aayog, the premier policy ‘Think Tank’ of the Government of India, was established via an executive resolution on:

Ans > January 1, 2015

Replacing the Planning Commission: For decades, India’s economic development was guided by the Planning Commission, which formulated Five-Year Plans based on a top-down model. Recognizing the need for a more dynamic and inclusive approach to policymaking in a changing economy, the government decided to dismantle the Planning Commission in 2014.
Establishment via Resolution: On January 1, 2015, NITI Aayog (National Institution for Transforming India) was officially formed. It is crucial to note that NITI Aayog is neither a constitutional body nor a statutory body; it was created through a simple executive resolution of the Union Cabinet, giving it administrative flexibility.
Cooperative Federalism Focus: Unlike its predecessor, NITI Aayog acts primarily as an advisory ‘Think Tank’. Its core philosophy revolves around ‘cooperative federalism’, promoting the active participation of State Governments in the economic policy-making process. The Prime Minister serves as the ex-officio Chairperson, while all State Chief Ministers are part of its Governing Council.

📌 Constitutional Amendments

Q.20) The 61st Constitutional Amendment Act (1988) significantly altered the electoral landscape of India by:

Ans > Reducing the voting age from 21 years to 18 years

Context of the Amendment: Prior to 1988, Article 326 of the Indian Constitution stipulated that the minimum qualifying age for voting in elections to the Lok Sabha and the State Legislative Assemblies was 21 years. This left a massive demographic of young, politically aware citizens out of the democratic decision-making process.
Empowering the Youth: The 61st Constitutional Amendment Act, enacted during the tenure of Prime Minister Rajiv Gandhi, sought to change this by reducing the universal adult suffrage age from 21 to 18 years. The government argued that the youth were literate, enlightened, and fully capable of participating in the electoral process.
Implementation in 1989: The amendment officially came into force in March 1989. This monumental shift instantly added roughly 50 million young voters to the electoral rolls, profoundly altering election demographics, campaigning strategies, and forcing political parties to focus significantly on youth-oriented policies and employment issues.

📌 Constitutional Amendments

Q.21) The Tenth Schedule, commonly known as the Anti-Defection Law, was added to the Constitution by which Amendment Act?

Ans > 52nd Amendment Act (1985)

Combating Political Instability: During the 1960s and 1970s, Indian politics was plagued by the “Aaya Ram Gaya Ram” phenomenon, where elected legislators would frequently switch political parties for ministerial berths or financial gains, causing massive instability in state and central governments.
Introduction of the Tenth Schedule: To curb this political opportunism, the Rajiv Gandhi government introduced the 52nd Constitutional Amendment Act in 1985. This act seamlessly inserted the Tenth Schedule into the Constitution, laying down stringent rules for the disqualification of Members of Parliament and State Legislatures on the grounds of defection.
Exemptions to the Rule: While the law is strict on individual defections, it does provide certain exemptions to ensure genuine democratic shifts are not penalized. For instance, the law originally protected “splits” in a party, and currently protects “mergers” where at least two-thirds of the members of a legislative party decide to merge with another political party.

📌 Parliament & State Legislature

Q.22) Under the Anti-Defection Law, who is the final authority to decide whether a member of a House has become subject to disqualification on grounds of defection?

Ans > The Presiding Officer of the House (Speaker/Chairman)

Role of the Presiding Officer: Under the detailed provisions of the Tenth Schedule (Anti-Defection Law), the authority to make a final decision on whether a legislator has incurred disqualification due to defection is explicitly vested in the Presiding Officer of the respective House—meaning the Speaker in the case of the Lok Sabha or Legislative Assemblies, and the Chairman in the Rajya Sabha or Legislative Councils.
Initial Immunity from Judicial Review: When the 52nd Amendment was originally passed in 1985, it contained a highly controversial clause stating that the decision of the Presiding Officer would be final and absolutely immune from any form of judicial review by the courts.
Kihoto Hollohan Judgment: However, in the landmark Kihoto Hollohan case (1992), the Supreme Court struck down this immunity clause. The Court ruled that while the Presiding Officer acts as a tribunal determining disqualification, their final decision is indeed subject to judicial review by the High Courts and Supreme Court on grounds of mala fides, perversity, or violation of constitutional mandates.

📌 Elections

Q.23) The “None of the Above” (NOTA) option was introduced on Electronic Voting Machines (EVMs) following a Supreme Court directive in which year?

Ans > 2013

The Right to Reject: The demand for a “None of the Above” (NOTA) option arose from the civil society argument that voters should have a mechanism to formally express their dissatisfaction with all the candidates fielded by political parties in a particular constituency, enforcing a “right to reject.”
Supreme Court’s Landmark Directive: In a historic 2013 judgment based on a Public Interest Litigation filed by the People’s Union for Civil Liberties (PUCL), the Supreme Court of India directed the Election Commission to provide a NOTA button on all Electronic Voting Machines (EVMs) and ballot papers.
Impact and Limitations: The NOTA option was first implemented in the 2013 assembly elections in several states. While it empowers voters to register a negative opinion and theoretically pressures parties to field better candidates, a crucial limitation is that NOTA votes do not impact the election outcome; the candidate with the highest number of valid votes still wins, even if NOTA receives a higher count.

📌 Constitutional Amendments

Q.24) The Goods and Services Tax (GST) Council was formally introduced into the Constitution (Article 279A) by which Amendment Act?

Ans > 101st Amendment Act (2016)

Revolutionizing Indirect Taxes: The Goods and Services Tax (GST) is considered the most significant indirect tax reform in India’s history since independence. It aimed to replace a complex web of central and state indirect taxes with a single, unified tax structure, promoting the concept of “One Nation, One Tax.”
The 101st Amendment Act: Implementing GST required major constitutional changes because it required both the Parliament and State Legislatures to have concurrent powers to make laws regarding goods and services. The 101st Constitutional Amendment Act, 2016, successfully facilitated this massive transition.
Creation of the GST Council: A central pillar of this amendment was the insertion of Article 279A, which established the GST Council. Chaired by the Union Finance Minister and comprising state finance ministers, this constitutional body is tasked with making critical recommendations on tax rates, exemptions, and dispute resolution, functioning as a unique model of cooperative federalism.

📌 Constitutional Amendments

Q.25) The 103rd Constitutional Amendment Act (2019) is primarily known for introducing:

Ans > A 10% reservation quota for Economically Weaker Sections (EWS)

Shift from Caste-Based Quotas: Historically, affirmative action and reservation policies in India under Articles 15 and 16 were strictly based on social and educational backwardness, primarily targeting Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs). Economic status alone was never a sole criterion for constitutional reservations.
Introduction of EWS Quota: The 103rd Constitutional Amendment Act, passed in January 2019, drastically altered this paradigm. It amended Articles 15 and 16 to empower the government to provide a maximum of 10% reservation in government jobs and educational institutions for the “Economically Weaker Sections” (EWS) of citizens in the unreserved (general) category.
Supreme Court Validation: The amendment faced severe legal challenges arguing that it violated the 50% ceiling on reservations established in the Indra Sawhney case (1992) and altered the basic structure of the Constitution. However, in November 2022, a 5-judge Constitution Bench of the Supreme Court upheld the validity of the 103rd Amendment by a 3:2 majority.

📌 Constitutional Amendments

Q.26) Which Constitutional Amendment Act conferred constitutional status on the National Commission for Backward Classes (NCBC)?

Ans > 102nd Amendment Act (2018)

Initial Statutory Status: The National Commission for Backward Classes (NCBC) originally came into existence in 1993 as a mere statutory body under the NCBC Act, following the Supreme Court’s direction in the Mandal case judgment. Its primary role was simply to recommend the inclusion or exclusion of communities in the central OBC list.
Demand for Constitutional Backing: For years, there was a strong political demand to grant the NCBC the same high-level constitutional status and powers as enjoyed by the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST), allowing it to actively investigate grievances and safeguard OBC rights.
Passage of the 102nd Amendment: The 102nd Constitutional Amendment Act, enacted in 2018, fulfilled this demand. It successfully inserted Article 338B, which officially established the NCBC as a constitutional body, and Article 342A, which details the mechanism for the President to notify the list of socially and educationally backward classes.

📌 Preamble

Q.27) The terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the Preamble of the Indian Constitution by which Amendment Act?

Ans > 42nd Amendment Act (1976)

The Mini-Constitution: The 42nd Constitutional Amendment Act of 1976, passed during the period of National Emergency under Prime Minister Indira Gandhi, is widely known as the “Mini-Constitution” due to the sheer volume and fundamental nature of the sweeping changes it brought to the Indian Constitution.
Altering the Preamble: Among its most defining and enduring changes was the alteration of the Preamble. The original description of India as a “Sovereign Democratic Republic” was formally changed to “Sovereign Socialist Secular Democratic Republic,” explicitly embedding the ideals of socialism and secularism into the nation’s foundational text.
Promoting National Unity: Additionally, the amendment changed the phrase “unity of the nation” in the Preamble to “unity and integrity of the nation.” This inclusion of the word “Integrity” was largely a response to the various secessionist tendencies and regional movements occurring in different parts of the country during that turbulent era.

📌 Supreme Court Cases

Q.28) In which landmark case did the Supreme Court explicitly establish the “Basic Structure” doctrine, holding that Parliament cannot alter the fundamental features of the Constitution?

Ans > Kesavananda Bharati Case (1973)

The Conflict Over Amendment Power: Throughout the 1960s and early 1970s, a major constitutional battle waged between the Parliament and the Supreme Court over Article 368. The central question was whether the Parliament had unlimited, absolute power to amend any part of the Constitution, including stripping away Fundamental Rights.
The Landmark 13-Judge Bench: The Kesavananda Bharati vs. State of Kerala (1973) case culminated in the longest hearing in the history of the Indian Supreme Court, presided over by an unprecedented bench of 13 judges. The case dealt primarily with challenges to the 24th, 25th, and 29th Amendments relating to property rights and parliamentary power.
Birth of the Basic Structure: In a razor-thin 7:6 majority, the Court delivered a historic compromise. It ruled that while Parliament has broad powers to amend the Constitution, it absolutely cannot use this power to alter, destroy, or abrogate the “Basic Structure” or essential framework of the Constitution, such as democracy, secularism, and judicial review.

📌 Fundamental Rights

Q.29) The Right to Property was demoted from a Fundamental Right to a mere legal right (Article 300A) by which Amendment Act?

Ans > 44th Amendment Act (1978)

Original Fundamental Right: When the Indian Constitution was originally adopted in 1950, the right to acquire, hold, and dispose of property was guaranteed as a Fundamental Right under Article 19(1)(f) and Article 31. This created massive legal hurdles for the government in acquiring private land for major public infrastructure and socialist land reform programs.
The Janata Party’s 44th Amendment: After the Emergency, the Morarji Desai-led Janata Party government sought to undo many controversial constitutional changes and address the property rights issue permanently. They enacted the 44th Constitutional Amendment Act in 1978, which completely deleted Article 19(1)(f) and Article 31 from Part III (Fundamental Rights) of the Constitution.
Transition to a Legal Right: The right to property was not abolished entirely; instead, it was demoted in status. A new Article 300A was inserted into Part XII of the Constitution, stating that “no person shall be deprived of his property save by authority of law.” It remains a constitutional and legal right, but citizens can no longer directly approach the Supreme Court under Article 32 for its enforcement.

📌 Sources of Constitution

Q.30) The procedure for the amendment of the Constitution (Article 368) was borrowed from the constitution of which country?

Ans > South Africa

Need for Amendment Procedures: A constitution must be a living document, capable of adapting to changing times, political circumstances, and societal needs without undergoing a violent revolution. The framers of the Indian Constitution recognized this and dedicated Part XX (Article 368) entirely to the specific powers and procedures for constitutional amendment.
The South African Model: In designing this crucial mechanism, the Drafting Committee heavily studied and ultimately borrowed the amendment procedure from the Constitution of South Africa. This influence is seen in the structural requirement of special majorities in the national legislature to ensure that amendments require broad consensus rather than a simple temporary majority.
Synthesis of Flexibility and Rigidity: Thanks to this borrowed and adapted structure, the Indian Constitution represents a unique synthesis. Some provisions can be amended by a simple parliamentary majority (flexible), most require a special majority of both Houses (rigid), and a few critical federal features require a special majority plus ratification by half the states (highly rigid).

📌 Quick Summary — Polity Set 122

Residuary Powers: Parliament holds residuary powers under Article 248.
Inter-State Council: Established in 1990 based on Sarkaria Commission recommendations.
Concurrent List: Borrowed from the Australian Constitution.
State List Legislation: Article 252 allows Parliament to legislate on state subjects upon state resolutions.
River Water Disputes: Article 262 empowers Parliament to adjudicate inter-state river disputes.
Panchayati Raj: Balwant Rai Mehta Committee (1957) proposed the 3-tier system.
11th Schedule: Contains 29 functional items for Panchayats.
74th Amendment: Granted constitutional status to Municipalities (Urban Local Bodies).
State Election Commissioner: Removed in the same manner as a High Court Judge.
PESA Act: Enacted in 1996 to extend Panchayat provisions to Scheduled Areas.
Sixth Schedule: Administers tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
69th Amendment: Designated Delhi as the National Capital Territory (NCT).
Article 371A: Provides special administrative provisions for Nagaland.
Chandigarh Administrator: Concurrently held by the Governor of Punjab.
NHRC Term: 3 years or until age 70 (post-2019 amendment).
CVC Establishment: Based on the K. Santhanam Committee recommendations.
First Lokpal: Justice Pinaki Chandra Ghose appointed in March 2019.
CIC Establishment: Created under the Right to Information (RTI) Act, 2005.
NITI Aayog: Established via executive resolution on Jan 1, 2015.
61st Amendment: Reduced the voting age from 21 to 18 years.
Anti-Defection Law: Added via the 52nd Amendment Act (1985) in the Tenth Schedule.
Defection Disqualification: The Presiding Officer (Speaker/Chairman) makes the final decision.
NOTA Option: Introduced on EVMs following a 2013 Supreme Court directive.
GST Council: Introduced via the 101st Amendment Act (2016).
103rd Amendment: Introduced a 10% EWS reservation quota.
NCBC Status: Granted constitutional status by the 102nd Amendment Act (2018).
42nd Amendment: Added ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble.
Basic Structure Doctrine: Established in the Kesavananda Bharati Case (1973).
Right to Property: Demoted to a legal right by the 44th Amendment Act (1978).
Amendment Procedure: Borrowed from the Constitution of South Africa.

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Polity Set 122

Q.1) In the constitutional division of powers between the Union and the States, the ‘residuary powers’ (subjects not mentioned in any of the three lists) are vested in the:

Q.2) The Inter-State Council was established in 1990 under Article 263. This was done primarily on the recommendation of which commission?

Q.3) The concept of the ‘Concurrent List’ in the Indian Constitution, where both the Centre and States can legislate, was borrowed from the Constitution of:

Q.4) Under which Article can the Parliament legislate on a subject in the State List if two or more states pass resolutions requesting it to do so?

Q.5) Which Article empowers the Parliament to establish tribunals for the adjudication of disputes relating to the waters of inter-state rivers or river valleys?

Q.6) The Balwant Rai Mehta Committee (1957) is historically significant for recommending the establishment of:

Q.7) The Eleventh Schedule of the Constitution specifies the powers and responsibilities of Panchayats. How many functional items are listed in this schedule?

Q.8) The 74th Constitutional Amendment Act (1992) granted constitutional status and protection to which institutions?

Q.9) The State Election Commissioner is appointed by the Governor to oversee local elections. How can they be removed from office?

Q.10) To extend the provisions of Part IX (Panchayats) to the Scheduled Areas, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA) in which year?

Q.11) The Sixth Schedule of the Constitution deals with the administration of tribal areas in four specific states. Which of the following is one of those states?

Q.12) The 69th Constitutional Amendment Act (1991) accorded special status to which Union Territory, designating it as a National Capital Territory?

Q.13) Article 371A was inserted into the Constitution by the 13th Amendment Act (1962) to provide special administrative provisions for the state of:

Q.14) In the administrative framework of Union Territories, the Administrator of Chandigarh concurrently holds which other prominent constitutional post?

Q.15) Following the 2019 amendment, what is the prescribed term of office for the Chairperson and members of the National Human Rights Commission (NHRC)?

Q.16) The Central Vigilance Commission (CVC) was established in 1964 based on the recommendations of the Committee on Prevention of Corruption, headed by:

Q.17) Who was appointed as the first Lokpal of India in March 2019 under the Lokpal and Lokayuktas Act, 2013?

Q.18) The Central Information Commission (CIC) was established in 2005 as a statutory body under the provisions of which Act?

Q.19) NITI Aayog, the premier policy ‘Think Tank’ of the Government of India, was established via an executive resolution on:

Q.20) The 61st Constitutional Amendment Act (1988) significantly altered the electoral landscape of India by:

Q.21) The Tenth Schedule, commonly known as the Anti-Defection Law, was added to the Constitution by which Amendment Act?

Q.22) Under the Anti-Defection Law, who is the final authority to decide whether a member of a House has become subject to disqualification on grounds of defection?

Q.23) The “None of the Above” (NOTA) option was introduced on Electronic Voting Machines (EVMs) following a Supreme Court directive in which year?

Q.24) The Goods and Services Tax (GST) Council was formally introduced into the Constitution (Article 279A) by which Amendment Act?

Q.25) The 103rd Constitutional Amendment Act (2019) is primarily known for introducing:

Q.26) Which Constitutional Amendment Act conferred constitutional status on the National Commission for Backward Classes (NCBC)?

Q.27) The terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the Preamble of the Indian Constitution by which Amendment Act?

Q.28) In which landmark case did the Supreme Court explicitly establish the “Basic Structure” doctrine, holding that Parliament cannot alter the fundamental features of the Constitution?

Q.29) The Right to Property was demoted from a Fundamental Right to a mere legal right (Article 300A) by which Amendment Act?

Q.30) The procedure for the amendment of the Constitution (Article 368) was borrowed from the constitution of which country?

📌 Quick Summary — Polity Set 122

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Q.1) In the constitutional division of powers between the Union and the States, the ‘residuary powers’ (subjects not mentioned in any of the three lists) are vested in the:

Q.2) The Inter-State Council was established in 1990 under Article 263. This was done primarily on the recommendation of which commission?

Q.3) The concept of the ‘Concurrent List’ in the Indian Constitution, where both the Centre and States can legislate, was borrowed from the Constitution of:

Q.4) Under which Article can the Parliament legislate on a subject in the State List if two or more states pass resolutions requesting it to do so?

Q.5) Which Article empowers the Parliament to establish tribunals for the adjudication of disputes relating to the waters of inter-state rivers or river valleys?

Q.6) The Balwant Rai Mehta Committee (1957) is historically significant for recommending the establishment of:

Q.7) The Eleventh Schedule of the Constitution specifies the powers and responsibilities of Panchayats. How many functional items are listed in this schedule?

Q.8) The 74th Constitutional Amendment Act (1992) granted constitutional status and protection to which institutions?

Q.9) The State Election Commissioner is appointed by the Governor to oversee local elections. How can they be removed from office?

Q.10) To extend the provisions of Part IX (Panchayats) to the Scheduled Areas, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA) in which year?

Q.11) The Sixth Schedule of the Constitution deals with the administration of tribal areas in four specific states. Which of the following is one of those states?

Q.12) The 69th Constitutional Amendment Act (1991) accorded special status to which Union Territory, designating it as a National Capital Territory?

Q.13) Article 371A was inserted into the Constitution by the 13th Amendment Act (1962) to provide special administrative provisions for the state of:

Q.14) In the administrative framework of Union Territories, the Administrator of Chandigarh concurrently holds which other prominent constitutional post?

Q.15) Following the 2019 amendment, what is the prescribed term of office for the Chairperson and members of the National Human Rights Commission (NHRC)?

Q.16) The Central Vigilance Commission (CVC) was established in 1964 based on the recommendations of the Committee on Prevention of Corruption, headed by:

Q.17) Who was appointed as the first Lokpal of India in March 2019 under the Lokpal and Lokayuktas Act, 2013?

Q.18) The Central Information Commission (CIC) was established in 2005 as a statutory body under the provisions of which Act?

Q.19) NITI Aayog, the premier policy ‘Think Tank’ of the Government of India, was established via an executive resolution on:

Q.20) The 61st Constitutional Amendment Act (1988) significantly altered the electoral landscape of India by:

Q.21) The Tenth Schedule, commonly known as the Anti-Defection Law, was added to the Constitution by which Amendment Act?

Q.22) Under the Anti-Defection Law, who is the final authority to decide whether a member of a House has become subject to disqualification on grounds of defection?

Q.23) The “None of the Above” (NOTA) option was introduced on Electronic Voting Machines (EVMs) following a Supreme Court directive in which year?

Q.24) The Goods and Services Tax (GST) Council was formally introduced into the Constitution (Article 279A) by which Amendment Act?

Q.25) The 103rd Constitutional Amendment Act (2019) is primarily known for introducing:

Q.26) Which Constitutional Amendment Act conferred constitutional status on the National Commission for Backward Classes (NCBC)?

Q.27) The terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the Preamble of the Indian Constitution by which Amendment Act?

Q.28) In which landmark case did the Supreme Court explicitly establish the “Basic Structure” doctrine, holding that Parliament cannot alter the fundamental features of the Constitution?

Q.29) The Right to Property was demoted from a Fundamental Right to a mere legal right (Article 300A) by which Amendment Act?

Q.30) The procedure for the amendment of the Constitution (Article 368) was borrowed from the constitution of which country?

📌 Quick Summary — Polity Set 122

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