Polity Set 123
π
π Executive β’ Independent India
Q.1) Who served as the first Minister of Law and Justice in independent India?
Ans > Dr. B.R. Ambedkar
- Architect of the Constitution: Dr. B.R. Ambedkar was not only the first Minister of Law and Justice but also the Chairman of the Drafting Committee of the Constituent Assembly. His profound legal knowledge and vision were instrumental in shaping the Indian Constitution, ensuring it included robust protections for marginalized communities and established a strong democratic framework.
- Tenure as Law Minister: He served in the first cabinet of independent India under Prime Minister Jawaharlal Nehru from 1947 to 1951. During his tenure, he was a staunch advocate for progressive social reforms and the modernization of Indian civil codes.
- Resignation over the Hindu Code Bill: Ambedkar’s commitment to social justice ultimately led to his resignation from the cabinet in 1951. When the Hindu Code Bill faced severe opposition in parliament and Nehru stalled its passage, Ambedkar stepped down in protest, demonstrating his unwavering dedication to women’s rights and social equality over political power.
π Constitution β’ Article 1
Q.2) Which Article of the Constitution deals with the name and territory of the Union, declaring “India, that is Bharat, shall be a Union of States”?
Ans > Article 1
- The Dual Nomenclature: Article 1 famously uses the phrase “India, that is Bharat,” reflecting a constitutional compromise in the Constituent Assembly. While traditionalists preferred the ancient cultural name “Bharat,” modernists advocated for “India” to maintain continuity with the country’s recognized international identity at the UN and in foreign treaties.
- Nature of the Federation: Dr. B.R. Ambedkar deliberately chose the term “Union of States” over “Federation of States.” This was meant to clarify two vital concepts: first, that the Indian federation is not the result of a voluntary agreement among previously independent states (unlike the USA), and second, that no state possesses the legal right to secede from the federation.
- Components of the Territory: According to this Article, the territory of India comprises three distinct categories: the territories of the states, the union territories specified in the First Schedule, and any other territories that may be acquired by the Government of India at any future time.
π Parliament β’ Article 3
Q.3) Which Article empowers the Parliament to form new states and alter the areas, boundaries, or names of existing states?
Ans > Article 3
- Indestructible Union of Destructible States: Article 3 grants the Indian Parliament the unilateral power to redraw the internal political map of India. This unique provision is why political scientists frequently describe India as an “indestructible Union of destructible states,” meaning the central government can alter state boundaries, but the union itself cannot be dissolved.
- The Presidential Recommendation: A bill seeking to form a new state or alter boundaries can only be introduced in either House of Parliament with the prior recommendation of the President. This acts as a crucial procedural safeguard before such a significant geopolitical change is debated.
- Role of the State Legislature: Before recommending the bill, the President must refer it to the concerned state legislature for expressing its views within a specified timeframe. However, the Parliament is not legally bound to accept or act upon the views of the state legislature, highlighting the strong unitary bias in India’s federal structure.
π Commissions β’ Centre-State Relations
Q.4) The Punchhi Commission on Centre-State Relations was constituted by the Government of India in which year?
Ans > 2007
- Purpose and Constitution: Constituted in April 2007, the Commission was tasked with re-evaluating the complex dynamics of Centre-State relations, keeping in view the political and economic changes that had occurred since the Sarkaria Commission submitted its report two decades earlier. It was chaired by former Chief Justice of India, Madan Mohan Punchhi.
- Key Recommendations on Governors: The Commission made highly significant recommendations regarding the office of the Governor. It suggested that a Governor should have a fixed tenure of five years and that the doctrine of “pleasure of the President” should be removed. It also proposed an impeachment process for Governors similar to that of the President.
- Internal Security and Federalism: The Commission also provided extensive guidelines regarding the deployment of central forces in states during communal violence or internal disturbances, suggesting a legal framework that allows central intervention without completely overriding the state’s autonomy, thus balancing national security with federal principles.
π Fundamental Rights β’ RTE Act
Q.5) The Right of Children to Free and Compulsory Education (RTE) Act, which gives effect to Article 21A, was enacted by the Parliament in which year?
Ans > 2009
- Constitutional Foundation: While the 86th Constitutional Amendment Act of 2002 inserted Article 21A, making education a Fundamental Right for children aged 6 to 14, it required enabling legislation to become operational. The RTE Act, enacted on August 26, 2009, provided this necessary legal framework and officially came into force on April 1, 2010.
- Mandatory Reservations: One of the most transformative and debated features of the RTE Act is Section 12(1)(c), which mandates that all private, unaided, non-minority schools must reserve at least 25% of their entry-level seats for children belonging to economically weaker sections (EWS) and disadvantaged groups in their neighborhood.
- No Detention Policy: The original Act introduced a “no detention policy,” ensuring that no child could be held back or expelled from school until the completion of elementary education (Class 8). While intended to reduce dropout rates and performance anxiety, this clause was later amended in 2019, allowing states to conduct regular examinations in Classes 5 and 8 and hold students back if they fail.
π Parliament β’ Lok Sabha
Q.6) If both the Speaker and the Deputy Speaker of the Lok Sabha are absent, who presides over the sittings of the House?
Ans > A member from the Panel of Chairpersons of the Lok Sabha
- Formation of the Panel: Under the Rules of Procedure of the Lok Sabha, the Speaker nominates a “Panel of Chairpersons” consisting of up to 10 members from the House. This panel is specifically created to ensure the smooth, continuous functioning of the legislative body during the temporary absence of the primary presiding officers.
- Equality of Powers: When a member of this panel is actively presiding over the House, they hold the exact same powers as the Speaker. Their rulings are final and binding on the House during that session, and no appeal can be made against their decisions while they are in the Chair.
- Limitations of the Panel: It is crucial to note that a member of the panel can only preside when the offices of the Speaker or Deputy Speaker are temporarily absent (e.g., due to illness or being out of the chamber). If the offices are entirely vacant (e.g., due to death or resignation), the panel member cannot preside; instead, the President appoints a member of the Lok Sabha to perform the duties until a new election is held.
π Constitution β’ Borrowed Features
Q.7) The provision of a ‘Joint Sitting’ of both Houses of Parliament to resolve a deadlock is borrowed from the constitution of:
Ans > Australia
- Constitutional Borrowing: The framers of the Indian Constitution studied various global democracies and adopted the mechanism of a joint sitting from the Australian Constitution. This mechanism (outlined in Article 108 of the Indian Constitution) is designed to break legislative deadlocks between the two houses over the passage of ordinary bills or financial bills.
- When It Is Summoned: The President of India can summon a joint sitting under three specific conditions: if a bill is rejected by the other house, if both houses completely disagree on amendments to the bill, or if more than six months elapse from the date of the receipt of the bill by the other house without it being passed.
- Exceptions to the Rule: Joint sittings cannot be convened for every type of legislation. They are strictly prohibited for Money Bills (where the Lok Sabha has absolute overriding power) and Constitutional Amendment Bills (which must be passed by each house separately with a special majority).
π Finance β’ Article 266
Q.8) Which Article of the Constitution establishes the Consolidated Fund of India?
Ans > Article 266
- The Primary Government Account: The Consolidated Fund of India, established under Article 266(1), is the most crucial of all government funds. All revenues received by the government, including direct and indirect taxes, loans raised, and receipts from the recovery of loans, flow directly into this fund.
- Parliamentary Control: This fund is the ultimate symbol of the legislature’s power of the purse. The government cannot withdraw a single rupee from the Consolidated Fund of India without strict parliamentary approval, which is achieved through the passage of an Appropriation Act following the annual budget process.
- Charged Expenditures: Certain vital expenditures are “charged” directly upon the Consolidated Fund, meaning they are non-votable by Parliament (though they can be discussed). This includes the salaries and allowances of the President, the Chief Justice of India, Supreme Court judges, and the Comptroller and Auditor General (CAG), ensuring their independence from political interference.
π Finance β’ Article 267
Q.9) Which Article establishes the Contingency Fund of India to meet unforeseen expenditures?
Ans > Article 267
- Emergency Financial Buffer: Authorized by Article 267(1), the Contingency Fund of India acts as the government’s emergency wallet. It is an imprest account placed at the disposal of the President of India to meet urgent, unforeseen expenditures that arise when Parliament is not in session and the normal budget process cannot be utilized.
- Operational Control: While it is at the President’s disposal, the fund is practically operated by the Finance Secretary on behalf of the President. If a natural disaster or sudden security crisis requires immediate funding, the executive can draw from this fund without waiting for prior legislative approval.
- Mandatory Replenishment: Any money withdrawn from the Contingency Fund is not a free pass; it is essentially an advance. The expenditure must subsequently be authorized by Parliament, and the exact amount withdrawn must be replenished back into the Contingency Fund from the Consolidated Fund of India to maintain its corpus.
π Finance β’ Taxation
Q.10) Which Article dictates that no tax shall be levied or collected except by authority of law?
Ans > Article 265
- Protection Against Executive Arbitrariness: Article 265 is a fundamental safeguard for citizens, ensuring that the executive branch (the government or bureaucracy) cannot arbitrarily impose taxes. It guarantees that any tax levied on the public must have a strict statutory backing passed by the appropriate legislature (Parliament or State Assembly).
- Historical Context: This principle is rooted in the historic democratic battle cry “no taxation without representation.” It ensures that the people, through their elected representatives, have the ultimate say over how and how much they are taxed, preventing historical abuses of sovereign power.
- Scope of the Term “Law”: The Supreme Court of India has clarified that the term “law” in this article means a valid, constitutionally sound law. If a tax is levied under a statute that violates Fundamental Rights or falls outside the legislative competence of the enacting body, the tax itself becomes illegal and void under Article 265.
π Fundamental Rights β’ Article 13
Q.11) The ‘Doctrine of Eclipse’ is primarily associated with the interpretation of which Article of the Constitution?
Ans > Article 13
- Pre-Constitutional Laws: The Doctrine of Eclipse applies strictly to Article 13(1), which deals with pre-constitutional laws. It states that any laws enacted before the commencement of the Constitution that are inconsistent with Fundamental Rights are void, but only to the extent of that inconsistency.
- Dormant, Not Dead: The doctrine dictates that such an inconsistent law is not wiped out of the statute book entirely; rather, it is overshadowed or “eclipsed” by the Fundamental Right. It remains dormant. If the Constitution is later amended to remove the inconsistency, the eclipse is lifted, and the old law automatically becomes active and enforceable again.
- Landmark Judgement: This intricate legal doctrine was definitively formulated by the Supreme Court in the landmark case of Bhikaji Narain Dhakras v. State of M.P. (1955). The court used this doctrine to explain how an unconstitutional pre-independence law could be revived without needing to be re-enacted by parliament.
π Constitution β’ Amendments
Q.12) How many times has the Preamble of the Indian Constitution been amended to date?
Ans > Once
- The Sole Amendment: The Preamble to the Indian Constitution has only been amended a single time in history. This occurred during the National Emergency under Prime Minister Indira Gandhi, through the controversial and sweeping 42nd Constitutional Amendment Act of 1976, often referred to as the “Mini-Constitution.”
- Addition of Key Words: This amendment significantly altered the description of the Indian state by adding three crucial words to the Preamble: “Socialist,” “Secular,” and “Integrity.” The phrase “Sovereign Democratic Republic” was changed to “Sovereign Socialist Secular Democratic Republic,” and “unity of the nation” was changed to “unity and integrity of the nation.”
- Judicial Validation: The legality of amending the Preamble was settled in the landmark 1973 Kesavananda Bharati case. The Supreme Court ruled that the Preamble is an integral part of the Constitution and can be amended under Article 368, provided that the amendment does not destroy the “Basic Structure” of the Constitution.
π Parliament β’ Rajya Sabha
Q.13) The normal term of a member of the Rajya Sabha is:
Ans > 6 years
- Tenure of Individual Members: While the Rajya Sabha (Council of States) itself is a permanent body that is never subjected to dissolution, its individual members have a fixed tenure. Every member elected or nominated to the Rajya Sabha serves a standard term of exactly six years.
- Continuous Succession System: To maintain the permanence of the house, the election system is staggered. According to the Representation of the People Act, one-third of the members of the Rajya Sabha retire every second year. This ensures that the house always has experienced members and never faces a complete vacuum of representation.
- Re-election and Vacancies: Retiring members are fully eligible for re-election or re-nomination any number of times. Furthermore, if a seat becomes vacant due to death, resignation, or disqualification mid-term, a bye-election is held. The newly elected member serves only for the remainder of the predecessor’s term, not for a full six years.
π Parliament β’ Money Bill
Q.14) A Money Bill passed by the Lok Sabha is deemed to have been passed by the Rajya Sabha also when no action is taken by the Upper House within:
Ans > 14 days
- Supremacy of the Lok Sabha: The legislative procedure regarding Money Bills (Article 110) heavily favors the Lok Sabha, reflecting the democratic principle that the house directly elected by the people should have absolute control over the nation’s finances and taxation.
- Restricted Powers of Rajya Sabha: When a Money Bill is transmitted to the Rajya Sabha, the upper house has severely limited powers. It cannot reject or amend the bill. It can only make recommendations, and it must return the bill to the Lok Sabha within a strict deadline of 14 days.
- Default Passage Mechanism: If the Rajya Sabha fails to return the Money Bill within the 14-day window, the Constitution dictates that the bill is deemed to have been passed by both Houses in the exact form it was originally passed by the Lok Sabha. The Lok Sabha is also free to accept or reject any recommendations made by the Rajya Sabha.
π Executive β’ President
Q.15) Under which Article does the President of India enjoy the power to grant assent, withhold assent, or return a bill (Veto Power)?
Ans > Article 111
- The Final Step of Legislation: Article 111 dictates the crucial final step in the Indian legislative process. A bill passed by both Houses of Parliament cannot become an Act until it receives the formal assent of the President of India. This article grants the President three specific options when presented with a bill.
- The Options Available: The President may declare that he assents to the bill, he may withhold his assent (effectively vetoing it), or, in the case of ordinary bills, he may return the bill to Parliament with a message requesting them to reconsider it or consider specific amendments.
- Limitation on Reconsideration: If the President uses his suspensive veto and returns the bill, Parliament must reconsider it. However, if Parliament passes the bill again, with or without accepting the President’s recommended amendments, and presents it back to him, Article 111 explicitly states that the President “shall not withhold assent therefrom.”
π Executive β’ Veto Power
Q.16) Which of the following veto powers is NOT possessed by the President of India?
Ans > Qualified Veto
- Understanding the Qualified Veto: A “Qualified Veto” is a mechanism where the executive’s veto can be overridden by the legislature, but only with a higher, “qualified” majority (such as a two-thirds vote) than what was required to pass the bill initially. This power belongs to the President of the United States.
- The Indian Suspensive Veto: The President of India possesses a “Suspensive Veto” instead. If the Indian President returns an ordinary bill for reconsideration, the Parliament can override this veto by passing the bill again with a simple, ordinary majority. No higher or “qualified” majority is required to force the President’s assent.
- The Power of the Pocket Veto: While lacking the Qualified Veto, the Indian President enjoys a potent “Pocket Veto.” The Indian Constitution does not prescribe a specific time limit within which the President must act on a bill. By simply keeping the bill pending indefinitely on his desk without taking any action, the President can effectively kill the legislation.
π Constitution β’ Historical Dates
Q.17) “Constitution Day” or “Samvidhan Divas” is celebrated annually in India on which date?
Ans > November 26
- Historical Significance: November 26th commemorates the exact day in 1949 when the Constituent Assembly of India formally adopted, enacted, and gave to themselves the Constitution of India. It marks the culmination of nearly three years of intense debate and drafting by the assembly members.
- Recent Inception: Interestingly, this day was not celebrated officially as Constitution Day for most of India’s independent history. The Government of India officially declared November 26 as “Samvidhan Divas” (Constitution Day) via a gazette notification in 2015, which was the 125th birth anniversary year of Dr. B.R. Ambedkar.
- Distinction from Republic Day: Constitution Day (Nov 26) celebrates the adoption of the document, while Republic Day (Jan 26) celebrates its commencement. Only a few essential provisions (like citizenship and elections) came into effect on Nov 26, 1949; the vast majority of the Constitution’s articles came into legal force on January 26, 1950.
π Elections β’ Election Commission
Q.18) Who was the first Chief Election Commissioner of independent India?
Ans > Sukumar Sen
- The Architect of India’s Elections: Sukumar Sen, an Indian civil servant and mathematician, served as the very first Chief Election Commissioner of India from 1950 to 1958. He faced the monumental and unprecedented task of organizing democratic elections in a massive, newly independent nation with incredibly high illiteracy rates.
- Managing the First General Election: Under his leadership, the Election Commission successfully conducted the colossal 1951-52 general elections. He pioneered innovative concepts for illiterate voters, such as using pictorial party symbols and distinct, colored ballot boxes for different candidates, ensuring the franchise was truly universal.
- International Recognition: Sen’s incredible success in executing the largest democratic exercise in human history earned him immense global respect. Consequently, he was invited by the United Nations to organize and supervise the first parliamentary elections in Sudan in 1953, showcasing India’s early expertise in democratic institution-building.
π Constitution β’ Schedules
Q.19) Under which Schedule of the Constitution are the salaries and allowances of the President, Governors, and Judges specified?
Ans > Second Schedule
- Financial Independence: The Second Schedule contains detailed provisions regarding the emoluments, allowances, privileges, and rights of high-ranking constitutional dignitaries. Embedding these details in a Constitutional Schedule rather than an ordinary law guarantees their financial independence and protects them from arbitrary political coercion.
- Covered Dignitaries: The Schedule does not cover all government employees. It specifically details the salaries of the President, State Governors, the Speakers and Deputy Speakers of the Lok Sabha and State Assemblies, Judges of the Supreme Court and High Courts, and the Comptroller and Auditor General of India.
- Amendment Process: Altering the salaries and allowances outlined in the Second Schedule does not require a formal Constitutional Amendment under Article 368. Parliament is empowered to modify these emoluments by passing an ordinary law, which allows for regular adjustments to account for inflation and changing economic conditions.
π Constitution β’ Schedules
Q.20) Which Schedule contains the forms of oaths or affirmations for various constitutional office bearers?
Ans > Third Schedule
- Standardization of Commitment: The Third Schedule provides the exact textual format for the oaths or affirmations that must be taken by various high-ranking officials before they enter upon their respective offices. This ensures absolute uniformity and solemnity in the constitutional commitments made across the nation.
- Specific Exclusions: A common misconception is that all major constitutional oaths are in this Schedule. Notably, the oaths for the President (Article 60), the Vice-President (Article 69), and State Governors (Article 159) are entirely absent from the Third Schedule; their specific oaths are embedded directly within their respective constitutional articles.
- Oaths for Candidates: The Third Schedule uniquely includes not only the oaths for elected officials (like Union Ministers and MPs) but also the specific oath that must be taken by candidates who are merely seeking election to the Parliament or State Legislatures, binding them to bear true faith and allegiance to the Constitution even before being elected.
π Judiciary β’ Article 143
Q.21) Which Article gives the Supreme Court the authority to advise the President on any question of law or fact of public importance?
Ans > Article 143
- Advisory Jurisdiction: Article 143 establishes the “Advisory Jurisdiction” of the Supreme Court of India. Under this provision, if the President believes that a question of law or fact has arisen, or is likely to arise, which is of such profound public importance that it is expedient to obtain the Supreme Court’s opinion, they may refer the question to the court for consideration.
- Non-Binding Nature: It is a fundamental principle of this jurisdiction that the Supreme Court’s opinion is strictly advisory. The President is not legally bound to accept or act upon the advice given by the Court. The purpose is to guide the executive, not to establish enforceable case law.
- Court’s Prerogative to Refuse: Similarly, the Supreme Court is generally not obligated to provide an opinion on every reference made by the President. However, in disputes arising out of pre-constitution treaties and agreements, the Supreme Court is constitutionally bound to provide its opinion to the President.
π Parliament β’ All-India Services
Q.22) Article 312 empowers the creation of new All-India Services. Which body has the exclusive power to initiate this process?
Ans > The Rajya Sabha
- Guardian of State Interests: The power to initiate the creation of new All-India Services (like the IAS, IPS, and IFS) is an exclusive prerogative of the Rajya Sabha. Because All-India Service officers serve in both the Union and State governments, creating a new service impacts the autonomy of the states. The Rajya Sabha, representing the states, acts as a safeguard.
- Special Majority Requirement: To initiate this process, the Rajya Sabha must pass a formal resolution explicitly declaring that it is necessary or expedient in the national interest to create one or more new All-India Services. This resolution cannot be passed lightly; it requires a special majority of not less than two-thirds of the members present and voting.
- Parliamentary Enactment: Only after the Rajya Sabha successfully passes this rigorous resolution does the Parliament (both houses combined) gain the legislative authority to enact a law creating the new service and regulating its recruitment and conditions of service.
π Emergency Provisions β’ Article 356
Q.23) Under Article 356, Presidentβs Rule can be imposed in a state. What is the maximum duration for which it can remain in force (with repeated parliamentary approvals)?
Ans > 3 years
- Breakdown of Constitutional Machinery: Article 356 allows the Union government to take over the state administration if the President, on receipt of a report from the Governor or otherwise, is satisfied that the state government cannot be carried on in accordance with the provisions of the Constitution. This is popularly known as President’s Rule.
- Six-Month Increments: Once imposed, the proclamation must be approved by both Houses of Parliament within two months. If approved, President’s Rule continues for exactly six months. It can be extended beyond six months, but only through repeated parliamentary approvals every six months.
- The Three-Year Ceiling: Even with continuous parliamentary approval, the Constitution places a strict absolute maximum limit of three years on the duration of President’s Rule in any state. Extending it beyond one year requires fulfilling stringent conditions, such as a National Emergency being in operation or the Election Commission certifying that state elections cannot currently be held.
π DPSP β’ Environment
Q.24) The provision that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country is located in:
Ans > Both B and C
- The 42nd Amendment Impact: Environmental protection was not explicitly detailed in the original 1950 Constitution. It was the landmark 42nd Amendment Act of 1976 that introduced specific environmental mandates, reflecting growing global awareness following the 1972 Stockholm Conference on the Human Environment.
- Duty of the State: Article 48A was added to the Directive Principles of State Policy (Part IV). It legally directs the State government to take active measures to “protect and improve the environment and to safeguard the forests and wild life of the country,” guiding government policymaking and environmental legislation.
- Duty of the Citizen: Simultaneously, the 42nd Amendment added Part IVA for Fundamental Duties. Article 51A(g) explicitly mandates that it is the civic duty of every Indian citizen “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”
π Fundamental Rights β’ Child Labour
Q.25) Which Article prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities?
Ans > Article 24
- Right Against Exploitation: Article 24 is a cornerstone of the Fundamental Right Against Exploitation. It represents a strict constitutional ban on hazardous child labor, stating unequivocally that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
- Legislative Enforcement: To enforce this constitutional mandate, Parliament enacted several laws, the most prominent being the Child Labour (Prohibition and Regulation) Act, 1986. In 2016, this Act was heavily amended to completely ban the employment of children below 14 in all occupations and processes, closing previous loopholes that allowed work in non-hazardous family enterprises.
- Exceptions and Controversies: The 2016 amendment, while stricter, did introduce a controversial exception allowing children under 14 to help their family or family enterprises (other than hazardous ones) after school hours or during vacations. Critics argue this exception is often exploited to maintain hidden child labor in the informal sector.
π Executive β’ Oaths
Q.26) Who administers the oath of office to the President of India?
Ans > The Chief Justice of India
- Constitutional Mandate: Article 60 of the Indian Constitution explicitly dictates the procedure for the swearing-in of the Head of State. It mandates that every President must make and subscribe to a specific oath or affirmation before officially entering upon their office.
- Role of the Judiciary’s Head: The duty of administering this solemn oath is constitutionally assigned to the Chief Justice of India (CJI). This ceremonial interaction between the heads of the Executive and the Judiciary highlights the constitutional balance of power and the supremacy of the rule of law in the Republic.
- Content of the Oath: The President’s oath is unique and powerful. Unlike other officials who swear to bear true faith to the Constitution, the President specifically swears to “preserve, protect and defend the Constitution and the law,” making them the ultimate constitutional guardian of the nation.
π Executive β’ Contingency
Q.27) In case the office of the Chief Justice of India is vacant, who administers the oath to the newly elected President?
Ans > The senior-most judge of the Supreme Court available
- Contingency Planning: The drafters of the Constitution were meticulous in anticipating institutional vacancies. Article 60 includes a built-in contingency clause ensuring that the transition of executive power is never stalled due to a temporary vacancy in the highest judicial office.
- Order of Precedence: The Constitution dictates that if the Chief Justice of India is absentβdue to illness, sudden death, resignation, or being out of the countryβthe responsibility to administer the presidential oath automatically falls to the “senior-most Judge of the Supreme Court available.”
- Ensuring Continuity: This clear line of succession prevents any constitutional crisis or ambiguity regarding who has the authority to legitimize the new President’s entry into office, guaranteeing the seamless continuity of the Indian Republic’s executive branch.
π Executive β’ State Governor
Q.28) Who administers the oath of office to the Governor of a State?
Ans > The Chief Justice of the concerned State High Court
- State-Level Parallelism: The constitutional structure for the states closely mirrors that of the Union government. Just as the President (head of the Union) is sworn in by the Chief Justice of India (head of the Union judiciary), the Governor (head of the State) is sworn in by the Chief Justice of the concerned State High Court.
- Constitutional Provision: This requirement is explicitly outlined in Article 159 of the Indian Constitution. It ensures that the highest judicial authority within the state boundaries oversees the induction of the highest executive authority of that specific state.
- Absence of the Chief Justice: Similar to the presidential provision, Article 159 includes a contingency plan. If the Chief Justice of the High Court is absent, the oath to the Governor is administered by the senior-most judge of that particular High Court who is available at the time.
π Services β’ Article 311
Q.29) Which Article protects civil servants from being dismissed or removed by an authority subordinate to that by which they were appointed?
Ans > Article 311
- Shield Against Arbitrary Action: Article 311 serves as the primary constitutional shield for civil servants in India. It guarantees that no person who is a member of a civil service of the Union or an all-India service or a civil service of a State can be dismissed or removed by an authority subordinate to the one that originally appointed them.
- The Right to Be Heard: Furthermore, Article 311(2) enshrines the principles of natural justice within the bureaucracy. It mandates that a civil servant cannot be dismissed, removed, or reduced in rank except after a formal inquiry in which they are explicitly informed of the charges against them and given a reasonable opportunity to defend themselves.
- Exceptions to the Rule: The protections of Article 311 are not absolute. The Constitution outlines specific exceptions where a civil servant can be dismissed without an inquiry, such as when they are convicted on a criminal charge, when holding an inquiry is deemed impracticable for reasons recorded in writing, or when the President/Governor is satisfied that an inquiry is against the interests of state security.
π Amendments β’ GST
Q.30) Which constitutional amendment facilitated the implementation of the Goods and Services Tax (GST)?
Ans > 101st Amendment Act
- Overhauling Fiscal Federalism: The 101st Constitutional Amendment Act, enacted in 2016, represents the most significant overhaul of India’s indirect tax structure since independence. It fundamentally altered the fiscal relationship between the Centre and the States by introducing a unified, nationwide Goods and Services Tax (GST).
- Concurrent Taxation Powers: Before this amendment, taxation powers were strictly divided: the Centre taxed manufacturing and services, while States taxed the sale of goods. The 101st Amendment introduced Article 246A, which granted both the Parliament and State Legislatures the concurrent power to make laws with respect to GST imposed by the Union or the State, breaking the historical silos.
- Creation of the GST Council: The amendment also inserted Article 279A, which mandated the creation of the GST Council. Chaired by the Union Finance Minister and comprising state finance ministers, this constitutional body is tasked with making recommendations on tax rates, exemptions, and dispute resolution, embedding cooperative federalism into India’s new tax architecture.
π Quick Summary β Polity Set 123
- First Law Minister: Dr. B.R. Ambedkar was the first Minister of Law and Justice.
- Article 1: Declares “India, that is Bharat, shall be a Union of States.”
- Article 3: Empowers Parliament to form new states and alter boundaries.
- Punchhi Commission: Constituted in 2007 to re-evaluate Centre-State relations.
- RTE Act: Enacted in 2009 to give effect to Article 21A for free and compulsory education.
- Lok Sabha Absence: Panel of Chairpersons presides if Speaker & Deputy are absent.
- Joint Sitting: Mechanism to resolve deadlocks was borrowed from Australia.
- Consolidated Fund: Established under Article 266 for primary government revenues.
- Contingency Fund: Established under Article 267 for urgent unforeseen expenditures.
- Article 265: Dictates that no tax shall be levied except by authority of law.
- Doctrine of Eclipse: Associated with Article 13 regarding pre-constitutional laws.
- Preamble Amendments: Amended only once (by the 42nd Amendment Act in 1976).
- Rajya Sabha Term: Individual members serve a normal term of 6 years.
- Money Bill Deadline: Deemed passed if Rajya Sabha takes no action within 14 days.
- President’s Veto: Article 111 grants the President power to assent or withhold assent.
- Veto Exception: Indian President does NOT possess the “Qualified Veto” (US style).
- Constitution Day: Celebrated on November 26 to mark the adoption of the Constitution in 1949.
- First CEC: Sukumar Sen was the first Chief Election Commissioner.
- Second Schedule: Specifies salaries and allowances of President, Governors, and Judges.
- Third Schedule: Contains the forms of oaths or affirmations for constitutional office bearers.
- Article 143: Gives Supreme Court advisory jurisdiction on the President’s reference.
- All-India Services: Rajya Sabha has exclusive power (Article 312) to initiate their creation.
- President’s Rule: Article 356 can remain in force for a maximum duration of 3 years.
- Environment Protection: Found in DPSP (Article 48A) and Fundamental Duties (Article 51A).
- Child Labor: Article 24 prohibits employment of children below 14 in hazardous activities.
- President’s Oath: Administered by the Chief Justice of India (Article 60).
- CJI Vacancy: Senior-most available SC judge administers oath to President if CJI is absent.
- Governor’s Oath: Administered by the Chief Justice of the concerned State High Court.
- Civil Servants Shield: Article 311 protects them from arbitrary dismissal by a subordinate authority.
- GST Amendment: 101st Amendment Act facilitated the nationwide Goods and Services Tax.
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