Indian Polity – Set 149
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📌 Amendments • Electoral Delimitation
Q.1) Which Constitutional Amendment Act froze the readjustment of electoral constituencies (delimitation) based on the 1971 census up to the year 2026?
Ans > 84th Amendment Act (2001)
- Population Control Incentive: The primary motivation behind this amendment was to reward states, particularly in South India, that had successfully implemented family planning. It ensured they wouldn’t lose political power in the Lok Sabha due to lowering their population growth relative to northern states.
- The 2026 Horizon: The year 2026 was chosen strategically. Policymakers projected that India’s overall population growth would largely stabilize and become uniform across all regions by this date, making future reapportionment much fairer.
- Constitutional Amendments: This legislation necessitated critical changes to Article 82 (readjustment after each census) and Article 170(3) (composition of State Legislative Assemblies), cementing the 1971 census as the baseline for seat allocation.
- Infrastructure Preparation: Anticipating the lifting of this freeze post-2026, the newly constructed Parliament building features a Lok Sabha chamber capable of seating 888 members to accommodate the expected surge in representatives after the next delimitation.
📌 Amendments • Electoral Delimitation
Q.2) The 87th Amendment Act (2003) allowed the delimitation of constituencies to be based on which census (without altering the total number of seats allocated to each state)?
Ans > 2001 Census
- Rationalizing Boundaries: The 87th Amendment was introduced to ensure electoral constituencies reflected the latest demographic realities, specifically accounting for massive internal migration and rapid urbanization that had occurred over previous decades.
- Updating the Baseline: While the earlier 84th Amendment had allowed territorial redrawing based on the 1991 census, the 87th Amendment updated this baseline to the more recent 2001 census to provide a more accurate picture of population distribution.
- Strictly Internal Changes: This amendment strictly governed the redrawing of internal constituency boundaries within a state. The absolute number of Lok Sabha seats allocated to each individual state remained permanently frozen based on the 1971 census data.
- Reserved Constituency Adjustment: By utilizing the newer 2001 census figures, this amendment also facilitated the refixing and shifting of specific seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) to match their updated population concentrations.
📌 Constitution • Official Language
Q.3) Which Article of the Constitution (inserted by the 58th Amendment Act, 1987) empowers the President to publish an authoritative text of the Constitution of India in the Hindi language?
Ans > Article 394A
- Original English Drafting: The Constituent Assembly originally drafted and adopted the Indian Constitution entirely in English. While a Hindi translation was signed by the members in 1950, it lacked formal constitutional or legal authority in courts.
- The 58th Amendment Necessity: As the use of Hindi in legal and administrative matters grew, the 58th Amendment (1987) was passed to explicitly grant legal sanctity to the Hindi version of the Constitution, making it officially recognized.
- Presidential Duty: Article 394A places the responsibility directly on the President of India to cause the publication of the authoritative text of the Constitution in Hindi, including all subsequent amendments made in the English language.
- Legal Equality: This article ensures that the Hindi text holds the exact same legal meaning and authority as the English text. If any ambiguity arises regarding the translation, the President is empowered to revise the Hindi text to align perfectly with the original meaning.
📌 Acts & Laws • Defense & Security
Q.4) The Armed Forces (Special Powers) Act, or AFSPA, which grants special powers to the Indian Armed Forces in “disturbed areas,” was enacted by Parliament in which year?
Ans > 1958
- Colonial Origins: AFSPA is heavily modeled on an ordinance introduced by the British colonial government in 1942. The British used the original ordinance specifically to violently suppress the Quit India Movement led by Mahatma Gandhi.
- Naga Insurgency Catalyst: The Indian Parliament initially enacted AFSPA in 1958 specifically to counter the growing Naga insurgency in the Naga Hills (then part of Assam). It was intended to be a temporary, short-term measure to restore peace.
- Broad Immunity: The Act grants sweeping powers to military personnel in designated “disturbed areas,” including the right to use lethal force, arrest without a warrant, and destroy properties suspected of housing insurgents, while granting soldiers broad legal immunity from civil prosecution.
- Controversy and Review: AFSPA remains one of India’s most highly debated laws due to allegations of severe human rights violations. The Justice Jeevan Reddy Committee in 2005 heavily criticized the act and recommended its complete repeal, though it remains active in several northeastern regions.
📌 Acts & Laws • Anti-Terrorism
Q.5) The Unlawful Activities (Prevention) Act, commonly known as UAPA, is India’s primary anti-terrorism law. In which year was it originally enacted?
Ans > 1967
- Initial Objective: The UAPA was originally introduced in 1967 strictly to target secessionist movements and organizations challenging the territorial integrity of India. It was not initially designed as an anti-terrorism law in the modern sense.
- Shift to Anti-Terrorism: Following the repeal of the Prevention of Terrorism Act (POTA) in 2004, the UAPA was heavily amended. These amendments absorbed the stringent anti-terror provisions of POTA, transforming UAPA into India’s central counter-terrorism legislation.
- Burden of Proof: Under typical criminal law, an accused is presumed innocent until proven guilty. However, recent amendments to the UAPA make securing bail exceptionally difficult, as the court must believe there are reasonable grounds that the accusations are prima facie true.
- Individual Designation: A controversial 2019 amendment drastically expanded the scope of the Act, allowing the Central Government to designate not just organizations, but also specific individuals, as “terrorists” without trial, based purely on suspicion of involvement in terrorist acts.
📌 Acts & Laws • Anti-Terrorism
Q.6) The controversial Prevention of Terrorism Act (POTA) was enacted in 2002 following the 2001 Parliament attacks. In which year was it repealed?
Ans > 2004
- Legislative Trigger: POTA was passed by the NDA government directly in response to the December 2001 terrorist attack on the Indian Parliament. It replaced the lapsed Terrorist and Disruptive Activities (Prevention) Act (TADA), which had similarly faced intense criticism.
- Joint Session Passage: Due to fierce opposition in the Rajya Sabha, POTA could not pass through the standard legislative route. It had to be enacted through a rare Joint Session of Parliament in 2002, highlighting its deeply controversial nature.
- Draconian Provisions: The law was heavily criticized by human rights activists for provisions that allowed suspects to be detained for up to 180 days without a formal charge sheet, and for making confessions given to police officers admissible as evidence in court.
- Political Repeal: Widespread allegations of the law being misused to target political opponents and minority communities led to its repeal. The UPA government dismantled POTA shortly after coming to power in 2004, fulfilling a major campaign promise.
📌 Institutions • Security Agencies
Q.7) The National Investigation Agency (NIA) was established under the NIA Act, 2008, following which major terrorist incident?
Ans > 2008 Mumbai terror attacks (26/11)
- Federal Mandate Requirement: Before 2008, India lacked a central federal agency specifically tasked with investigating terrorism. The 26/11 attacks exposed massive coordination flaws between state police forces and central intelligence, necessitating a dedicated federal unit.
- Concurrent Jurisdiction: Unlike the CBI, which usually requires the consent of the state government to investigate crimes within a state’s borders, the NIA holds concurrent jurisdiction. It can independently take over terror-related cases anywhere in India without requiring state permission.
- Special Courts: The NIA Act mandates the establishment of dedicated Special Courts to exclusively hear NIA cases. This ensures that complex terrorism trials are expedited and not delayed in the heavily backlogged standard judicial system.
- Expanded Powers in 2019: The NIA’s mandate was significantly expanded by parliament in 2019. It was granted extra-territorial jurisdiction to investigate terror attacks targeting Indians abroad and was empowered to investigate cyber-terrorism and human trafficking.
📌 Acts & Laws • Human Rights
Q.8) The Protection of Human Rights Act, which established the National and State Human Rights Commissions, was enacted in which year?
Ans > 1993
- International Pressure: The enactment of this law in 1993 was heavily influenced by mounting international pressure and India’s commitment to the Paris Principles, which outlined the required standards for establishing independent national human rights institutions.
- NHRC Composition: The Act establishes the National Human Rights Commission (NHRC) as a multi-member body. Originally, it required a retired Chief Justice of India as its chairperson, though 2019 amendments expanded this to include any retired Supreme Court judge.
- Investigative Limitations: A significant limitation of the NHRC is its lack of independent penal power. It functions purely as a recommendatory body; it cannot independently punish violators or award monetary relief without government cooperation or court intervention.
- Statute of Limitations: Under the Act, the Commission is legally barred from investigating any complaint of a human rights violation if the incident occurred more than one year before the formal complaint was filed, severely limiting historical investigations.
📌 Acts & Laws • Education
Q.9) The Right to Education (RTE) Act was passed in 2009. On which date did it come into force?
Ans > April 1, 2010
- Constitutional Backing: The RTE Act is the enabling legislation for Article 21A of the Indian Constitution (inserted by the 86th Amendment in 2002), which formally elevated free and compulsory education for children aged 6 to 14 to the status of a Fundamental Right.
- Private School Mandate: One of the most transformative and debated features of the RTE Act is Section 12(1)(c), which legally mandates all private, non-minority unaided schools to reserve 25% of their entry-level seats for children from disadvantaged local backgrounds.
- No Detention Policy: The Act originally included a strict “No Detention Policy,” prohibiting schools from failing any student until class 8. This was later amended in 2019, allowing states the discretion to hold regular examinations and detain students in classes 5 and 8.
- Financial Burden Sharing: The financial responsibility for implementing the massive infrastructure and staffing requirements of the RTE Act is shared between the Central and State governments, historically operating on a 65:35 funding ratio for most states.
📌 Acts & Laws • Welfare
Q.10) The National Food Security Act (NFSA), which aims to provide subsidized food grains to approximately two-thirds of India’s population, was enacted in:
Ans > 2013
- Legal Entitlement: The NFSA marked a paradigm shift in Indian welfare policy, transforming the public distribution of food from a discretionary welfare scheme into a legally enforceable fundamental entitlement for eligible citizens, ensuring a safety net against starvation.
- Massive Coverage: The scale of the Act is unprecedented globally. It legally covers 75% of India’s rural population and 50% of the urban population, effectively guaranteeing subsidized food grains to over 800 million Indian citizens.
- Maternal Benefits: Beyond standard grain distribution, the Act uniquely recognizes maternal health. It mandates free nutritious meals for pregnant women and lactating mothers, along with a mandatory maternity benefit of at least ₹6,000 to assist with nutritional needs.
- Women’s Empowerment: In a significant move toward gender empowerment, the NFSA specifically mandates that the eldest woman in the household, provided she is 18 years or older, must be designated as the formal head of the household for issuing ration cards.
📌 Acts & Laws • Employment
Q.11) The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), assuring 100 days of employment, was passed in:
Ans > 2005
- Demand-Driven Design: Unlike previous top-down employment schemes, MGNREGA is legally demand-driven. If a rural citizen demands work, the government is legally obligated to provide manual labor within 15 days; failing this, the applicant is legally entitled to a daily unemployment allowance.
- Gender Parity Focus: The Act contains specific provisions to support female workforce participation. It mandates that at least one-third of all generated jobs must be allocated to women, and it guarantees equal wages for men and women.
- Panchayat Empowerment: The Act places immense administrative power in the hands of local governance. Gram Panchayats are primarily responsible for planning, executing, and supervising the public works projects (like water conservation and rural roads) undertaken through the scheme.
- Financial Structure: The financial burden is heavily borne by the Central Government, which pays 100% of the unskilled labor wages. State governments are responsible for 25% of the material costs and the unemployment allowance if work isn’t provided.
📌 Acts & Laws • Tribal Rights
Q.12) The Forest Rights Act (Scheduled Tribes and Other Traditional Forest Dwellers Act), a landmark law recognizing the rights of forest-dwelling communities, was passed in:
Ans > 2006
- Correcting Historical Injustice: The FRA was enacted specifically to reverse decades of “historical injustice” dating back to colonial-era forest laws, which had forcefully classified traditional forest-dwelling tribal communities as illegal encroachers on their own ancestral lands.
- Types of Rights: The legislation recognizes multiple layers of rights: individual land titles for self-cultivation (up to 4 hectares), community rights over grazing areas and water bodies, and the right to sustainably collect and sell minor forest produce like honey and bamboo.
- Gram Sabha Authority: A revolutionary aspect of the Act is its empowerment of the Gram Sabha (village assembly). The Gram Sabha is designated as the primary authority to initiate the process of determining the nature and extent of forest rights.
- Conservation and Community: The law firmly rejects the traditional conservation model that views humans as inherently destructive to forests. Instead, it operates on the principle that empowering local tribal communities is the most effective way to protect forest biodiversity.
📌 Parliament • Parliamentary Procedure
Q.13) In the Indian parliamentary system, a “Whip” is issued by political parties to ensure party discipline. If a member defies a “Three-Line Whip,” they are liable to face:
Ans > Disqualification under the Anti-Defection Law
- The British Origin: The concept of a “whip” is heavily inherited from the British parliamentary system. The term originates from “whipper-in,” a hunting term for the person whose job was to keep the hounds from straying during a fox hunt.
- The Three-Line Whip: Whips come in varying degrees of severity. A one-line whip informs members of a vote; a two-line whip requests attendance. A three-line whip is a strict, mandatory directive requiring both attendance and voting according to the party’s official line.
- The Anti-Defection Link: Under the Tenth Schedule of the Constitution (Anti-Defection Law), intentionally defying a three-line whip is considered voluntarily giving up party membership. This action makes the legislator directly liable for disqualification from the House.
- The Exemption Clause: There is a specific exemption built into the law. If a member votes against the whip, their political party has a 15-day window to formally condone the defiance. If condoned, the member is saved from disqualification.
📌 Parliament • Quorum
Q.14) What is the minimum quorum required to hold a meeting of the Lok Sabha or the Rajya Sabha?
Ans > One-tenth of the total membership of the House
- Constitutional Mandate: The requirement for a quorum is explicitly laid down in Article 100 of the Indian Constitution. It ensures that a tiny minority of legislators cannot pass binding national laws or constitutional amendments without adequate representation present.
- Calculating the Numbers: Because the quorum is set at exactly 10% (one-tenth) of total membership, the Lok Sabha requires a minimum of 55 members present to function, while the Rajya Sabha requires at least 25 members to conduct official business.
- Including the Presiding Officer: When calculating the quorum to determine if the House can proceed, the Presiding Officer (the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha) is included in the minimum required count.
- Ringing the Bell: If a member notices a lack of quorum, they can alert the Speaker. The “quorum bell” is then rung throughout the Parliament building for a few minutes. If the numbers still aren’t met, the sitting must be suspended.
📌 Parliament • Quorum
Q.15) If the quorum is not met during a session of Parliament, whose duty is it to either adjourn the House or suspend the meeting until there is a quorum?
Ans > The Presiding Officer (Speaker/Chairman)
- Ultimate House Authority: The Presiding Officer (the Speaker in the Lok Sabha, or the Chairman in the Rajya Sabha) holds supreme authority over the procedural conduct of the House. Ensuring that constitutional requirements like quorum are met is their direct constitutional duty.
- Mandatory Suspension: Article 100(4) leaves no room for discretion. It states that it shall be the strict duty of the chairman or Speaker to adjourn the House or to suspend the meeting until there is a quorum; they cannot proceed without it.
- The Lunch Hour Exception: By a long-standing parliamentary convention in India, the strict requirement of a quorum is generally ignored during the designated lunch hour (usually 1 PM to 2 PM), allowing debates to continue even with thin attendance.
- Opposition Tactics: Raising a point of order regarding a lack of quorum is a frequent, strategic parliamentary tactic used by the opposition. It forces the ruling party to constantly ensure their MPs are present, often disrupting the government’s legislative agenda.
📌 Parliament • Legislative Process
Q.16) The provision of the “Joint Sitting” of both Houses of Parliament (Article 108) is applicable to which of the following types of bills?
Ans > Ordinary Bills
- Resolving Deadlocks: Article 108 provides a constitutional mechanism to resolve deadlocks between the Lok Sabha and Rajya Sabha. A deadlock occurs if one House passes a bill and the other rejects it, heavily amends it, or sits on it for six months.
- Exclusion of Money Bills: Joint sittings cannot be held for Money Bills because the Constitution grants the Lok Sabha absolute supremacy over financial matters. The Rajya Sabha can only delay a Money Bill for 14 days, after which it is deemed passed.
- Exclusion of Amendment Bills: Constitutional Amendment Bills (under Article 368) also cannot be resolved via joint sitting. The Constitution strictly requires that both Houses must pass an amendment bill separately by a special majority to ensure broad consensus.
- Historical Rarity: Joint sittings are exceptionally rare in Indian parliamentary history. They have only been convened three times since independence: for the Dowry Prohibition Bill (1961), the Banking Service Commission Repeal Bill (1978), and the Prevention of Terrorism Bill (2002).
📌 State Legislature • Bicameralism
Q.17) The State Legislature of which of the following states is bicameral (having both a Legislative Assembly and a Legislative Council)?
Ans > Bihar
- The Bicameral Minority: Unlike the federal Parliament, which is strictly bicameral, states in India have the option to be unicameral. Currently, only six states maintain a bicameral legislature: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana.
- Constitutional Creation/Abolition: Article 169 outlines the process for creating or abolishing a Legislative Council (Vidhan Parishad). The State Legislative Assembly must pass a resolution by a special majority, which then must be approved by the national Parliament through a simple majority.
- Historical Abolitions: Several states that once had bicameral legislatures chose to abolish their upper houses to save costs and streamline lawmaking. Tamil Nadu famously abolished its Legislative Council in 1986, and Punjab abolished its council earlier in 1969.
- Limited Council Powers: Unlike the Rajya Sabha at the center, a State Legislative Council has very weak legislative powers. It cannot permanently block an ordinary bill passed by the Assembly; it can only delay its passage for a maximum total of four months.
📌 State Legislature • Sessions
Q.18) What is the maximum gap allowed between two sessions of a State Legislature?
Ans > 6 months
- Constitutional Safeguard: Article 174 of the Constitution dictates that the Governor shall summon the House, but stipulates that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next.
- Preventing Authoritarianism: This strict six-month rule acts as a crucial democratic safeguard. It physically prevents a Chief Minister or ruling party from avoiding legislative scrutiny, dodging votes of no-confidence, or ruling indefinitely by executive decree without facing the assembly.
- The Three-Session Convention: While the Constitution only technically requires two sessions per year to satisfy the six-month rule, a strong parliamentary convention exists where most state legislatures generally meet for three distinct sessions: Budget, Monsoon, and Winter sessions.
- Prorogation vs. Adjournment: The six-month clock begins upon “prorogation” (the formal end of a session by the Governor), not upon “adjournment” (a temporary pause in a sitting declared by the Speaker).
📌 Amendments • Legislative Lists
Q.19) Which Constitutional Amendment Act transferred five subjects (including Education, Forests, and Protection of Wild Animals) from the State List to the Concurrent List?
Ans > 42nd Amendment Act (1976)
- The Mini-Constitution: Enacted during the Emergency under Prime Minister Indira Gandhi, the 42nd Amendment (1976) is widely known as the “Mini-Constitution” due to the vast, sweeping changes it made to nearly every aspect of the Indian constitutional framework.
- Centralizing Power: The specific transfer of subjects to the Concurrent List was a deliberate move to centralize power. By moving them to the Concurrent List, both the State and Centre could legislate on them, but central laws would overrule conflicting state laws.
- The Five Subjects: The exact five subjects transferred were: Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and the Administration of Justice (constitution and organization of all courts except the Supreme Court and the High Courts).
- Impact on Education: Moving Education to the Concurrent List was arguably the most impactful shift. It legally enabled the Central Government to introduce sweeping national educational policies like the Right to Education Act and the National Education Policy across all states.
📌 History • Pre-Independence Acts
Q.20) The residuary powers of legislation in India belong to the Parliament. Before independence, under the Government of India Act 1935, these residuary powers were vested in the:
Ans > Governor-General / Viceroy
- Defining Residuary Powers: Residuary powers refer to the authority to make laws on any new subject matter that is not explicitly enumerated in any of the three legislative lists (Union List, State List, or Concurrent List). A modern example is cyber laws.
- The 1935 Act Compromise: The Government of India Act 1935 created a highly complex three-list system. Because the British wanted to balance power tightly, they refused to give residuary powers to either the center or provinces, vesting them solely in the unelected Governor-General.
- The Canadian Model: When the independent Indian Constitution was drafted, the framers moved away from the 1935 Act’s approach and instead adopted the Canadian federal model. Article 248 firmly vests all residuary legislative powers exclusively in the central Parliament.
- Cyber Laws Example: Because information technology and cybercrime did not exist when the Constitution was framed in 1950, they are not on any list. Consequently, the central Parliament used its residuary powers to enact the Information Technology Act in 2000.
📌 Judiciary • Subordinate Courts
Q.21) Who regulates the organization and jurisdiction of the Subordinate Courts (District Courts and below) in a state?
Ans > The State Legislature
- Concurrent Jurisdiction: Following the 42nd Amendment Act (1976), the administration of justice and the constitution and organization of all courts—except the Supreme Court and High Courts—fall under the Concurrent List (Entry 11A). In practice, State Legislatures enact the primary legislation structuring subordinate courts within their territory.
- High Court Superintendence: While the State Legislature passes the laws creating the courts, Article 227 mandates that the day-to-day administration and superintendence of all these subordinate courts strictly remain under the control of the respective state’s High Court.
- Judicial Appointments: According to Article 233, the appointments, postings, and promotions of district judges are formally made by the Governor of the state, but this must be done purely in consultation with the state’s High Court to ensure judicial independence.
- Structural Variations: Because states enact the specific legislation, the exact nomenclature and tier structure of civil and criminal subordinate courts can vary slightly across different Indian states, though they generally follow a standard district-level hierarchy.
📌 Judiciary • Appeals
Q.22) An appeal from a judgment of a District Court in a civil or criminal matter lies directly to the:
Ans > High Court
- The District Apex: The District Court represents the highest tier of original judicial authority within a specific district. It acts as the principal civil court of original jurisdiction and is presided over by a District Judge (who acts as a Sessions Judge for criminal cases).
- Appellate Hierarchy: The Indian judicial system is integrated and hierarchical. Therefore, any aggrieved party wishing to challenge a judgment, decree, or sentence handed down by a District or Sessions Judge must file their appeal directly with the High Court of that state.
- Death Penalty Confirmations: In criminal matters, if a Sessions Judge awards the death penalty (capital punishment), the sentence absolutely cannot be executed until it is thoroughly reviewed and formally confirmed by a minimum two-judge bench of the respective High Court.
- Article 226/227 Powers: Beyond direct appeals, the High Court also exercises broad supervisory jurisdiction over all District Courts. It can issue writs or transfer cases from the District Court to itself if it believes a substantial question of constitutional law is involved.
📌 Constitution • Scheduled Castes
Q.23) Under Article 341, the President can specify the castes, races, or tribes which shall be deemed to be “Scheduled Castes” in relation to a State. Can this list be modified subsequently?
Ans > Yes, by a law made by Parliament
- Initial Notification: Article 341 explicitly grants the President of India the initial power to issue an order specifying which castes, races, or tribes will be deemed Scheduled Castes (SCs) for a specific state, usually done after consulting the state’s Governor.
- Parliamentary Supremacy: Once the President has published the initial notification, their power is exhausted. Article 341(2) strictly mandates that any subsequent inclusion or exclusion of a caste from this finalized list can only be done through an Act passed by the Parliament.
- Preventing Political Tampering: This constitutional mechanism was intentionally designed to prevent state governments or the executive branch from arbitrarily modifying SC lists for short-term political or electoral gains right before elections.
- State-Specific Status: Scheduled Caste status is strictly state-specific. A caste that is recognized as an SC in one Indian state may be classified as a Backward Class (OBC) or a General category caste in a neighboring state, depending on historical social disadvantages.
📌 Constitution • Scheduled Tribes
Q.24) Under Article 342, the President specifies the “Scheduled Tribes.” If any changes are to be made to this list (adding or deleting a tribe), who has the power to do so?
Ans > The Parliament by law
- Parallel Mechanism: Article 342 mirrors the exact constitutional mechanism of Article 341. It grants the President the power to make the first, initial notification declaring specific tribes or tribal communities as Scheduled Tribes (STs) in relation to a particular state or Union Territory.
- Sole Legislative Authority: Just like the SC list, once the initial Presidential order for STs is promulgated, any subsequent modification—whether adding a newly recognized tribe or deleting an existing one—can solely be executed by a formal law passed by the Parliament.
- Criteria for ST Status: While the Constitution does not explicitly define the criteria, the established anthropological guidelines used for ST specification include primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and widespread backwardness.
- The NCST Role: While Parliament holds the final legislative power, the National Commission for Scheduled Tribes (NCST) plays a vital advisory role. Any proposed change to the ST list sent to Parliament usually requires prior consultation and clearance from the NCST.
📌 Judiciary • Basic Structure
Q.25) The Supreme Court established the principle that a constitutional amendment cannot destroy the basic structure of the Constitution. Does the Constitution explicitly define what constitutes the “Basic Structure”?
Ans > No, it has been defined and evolved by the Supreme Court through various judgments
- The Kesavananda Bharati Landmark: The revolutionary “Basic Structure Doctrine” was born out of the historic Kesavananda Bharati v. State of Kerala case in 1973. A 13-judge bench ruled that while Parliament can amend the Constitution, it cannot alter its core foundational identity.
- No Constitutional Definition: The term “Basic Structure” does not appear anywhere in the text of the Indian Constitution. It is entirely a judicial invention—a concept created by the Supreme Court to check the unlimited amending powers claimed by the Parliament.
- Evolution by Case Law: Because it isn’t defined, the Supreme Court determines what constitutes the basic structure on a case-by-case basis. Over decades, through various rulings, they have added elements like secularism, federalism, and judicial review to this protected list.
- The 42nd Amendment Pushback: In the 1976 42nd Amendment, Parliament tried to kill this doctrine by inserting a clause stating there is no limitation on Parliament’s amending power. The Supreme Court struck this clause down in the 1980 Minerva Mills case, cementing the doctrine.
📌 Judiciary • Basic Structure
Q.26) Which of the following has NOT been declared by the Supreme Court as a part of the Basic Structure of the Constitution?
Ans > The Parliamentary system of government at the Panchayat level
- Established Basic Features: Supremacy of the Constitution (Kesavananda case), Secularism (S.R. Bommai case), and Judicial Review (Minerva Mills case) have all been repeatedly and firmly categorized by the Supreme Court as unalterable pillars of the Basic Structure.
- Panchayat Structure Excluded: While the 73rd Amendment mandates Panchayati Raj institutions, the specific internal “parliamentary system” or the exact functioning mechanics at the village level are not considered part of the immutable basic structure of the national Constitution.
- The Separation of Powers: Another core element universally recognized as part of the Basic Structure is the strict separation of powers between the legislature, the executive, and the judiciary, ensuring that no single branch of government becomes tyrannical.
- Free and Fair Elections: The Supreme Court has also declared that the principle of “free and fair elections” is an essential part of the Basic Structure, meaning Parliament cannot pass an amendment that compromises the independence of the Election Commission.
📌 Institutions • Investigative Agencies
Q.27) The Central Bureau of Investigation (CBI) derives its power to investigate from which Act?
Ans > Delhi Special Police Establishment Act, 1946
- Not a Statutory Body: Unlike the National Investigation Agency (NIA), the Central Bureau of Investigation (CBI) is not a statutory body. Parliament has never passed a specific “CBI Act” to govern its existence, which has led to ongoing legal debates about its exact constitutional status.
- World War II Origins: The agency’s origins trace back to the Special Police Establishment created in 1941 to investigate bribery and corruption in transactions involving the War and Supply Department during World War II.
- The 1946 Act: After the war, the organization was formalized under the Delhi Special Police Establishment (DSPE) Act, 1946. Today, the modern CBI (established via an executive resolution in 1963) still legally draws all its police powers and jurisdiction exclusively from this 1946 Act.
- General Consent Requirement: Because it operates under the DSPE Act, the CBI is technically a police force of a Union Territory (Delhi). Therefore, to investigate a crime within a state’s borders, it legally requires the “general consent” of that state’s government.
📌 Institutions • NITI Aayog
Q.28) NITI Aayog’s “Governing Council” is the premier body tasked with evolving a shared vision of national development priorities. It is composed of:
Ans > The Prime Minister and Chief Ministers of all States and Lt. Governors of UTs
- Replacing the Planning Commission: NITI Aayog (National Institution for Transforming India) was formed in 2015 via an executive resolution to replace the 65-year-old Planning Commission, shifting the national economic model from a top-down approach to “cooperative federalism.”
- The Governing Council’s Role: The Governing Council is the apex decision-making body of NITI Aayog. Its inclusive composition is designed to ensure that state governments are active, equal partners in the formulation of national development policies, rather than just implementers.
- Broad Representation: The Council is chaired by the Prime Minister. Crucially, it includes the Chief Ministers of all Indian states, the Chief Ministers of Union Territories with legislatures (Delhi, Puducherry, J&K), and the Lieutenant Governors of other Union Territories.
- No Financial Allocation Power: Unlike the defunct Planning Commission, which had the immense power to allocate central funds to states, NITI Aayog functions purely as a policy “think tank.” It cannot distribute funds; that power now resides strictly with the Finance Ministry.
📌 Fundamental Rights • Article 19
Q.29) Which of the following is NOT a fundamental right guaranteed to Indian citizens under Article 19?
Ans > Right to acquire, hold, and dispose of property
- The Original Seven: When the Constitution was inaugurated in 1950, Article 19 originally guaranteed seven democratic freedoms to Indian citizens. The Right to Property (Article 19(1)(f)) was heavily protected as one of these original fundamental rights.
- The Land Reform Conflict: The inclusion of property as a fundamental right caused decades of massive legal battles between the Supreme Court and the government. Landlords frequently used this right to successfully block the government’s socialist land reform and redistribution policies.
- The 44th Amendment Removal: To end this judicial blockade, the Morarji Desai-led Janata Party government passed the 44th Amendment Act in 1978. This amendment completely deleted the Right to Property from the list of Fundamental Rights under Part III of the Constitution.
- Current Legal Status: Today, the Right to Property is no longer a Fundamental Right, but it is not abolished. It was relocated to Article 300A, making it a standard Constitutional Right. This means the government can acquire private property for public use by passing a standard law, without facing fundamental rights challenges.
📌 Judiciary • Landmark Judgments
Q.30) Under Article 21, the Right to Life and Personal Liberty includes the Right to Privacy, as established in the landmark case of:
Ans > Justice K.S. Puttaswamy (Retd.) v. Union of India
- The Aadhaar Catalyst: The legal battle over the Right to Privacy was triggered by the government’s rollout of the biometric Aadhaar system. Petitioners argued that collecting mandatory biometric data violated citizens’ privacy, forcing the court to decide if privacy was a fundamental right.
- The Unanimous Verdict: In a historic 2017 judgment, a massive nine-judge bench of the Supreme Court ruled unanimously that the Right to Privacy is an intrinsic, fundamental part of the Right to Life and Personal Liberty guaranteed under Article 21.
- Overruling Past Precedents: The Puttaswamy judgment was monumental because it explicitly overruled earlier Supreme Court judgments—specifically the MP Sharma (1954) and Kharak Singh (1962) cases—which had previously ruled that the Indian Constitution did not explicitly protect the right to privacy.
- Not Absolute: While elevating Privacy to a fundamental right, the Supreme Court clarified that it is not an absolute right. The state can still restrict privacy to protect national security, prevent crime, or distribute welfare, provided the restriction is backed by a fair, just, and proportionate law.
📌 Quick Summary — Polity Set 149
- Electoral Delimitation (84th Amendment): Froze the readjustment of constituencies up to 2026 based on 1971 census.
- Electoral Delimitation (87th Amendment): Updated the baseline to the 2001 census without altering state seat counts.
- Official Language: Article 394A empowers the President to publish the Hindi authoritative text of the Constitution.
- AFSPA: Enacted in 1958 to grant special powers in disturbed areas.
- UAPA: Originally enacted in 1967 targeting secessionist movements; became primary anti-terror law post-2004.
- POTA: Anti-terrorism act passed after 2001 Parliament attacks, highly controversial and repealed in 2004.
- NIA: Established after the 26/11 Mumbai attacks (2008) with concurrent federal jurisdiction.
- Protection of Human Rights Act: Enacted in 1993, establishing the recommendatory NHRC.
- RTE Act: Came into force on April 1, 2010, executing Article 21A.
- NFSA: Enacted in 2013, making subsidized food grains a legal entitlement for two-thirds of India.
- MGNREGA: Passed in 2005, providing 100 days of demand-driven wage employment.
- Forest Rights Act: Enacted in 2006 to recognize traditional forest-dwelling community rights.
- Anti-Defection: Defying a “Three-Line Whip” can lead to disqualification under the 10th Schedule.
- Quorum: Exactly one-tenth (10%) of the total membership of the Lok Sabha/Rajya Sabha.
- Presiding Officer Duty: Constitutionally bound to adjourn/suspend the House if quorum is not met.
- Joint Sitting: Applicable only to Ordinary Bills, not Money or Amendment bills.
- State Bicameralism: Bihar is one of the six states with a Legislative Council.
- Legislative Sessions: A maximum gap of 6 months is allowed between two sessions of a State Legislature.
- 42nd Amendment: Centralized power by moving five subjects (e.g., Education) to the Concurrent List.
- Govt of India Act 1935: Vested residuary powers exclusively in the Governor-General/Viceroy.
- Subordinate Courts: Organization falls under Concurrent List Entry 11A, enacted primarily by State Legislatures.
- District Appeals: Appeals from District Courts lie directly to the state’s High Court.
- SC List Modification: Under Article 341, changes require a law passed by Parliament.
- ST List Modification: Under Article 342, changes also strictly require a law passed by Parliament.
- Basic Structure Doctrine: A judicial invention from Kesavananda Bharati (1973), not explicitly defined in the Constitution.
- Panchayat Parliamentary System: This specific tier structure is not considered part of the Basic Structure.
- CBI Authority: Derives police powers strictly from the pre-independence DSPE Act of 1946.
- NITI Aayog Governing Council: Consists of the PM and all State Chief Ministers / UT Lt. Governors.
- Right to Property: Removed from Article 19 fundamental rights via the 44th Amendment (1978).
- Right to Privacy: Established as a fundamental right under Article 21 in the 2017 Puttaswamy judgment.
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