Polity Set 103
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π Parliament β’ Lok Sabha Speaker
Q.1) Who administers the oath of office to the Speaker of the Lok Sabha?
Ans > The Speaker does not take any separate oath of office
- Absence of a Unique Oath: The Speaker of the Lok Sabha does not have a separate, distinct oath of office. Before assuming the position, the individual simply takes the standard oath or affirmation required for all Members of Parliament (MPs) as outlined in the Third Schedule of the Constitution.
- Role of the Pro Tem Speaker: Prior to the election of the regular Speaker, the President appoints a Speaker Pro Tem. This temporary presiding officer, usually the senior-most member of the House, is responsible for administering the MP oath to all newly elected representatives.
- Constitutional Framework: Article 93 of the Indian Constitution mandates the election of the Speaker. The fact that the framers did not create a special oath underscores that the Speaker fundamentally remains an elected representative of their constituency, trusted by peers to impartially preside over parliamentary proceedings.
π Parliamentary Terms β’ Legislative Procedure
Q.2) In parliamentary terminology, what does ‘Kangaroo Closure’ mean?
Ans > Only important clauses are taken up for debate and voting, and the intervening clauses are skipped over and taken as passed
- Mechanism of Kangaroo Closure: In parliamentary procedure, a Kangaroo Closure is a specific type of motion used to expedite the passage of a lengthy bill. Under this method, the presiding officer selects only the most significant clauses for debate and voting, actively “jumping” over the intervening, less important clauses.
- Deemed Approval: The clauses that are skipped over are not debated; they are automatically assumed to be passed along with the debated clauses once the vote is concluded. This saves immense parliamentary time during heavy legislative sessions.
- Contrast with Other Closures: Unlike a simple closure (where debate is stopped and a vote is taken immediately) or closure by compartments (where a bill is grouped into parts), the Kangaroo Closure relies heavily on the Speaker’s discretion to identify which specific clauses warrant the House’s valuable debating time.
π Parliamentary Terms β’ Budget
Q.3) During parliamentary proceedings, what does the ‘Guillotine’ refer to?
Ans > Putting undiscussed clauses of a bill or resolution to vote along with the discussed ones due to want of time
- Definition of the Guillotine: In parliamentary terms, the ‘Guillotine’ is a strict time-saving device. When the time allotted for discussing various demands for grants or clauses of a bill is exhausted, the Speaker puts all the remaining, undiscussed demands or clauses to vote directly.
- Usage During the Budget Session: The Guillotine is most famously applied during the passage of the Union Budget. Because Parliament cannot debate every single demand for grants from all ministries within the scheduled timeframe, the undiscussed demands are bundled together and voted upon on the final allotted day.
- Impact on Legislative Scrutiny: While essential for ensuring that the government gets its necessary funds on time and that legislative business concludes, the Guillotine bypasses detailed debate. This means that significant expenditures might pass without thorough scrutiny by the opposition.
π Fundamental Rights β’ Constitutional Amendment
Q.4) The 44th Constitutional Amendment Act (1978), which deleted the Right to Property from the list of Fundamental Rights, was enacted during the tenure of which Prime Minister?
Ans > Morarji Desai
- Elimination of Fundamental Right: The 44th Constitutional Amendment Act of 1978, enacted under Prime Minister Morarji Desai of the Janata Party government, removed the Right to Property from the list of Fundamental Rights (formerly Article 31 and Article 19(1)(f)).
- Creation of a Constitutional Right: Instead of completely abolishing the right, the amendment inserted Article 300A into Part XII of the Constitution. This made the Right to Property a legal and constitutional right, stating that “no person shall be deprived of his property save by authority of law.”
- Political Context of the Amendment: The Janata Party government enacted this amendment to reverse several controversial changes made by Indira Gandhi’s 42nd Amendment during the Emergency. Removing property as a fundamental right streamlined land acquisition for public welfare projects and removed the Supreme Court’s direct Article 32 jurisdiction over property disputes.
π Statutory Bodies β’ Lokpal
Q.5) Who was appointed as the first Lokpal of India in March 2019?
Ans > Justice Pinaki Chandra Ghose
- Establishment of the Institution: The Lokpal and Lokayuktas Act, 2013, created the anti-corruption ombudsman institution at the central level. After a prolonged delay of several years, Justice Pinaki Chandra Ghose was officially appointed as the first chairperson of the Lokpal in March 2019.
- Profile of the First Chairperson: Justice P.C. Ghose is a former judge of the Supreme Court of India and previously served as the Chief Justice of the Andhra Pradesh High Court. His extensive judicial background provided the necessary legal weight required for the inaugural leadership of this watchdog body.
- Jurisdiction Scope: The Lokpal holds broad jurisdiction to inquire into allegations of corruption against public functionaries. This scope includes the Prime Minister of India (with specific procedural safeguards), Union Ministers, Members of Parliament, and Group A, B, C, and D officers of the Central Government.
π Constitutional Bodies β’ Finance Commission
Q.6) Which body recommends the distribution of the net proceeds of taxes between the Centre and the states?
Ans > Finance Commission
- Constitutional Mandate: The Finance Commission is a constitutional body established under Article 280 of the Indian Constitution. It is constituted by the President of India every five years, or earlier if considered necessary, to manage federal fiscal relations.
- Vertical and Horizontal Devolution: Its primary function is to recommend the “vertical devolution” of the net proceeds of taxes between the Union government and the State governments. Furthermore, it decides the “horizontal devolution,” which is the formula for distributing the states’ share among the individual states based on population, area, and income distance.
- Grants-in-Aid Recommendation: Aside from tax distribution, the Commission establishes the principles that govern the grants-in-aid of the revenues of the states out of the Consolidated Fund of India, helping financially weaker states meet their administrative and developmental needs.
π Statutory Bodies β’ CIC
Q.7) The Central Information Commission (CIC) falls under the administrative purview of which Union Ministry?
Ans > Ministry of Personnel, Public Grievances and Pensions
- Statutory Origin and Mandate: The Central Information Commission (CIC) is a high-level statutory body created under the Right to Information (RTI) Act of 2005. Its primary mandate is to receive and inquire into complaints from citizens regarding the refusal or failure to provide public information.
- Nodal Ministry Relationship: Although it functions autonomously to uphold transparency, the Ministry of Personnel, Public Grievances and Pensions serves as its nodal administrative ministry. Specifically, the Department of Personnel and Training (DoPT) within this ministry handles the administrative linkages and policy framing regarding the RTI Act.
- Independence of Operations: Despite falling under a central ministry for administrative purposes, the CIC operates as an independent, quasi-judicial authority. Its decisions on information disclosure are binding on government departments, subject only to appellate review by the higher judiciary (High Courts and the Supreme Court).
π Statutory Bodies β’ CVC
Q.8) Which committee recommended the establishment of the Central Vigilance Commission (CVC)?
Ans > Santhanam Committee
- Formation of the Committee: The Committee on Prevention of Corruption, widely known as the Santhanam Committee, was appointed by the Government of India in 1962 under the chairmanship of K. Santhanam. Its primary goal was to review the existing anti-corruption frameworks and suggest measures to combat systemic corruption.
- Creation of the CVC: Based directly on the Santhanam Committee’s recommendations, the Central Vigilance Commission (CVC) was established in February 1964 via an executive resolution. It was designed to act as the apex vigilance institution, free from any executive authority control.
- Evolution to Statutory Status: Initially functioning without constitutional or statutory backing, the CVC was eventually granted statutory status decades later through the enactment of the Central Vigilance Commission Act, 2003. This elevated its power to monitor all vigilance activities under the Central Government and advise various authorities.
π Statutory Bodies β’ Zonal Councils
Q.9) Zonal Councils are not constitutional bodies; they are statutory bodies established by the:
Ans > States Reorganisation Act, 1956
- Statutory Foundation: Unlike the Inter-State Council (which is constitutional under Article 263), Zonal Councils are statutory bodies. They were established by Part-III of the States Reorganisation Act, 1956, following the linguistic reorganization of Indian states, to foster regional cooperation.
- Division of Zones: The Act initially divided the country into five distinct zones: Northern, Central, Eastern, Western, and Southern. Much later, the North Eastern Council was created under a separate statuteβthe North Eastern Council Act, 1971βto address the unique needs of the northeastern states.
- Leadership and Objectives: The Union Home Minister acts as the common ex-officio Chairman of all the Zonal Councils. The primary objective of these councils is to promote cooperative federalism by resolving inter-state disputes and facilitating smooth coordination on matters like border disputes, linguistic minorities, and inter-state transport.
π Scheduled Areas β’ Presidential Powers
Q.10) Who has the authority to declare any area as a ‘Scheduled Area’ under the Fifth Schedule?
Ans > The President of India
- Presidential Declaration: Under Paragraph 6 of the Fifth Schedule of the Indian Constitution, the President of India holds the exclusive authority to declare any area as a “Scheduled Area.” The President also possesses the power to alter the boundaries, increase the area, or revoke the designation in consultation with the state’s Governor.
- Objective of the Fifth Schedule: The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered by the Sixth Schedule). It aims to protect tribal lands and preserve their distinct cultural autonomy.
- Governor’s Special Responsibilities: While the President declares the area, the Governor of the state with Scheduled Areas is required to submit an annual report to the President regarding the administration of these areas. The Governor also has the power to direct that any particular act of Parliament or State Legislature shall not apply to a Scheduled Area.
π Constitutional Bodies β’ Inter-State Council
Q.11) The Inter-State Council was set up in 1990 under Article 263 on the recommendation of the:
Ans > Sarkaria Commission
- Commission’s Mandate: The Sarkaria Commission was set up in 1983 by the central government under the chairmanship of Justice R.S. Sarkaria. Its comprehensive mandate was to examine and review the working of existing arrangements between the Union and States in all spheres and recommend changes.
- Recommendation for a Permanent Body: Among its most significant recommendations was the establishment of a permanent Inter-State Council under Article 263 of the Constitution. Prior to 1990, the President had only created ad-hoc bodies under this article for specific subjects, but the Sarkaria Commission argued for a standing council to ensure regular federal dialogue.
- Establishment and Composition: Acting on this recommendation, the V.P. Singh-led government established the Inter-State Council via a Presidential Order in 1990. The Council is chaired by the Prime Minister and includes Chief Ministers of all states, Chief Ministers of union territories with legislatures, and selected Union Cabinet Ministers.
π Special Provisions β’ Article 371
Q.12) Article 371J, which provides special provisions for the Hyderabad-Karnataka region, was added to the Constitution by which Amendment Act?
Ans > 98th Amendment Act (2012)
- Purpose of the Amendment: The 98th Constitutional Amendment Act, passed in 2012, inserted Article 371J into the Constitution. This article grants special status to the backward Hyderabad-Karnataka region (which includes districts like Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary) to accelerate its development.
- Creation of a Development Board: The provision empowers the President to instruct the Governor of Karnataka to establish a separate development board for this region. This ensures equitable allocation of state funds for the developmental activities of these specific backward districts.
- Reservation in Jobs and Education: A key feature of Article 371J is the provision for institutional reservation. It guarantees reservation in educational and vocational training institutions within the region, as well as quota reservations in state government jobs for individuals domiciled in the Hyderabad-Karnataka area.
π Elections β’ Delimitation
Q.13) In which year was the first Delimitation Commission set up in India?
Ans > 1952
- Concept of Delimitation: Delimitation is the act of redrawing the boundaries of an Assembly or Lok Sabha constituency to reflect changes in population, ensuring that every constituency has a nearly equal number of voters. This upholds the democratic principle of “One Vote, One Value.”
- Establishment of the First Commission: The first Delimitation Commission in India was constituted in 1952 under the Delimitation Commission Act, 1952. This followed the first general elections in 1951-52, aiming to adjust boundaries based on the 1951 Census data.
- Binding Nature of Orders: A Delimitation Commission is a high-powered, independent body whose orders have the force of law and cannot be challenged in any court. This absolute legal protection ensures that the redrawing of electoral boundaries remains free from political interference and lengthy judicial delays.
π Union Executive β’ President
Q.14) What is the maximum number of times a person can be elected as the President of India?
Ans > No limit
- Constitutional Provision: Article 57 of the Indian Constitution explicitly deals with the eligibility for re-election of the President. It states that a person who holds, or who has held, office as President shall be eligible for re-election to that office, without setting any numerical cap on terms.
- Contrast with the United States: This is a stark contrast to the US Constitution. Following the 22nd Amendment to the US Constitution in 1951, a US President is strictly limited to serving two elected terms. India deliberately chose not to impose such a constitutional restriction.
- Historical Precedent: Despite there being no constitutional limit, India has a strong convention of limited terms. Dr. Rajendra Prasad, the first President of India, is the only individual in Indian history to have successfully secured and served two consecutive terms (1950 to 1962) as the President of the republic.
π State Legislature β’ Legislative Council
Q.15) A member of a State Legislative Council (MLC) must be a citizen of India and not less than how many years of age?
Ans > 30 years
- Age Qualification Standard: According to Article 173 of the Constitution, to be chosen to fill a seat in the State Legislative Council (Vidhan Parishad), an individual must not be less than 30 years of age. This mirrors the age qualification required for the Rajya Sabha (Council of States) at the central level.
- Contrast with Lower Houses: This age requirement is higher than that of the State Legislative Assembly (Vidhan Sabha) and the Lok Sabha, both of which require a candidate to be at least 25 years old. The higher age for the upper houses is intended to ensure a level of maturity and experience in legislative review.
- Other Mandatory Qualifications: Aside from the age requirement, the candidate must be a citizen of India, must make and subscribe to an oath before a person authorized by the Election Commission, and must possess other qualifications as prescribed by the Parliament (such as being an elector for an assembly constituency in that state).
π Legislative Powers β’ Residuary Powers
Q.16) Which Article vests the residuary powers of legislation exclusively in the Parliament?
Ans > Article 248
- Definition of Residuary Powers: Residuary powers refer to the authority to legislate on any subject matter that is not enumerated in the Concurrent List or State List found in the Seventh Schedule. Article 248 explicitly vests this residual legislative authority entirely in the Union Parliament.
- Power of Taxation: Article 248 further clarifies that this exclusive parliamentary power includes the authority to pass laws imposing a tax that is not mentioned in either the State List or the Concurrent List. Examples of residuary taxes enacted by Parliament include service tax and wealth tax prior to GST.
- Canadian Federal Influence: The allocation of residuary powers to the federal center rather than the states is a feature borrowed heavily from the Canadian Constitution. This constitutional design choice highlights the Indian framework’s tendency toward a strong central government, contrasting with the US model where residuary powers lie with individual states.
π State Executive β’ Council of Ministers
Q.17) The 91st Amendment Act (2003) limits the size of the Council of Ministers. However, the number of ministers (including the Chief Minister) in a state shall NOT be less than:
Ans > 12
- Ceiling on Council Size: The 91st Constitutional Amendment Act, 2003, inserted Article 164(1A), which mandates that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State cannot exceed 15% of the total strength of the State Legislative Assembly.
- Minimum Threshold Provision: To ensure functional governance in smaller states where 15% of the assembly size would result in too few ministers to run various departments efficiently, the amendment provided a safety net: the absolute minimum number of ministers in a state cabinet must not fall below 12.
- Prevention of Jumbo Cabinets: The primary intent behind this constitutional amendment was to curb the political menace of creating “jumbo cabinets.” Prior to 2003, governments frequently appointed an excessively large number of legislators as ministers simply to satisfy political factions and prevent defections, severely draining the state exchequer.
π Planning Bodies β’ NDC
Q.18) Who is the ex-officio Chairman of the National Development Council (NDC)?
Ans > The Prime Minister
- Establishment and Nature: The National Development Council (NDC) was established in August 1952 via an executive resolution of the Government of India. It is neither a constitutional body nor a statutory body; it functions as an advisory and reviewing council for economic planning.
- Ex-Officio Leadership: The Prime Minister of India serves as the ex-officio Chairman of the NDC. The body also comprises all Union Cabinet Ministers, Chief Ministers of all states, representatives of union territories, and the members of the Planning Commission (now NITI Aayog).
- Core Function in Planning: Historically, the NDC was the apex body for decision-making regarding the Five-Year Plans. Its role was to secure the cooperation of the states in executing the plans and to promote balanced economic development across regions. With the abolition of the Planning Commission and the rise of NITI Aayog, the NDC’s role has effectively become defunct.
π Fundamental Rights β’ Right to Education
Q.19) Which Constitutional Amendment Act made elementary education a Fundamental Right for children in the age group of 6-14 years?
Ans > 86th Amendment Act (2002)
- Insertion of Article 21A: The 86th Constitutional Amendment Act of 2002 introduced Article 21A into Part III of the Constitution. This groundbreaking article unequivocally declared that the State shall provide free and compulsory education to all children of the age of 6 to 14 years.
- Corresponding Changes in Duties and Directives: The amendment didn’t just alter Fundamental Rights. It modified Article 45 (Directive Principles) to focus on early childhood care for children below six years. It also added a new Fundamental Duty under Article 51A(k), obligating parents or guardians to provide educational opportunities to their children.
- Enabling Legislation: While the amendment made education a right in 2002, the operational mechanism was brought to life several years later with the passage of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which came into effect on April 1, 2010.
π Judiciary β’ PIL
Q.20) The concept of Public Interest Litigation (PIL) in India was heavily promoted in its early days by which Supreme Court Justice?
Ans > Justice P.N. Bhagwati
- Relaxation of Locus Standi: Before PILs, only a directly aggrieved party could approach the courts (the traditional rule of locus standi). Justice P.N. Bhagwati, alongside Justice V.R. Krishna Iyer, revolutionized Indian jurisprudence by relaxing this rule, allowing any public-spirited individual to file petitions on behalf of those unable to access justice.
- Epistolary Jurisdiction: Under Justice Bhagwati’s leadership, the Supreme Court introduced “epistolary jurisdiction.” This meant the court could treat a simple letter or telegram written by a citizen addressing a public grievance or human rights violation directly as a formal writ petition.
- Championing the Marginalized: The promotion of PILs drastically shifted the judiciary’s focus toward addressing systemic issues affecting undertrial prisoners, bonded laborers, and marginalized communities. It transformed the Supreme Court from a traditional arbiter of private disputes into a powerful institutional defender of fundamental human rights.
π Constitutional Bodies β’ Election Commission
Q.21) In India, who determines the conditions of service and tenure of the Election Commissioners?
Ans > The President
- Constitutional Mandate: Article 324 of the Constitution vests the superintendence, direction, and control of elections in the Election Commission. It states that the President determines the conditions of service and tenure of the Chief Election Commissioner (CEC) and other Election Commissioners, subject to laws made by Parliament.
- Parliamentary Act: Based on this authority, Parliament enacted the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. This act statutorily fixed their term at six years or up to the age of 65 years, whichever is earlier.
- Protection of Independence: While the President formally determines these conditions, the Constitution safeguards the CEC’s independence by ensuring they cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court, ensuring executive interference is minimized.
π Schedules β’ Rajya Sabha
Q.22) Which Schedule of the Constitution deals with the allocation of seats in the Council of States (Rajya Sabha)?
Ans > Fourth Schedule
- Purpose of the Fourth Schedule: The Fourth Schedule of the Indian Constitution contains the precise state-wise and union territory-wise breakdown of the allocation of seats in the Rajya Sabha (Council of States). The number of seats is distributed fundamentally on the basis of a state’s population.
- Disproportionate Representation: Unlike the US Senate, where every state gets an equal number of seats (two) regardless of size, India uses a proportional formula. Consequently, a highly populated state like Uttar Pradesh holds 31 seats, while smaller states like Goa, Sikkim, and Nagaland hold only 1 seat each.
- Changes to the Schedule: The Fourth Schedule is routinely amended whenever a new state is created or existing state boundaries are reorganized. For instance, the creation of Telangana in 2014 or the bifurcation of Jammu & Kashmir into Union Territories in 2019 necessitated legal amendments to this schedule.
π Union Executive β’ Presidential Vacancy
Q.23) If the office of the President falls vacant, an election to fill the vacancy must be held within:
Ans > Six months
- Constitutional Time Limit: Article 62(2) of the Constitution explicitly mandates that if the office of the President falls vacant due to death, resignation, removal, or otherwise, an election to fill the vacancy must be conducted as soon as possible, and in no case later than six months from the date of the vacancy.
- Role of the Acting President: During this maximum six-month interim period, the Vice-President of India steps in to act as the President, discharging all functions and assuming all constitutional powers of the highest office. If the Vice-President is unavailable, the Chief Justice of India assumes the role.
- Full Term for the New President: When a new President is elected to fill a mid-term vacancy, they do not serve merely for the remainder of the predecessor’s unexpired term. Instead, the newly elected President is entitled to hold office for a complete, fresh term of five years from the date they assume charge.
π Constitutional Bodies β’ UPSC
Q.24) The Union Public Service Commission (UPSC) submits its annual report on its performance to the:
Ans > President
- Constitutional Reporting Obligation: Under Article 323 of the Indian Constitution, the Union Public Service Commission (UPSC) is mandated to present an annual report concerning the work done by the commission directly to the President of India.
- Presidential Forwarding to Parliament: Upon receiving the comprehensive performance report, the President causes a copy of it to be laid before both Houses of Parliament (Lok Sabha and Rajya Sabha). The report does not go directly from the UPSC to the legislature.
- Memorandum of Non-Acceptance: When the report is presented to Parliament, it must be accompanied by a memorandum explaining the cases, if any, where the government did not accept the advice of the UPSC. The government is constitutionally required to furnish specific reasons for rejecting the UPSC’s recommendations, ensuring executive accountability.
π State Executive β’ Governor
Q.25) A Governor holds office for a term of five years, but can be removed earlier by the:
Ans > President
- Doctrine of Pleasure: According to Article 156 of the Constitution, while a Governor is appointed for a standard term of five years, they hold office strictly “during the pleasure of the President.” This means the President can dismiss a Governor at any time before the term expires.
- No Constitutional Grounds for Removal: Unlike the President of India, Supreme Court judges, or the Chief Election Commissioner, the Constitution does not lay down any specific grounds or procedures (such as impeachment) for the removal of a Governor. The President acts entirely on the binding advice of the Union Council of Ministers.
- Subject to Judicial Review: Historically, arbitrary removal of Governors upon a change in the central government was common. However, the Supreme Court ruled in the 2010 B.P. Singhal case that while the President can remove a Governor without assigning a reason, the power cannot be exercised arbitrarily, capriciously, or based on unreasonable political motives.
π Services β’ All-India Services
Q.26) According to Article 312, Parliament can create new All-India Services if a resolution is passed by the:
Ans > Rajya Sabha with a special majority (two-thirds of members present and voting)
- Special Power of the Upper House: Article 312 grants a unique and exclusive power to the Rajya Sabha to authorize the creation of new All-India Services (common to both the Union and the States). This power is logically given to the Rajya Sabha because such services affect state autonomy, and the Rajya Sabha represents the states’ interests.
- Majority Requirement: To initiate this creation, the Rajya Sabha must pass a resolution declaring that it is necessary or expedient in the national interest. This resolution requires a special majority, specifically supported by not less than two-thirds of the members present and voting.
- Subsequent Legislation: Once the Rajya Sabha passes this resolution, the Union Parliament acquires the legal authority to enact a law creating the new service. For example, the Indian Forest Service (IFS) was created in 1966 following this exact constitutional procedure.
π Local Government β’ Municipalities
Q.27) The first Municipal Corporation in India was established during British rule in 1687 at:
Ans > Madras
- Origins of Urban Local Governance: The framework for urban local government in India was initiated during the British colonial era. The very first Municipal Corporation in India was established in the city of Madras (now Chennai) in 1687, making it the oldest municipal body in the entire Commonwealth outside the UK.
- Charter of King James II: The Corporation was instituted through a royal charter issued by King James II. Its initial purpose was to manage the local civic affairs of the growing town of Madras and, more importantly, to assist the East India Company in collecting local taxes from residents.
- Expansion to Other Presidencies: The experiment in Madras paved the way for future urban governance. Decades later, under the Charter Act of 1793, similar municipal corporations were formally established in the other two major presidency towns: Bombay and Calcutta.
π Judiciary β’ District Judges
Q.28) Who appoints the District Judges in a State?
Ans > The Governor of the State in consultation with the High Court
- Constitutional Authority: Article 233 of the Indian Constitution governs the appointment of District Judges. It explicitly states that appointments, postings, and promotions of District Judges in any state shall be made by the Governor of the state.
- Mandatory Consultation: The Governor does not exercise this power independently. The Constitution mandates that the Governor must act in consultation with the High Court exercising jurisdiction over that specific state. The High Court’s recommendation carries substantial weight to preserve judicial independence.
- Eligibility Criteria: To be appointed as a District Judge, a person must not already be in the service of the Union or the State. Alternatively, they must have been an advocate or a pleader for not less than seven years and must be actively recommended by the High Court for the appointment.
π Judiciary β’ Supreme Court
Q.29) The power to increase the number of judges in the Supreme Court of India is vested in the:
Ans > Parliament
- Constitutional Delegation: Article 124(1) of the Constitution originally stated that the Supreme Court of India shall consist of a Chief Justice and, until Parliament by law prescribes a larger number, not more than seven other Judges. This explicitly gave Parliament the exclusive legislative authority to increase judicial strength.
- Evolution of Court Strength: Acting on this power, Parliament has periodically passed the Supreme Court (Number of Judges) Amendment Acts to handle the increasing backlog of cases. The original strength of 8 (including the CJI) was progressively increased in 1956, 1960, 1977, 1986, 2008, and most recently in 2019.
- Current Maximum Strength: Following the Supreme Court (Number of Judges) Amendment Act of 2019, the maximum permissible sanctioned strength of the Supreme Court is currently set at 34 judges (comprising 33 puisne judges and one Chief Justice of India).
π Co-operative Societies β’ Constitutional Amendment
Q.30) Which Constitutional Amendment Act gave a constitutional status and protection to co-operative societies?
Ans > 97th Amendment Act (2011)
- Creation of a Fundamental Right: The 97th Constitutional Amendment Act of 2011 made a critical change to Part III of the Constitution. It amended Article 19(1)(c) to guarantee the right to form cooperative societies as a Fundamental Right, elevating their legal standing alongside unions and associations.
- Addition to Directive Principles: To ensure state backing for the cooperative movement, the amendment introduced a new Directive Principle of State Policy. It added Article 43B, which directs the state to promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
- Insertion of a New Part: The amendment comprehensively restructured cooperative governance by adding an entirely new Part IX-B to the Constitution (Articles 243ZH to 243ZT). This part laid down uniform constitutional guidelines for the incorporation, board structure, and election processes of cooperative societies across all Indian states.
π Quick Summary β Polity Set 103
- Parliament: The Speaker of the Lok Sabha does not take a separate oath, only the standard MP oath.
- Parliamentary Terms: ‘Kangaroo Closure’ means only important clauses are debated, while others are skipped and deemed passed.
- Parliamentary Terms: ‘Guillotine’ is putting undiscussed clauses to a direct vote due to a lack of time.
- Fundamental Rights: The 44th Amendment (1978) deleting the Right to Property was enacted under PM Morarji Desai.
- Statutory Bodies: Justice Pinaki Chandra Ghose was appointed as the first Lokpal of India in March 2019.
- Constitutional Bodies: The Finance Commission recommends the distribution of tax proceeds between Centre and states.
- Statutory Bodies: The CIC falls under the Ministry of Personnel, Public Grievances and Pensions.
- Statutory Bodies: The Santhanam Committee recommended the establishment of the Central Vigilance Commission (CVC).
- Statutory Bodies: Zonal Councils were established by the States Reorganisation Act, 1956.
- Scheduled Areas: The President of India has the authority to declare any area as a ‘Scheduled Area’.
- Constitutional Bodies: The Inter-State Council was set up in 1990 based on the Sarkaria Commission’s recommendation.
- Special Provisions: Article 371J for the Hyderabad-Karnataka region was added by the 98th Amendment Act (2012).
- Elections: The first Delimitation Commission in India was set up in 1952.
- Union Executive: There is no limit on the number of times a person can be elected as the President of India.
- State Legislature: An MLC must be at least 30 years of age.
- Legislative Powers: Article 248 vests residuary powers of legislation exclusively in the Parliament.
- State Executive: The 91st Amendment states the minimum number of state ministers (including CM) cannot be less than 12.
- Planning Bodies: The Prime Minister is the ex-officio Chairman of the National Development Council (NDC).
- Fundamental Rights: The 86th Amendment Act (2002) made elementary education a Fundamental Right.
- Judiciary: Justice P.N. Bhagwati heavily promoted Public Interest Litigation (PIL) in its early days.
- Constitutional Bodies: The President determines the conditions of service and tenure of Election Commissioners.
- Schedules: The Fourth Schedule deals with the allocation of seats in the Rajya Sabha.
- Union Executive: An election to fill a Presidential vacancy must be held within six months.
- Constitutional Bodies: The UPSC submits its annual performance report to the President.
- State Executive: A Governor can be removed before their five-year term expires by the President.
- Services: The Rajya Sabha can authorize new All-India Services via a special majority under Article 312.
- Local Government: India’s first Municipal Corporation was established in Madras in 1687.
- Judiciary: The Governor appoints District Judges in consultation with the High Court.
- Judiciary: The Parliament has the vested power to increase the number of Supreme Court judges.
- Co-operative Societies: The 97th Amendment Act (2011) gave constitutional status to co-operative societies.
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