Polity Set 127
🔍
📌 Constitution • History
Q.1) The idea of a Constituent Assembly for India was put forward for the first time in 1934 by:
Ans > M.N. Roy
- Early Articulation of the Idea: M.N. Roy, a pioneer of the communist movement in India, was the first to conceptualize a Constituent Assembly in 1934. He firmly believed that only a body of elected Indian representatives could frame a constitution that genuinely reflected the political and social aspirations of the masses, breaking away from British-imposed legal frameworks.
- Adoption by the Indian National Congress: Following Roy’s visionary proposal, the Indian National Congress (INC) officially demanded a Constituent Assembly in 1935. Jawaharlal Nehru further solidified this stance in 1938, declaring that the constitution of free India must be framed without outside interference by a Constituent Assembly elected on the basis of adult franchise.
- British Acknowledgment and the August Offer: The British government finally conceded to this demand in principle in 1940, in what is historically known as the ‘August Offer’. However, it was not until the Cabinet Mission Plan of 1946 that the actual framework and elections for the Constituent Assembly were formally established, bringing M.N. Roy’s 1934 vision to tangible reality.
📌 British Acts • Administration
Q.2) Which British Act designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him?
Ans > Regulating Act of 1773
- Centralization of British Power in India: The Regulating Act of 1773 marks the first step toward the centralization of administration in British India. By elevating the Governor of Bengal, Warren Hastings, to the position of ‘Governor-General of Bengal’, the British Parliament sought to rein in the largely unchecked powers of the East India Company and establish a unified command structure over the previously independent presidencies of Bombay and Madras.
- Establishment of the Executive Council: To prevent absolute autocratic rule by a single individual, the Act created an Executive Council comprising four members. The Governor-General was required to work in conjunction with this council, taking decisions by a majority vote. This administrative experiment laid the foundational blueprint for a cabinet-style executive system in India’s future governance structure.
- Creation of the Supreme Court at Calcutta: Alongside executive changes, this Act significantly impacted the judicial landscape by mandating the establishment of a Supreme Court at Fort William, Calcutta, in 1774. Sir Elijah Impey was appointed as the first Chief Justice, marking the formal beginning of a British-style centralized judicial system in the Indian subcontinent.
📌 British Acts • Administration
Q.3) Which British Act made the Governor-General of Bengal the ‘Governor-General of India’ and vested in him all civil and military powers?
Ans > Charter Act of 1833
- The Zenith of Administrative Centralization: The Charter Act of 1833 represents the final step in the centralization of British administration in India. By redesignating the Governor-General of Bengal as the ‘Governor-General of India’, the British government unified the entire territorial and administrative machinery. Lord William Bentinck became the first individual to hold this all-India title, possessing unprecedented authority over the vast subcontinent.
- Stripping of Legislative Powers from Provinces: This Act dramatically altered the legislative landscape by depriving the Governors of Bombay and Madras of their law-making powers. For the first time, a single authority—the Governor-General of India in Council—was vested with exclusive legislative powers for the entirety of British India, meaning their laws were now termed ‘Acts’ rather than mere ‘Regulations’.
- End of the East India Company’s Commercial Role: Beyond administrative changes, the Act conclusively ended the East India Company’s status as a commercial body. It was transformed into a purely administrative entity functioning on behalf of the British Crown. Furthermore, it introduced the revolutionary, though initially unsuccessful, concept of open competition for civil services selection, theoretically opening administration to Indians.
📌 British Acts • Governance
Q.4) The system of “dyarchy” (divided rule) in the provinces was introduced by which Act?
Ans > Government of India Act of 1919
- The Meaning and Mechanism of Dyarchy: ‘Dyarchy’, derived from the Greek word ‘di-arche’ meaning double rule, was an innovative governance model introduced in the provincial executives. It divided provincial administrative subjects into two distinct categories: ‘Reserved’ subjects (like police, justice, and land revenue) managed by the Governor and his executive council, and ‘Transferred’ subjects (like education, health, and local self-government) administered by the Governor with the aid of Indian ministers responsible to the legislative council.
- Montagu-Chelmsford Reforms Context: This system was the practical application of the Montagu-Chelmsford Reforms. The British introduced it as a calculated concession to Indian demands for self-rule, intending to train Indian representatives in the art of governance through the less critical ‘transferred’ subjects, while retaining ironclad British control over the essential ‘reserved’ mechanisms of state power and finance.
- Failure and Eventual Abolition: Despite its historical significance as a stepping stone toward responsible government, dyarchy was inherently flawed and deeply unpopular. The Indian ministers had responsibility without real financial power or the cooperation of the civil services. Due to widespread political opposition and practical administrative chaos, the system was eventually abolished and replaced by provincial autonomy under the subsequent Government of India Act of 1935.
📌 British Acts • Elections
Q.5) Which British Act introduced for the first time the concept of ‘separate electorates’ for Muslims, effectively legalizing communalism?
Ans > Indian Councils Act of 1909 (Morley-Minto Reforms)
- The Introduction of Separate Electorates: The Indian Councils Act of 1909 is notorious for introducing the system of ‘separate electorates’ for Muslims. Under this divisive framework, Muslim members of the legislative councils were to be elected exclusively by Muslim voters. This structural change fundamentally altered Indian politics by legally recognizing and institutionalizing religious identity as a primary basis for political representation.
- Lord Minto as the Father of Communal Electorate: Lord Minto, the Viceroy at the time, is historically recognized as the ‘Father of Communal Electorate’ in India due to his role in implementing this policy. The British presented this as a measure to protect minority rights, but Indian nationalists strongly criticized it as a deliberate “divide and rule” strategy aimed at shattering Hindu-Muslim unity and weakening the growing momentum of the national movement.
- Expansion of Legislative Councils: Beyond communal electorates, the Morley-Minto Reforms significantly increased the size of the legislative councils at both the central and provincial levels. For the first time, it allowed Indians to be associated with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha made history by becoming the first Indian to join the Viceroy’s Executive Council as the law member.
📌 National Symbols • Flag
Q.6) The Constituent Assembly adopted the National Flag of India on:
Ans > July 22, 1947
- The Pre-Independence Timing: The Constituent Assembly deliberately prioritized the adoption of the National Flag on July 22, 1947, ensuring that the newly independent nation would have an official, globally recognized emblem ready for the historic moment of independence on August 15, 1947. This swift action demonstrated the Assembly’s focus on national sovereignty and the vital psychological importance of a unifying national symbol.
- Evolution from the Swaraj Flag: The adopted design was a direct evolution of the Swaraj flag of the Indian National Congress, which originally featured a spinning wheel (Charkha) in the center. In the final design proposed to the Assembly, the Charkha was replaced by the Ashoka Chakra (the wheel of law from the Lion Capital of Ashoka) to represent historical continuity, the eternal wheel of law, and a more universally acceptable symbol of progress and dynamism.
- The Assembly Resolution by Nehru: Jawaharlal Nehru personally moved the resolution in the Constituent Assembly for the flag’s adoption. He presented two physical flags—one in khadi silk and one in khadi cotton—to the assembly. The proportions were strictly defined as a ratio of 2:3, and the three colors (Saffron for courage, White for peace and truth, and Green for fertility and growth) were deeply embedded with philosophical meaning for the new republic.
📌 National Symbols • Anthem
Q.7) The Constituent Assembly adopted the National Anthem and the National Song on:
Ans > January 24, 1950
- The Final Session of the Assembly: January 24, 1950, was a day of immense historical gravity, marking the final session of the Constituent Assembly before India officially became a Republic on January 26. On this single day, the Assembly performed several critical final tasks: they signed the physical copies of the Constitution, elected Dr. Rajendra Prasad as the first President of India, and officially adopted both the National Anthem and the National Song.
- Equal Status for Jana Gana Mana and Vande Mataram: During the proceedings, Dr. Rajendra Prasad made a formal statement declaring that “Jana Gana Mana,” composed by Rabindranath Tagore, would be the National Anthem. Simultaneously, he announced that “Vande Mataram,” penned by Bankim Chandra Chatterjee, which had played a historic role in the struggle for Indian freedom, would be honored equally and hold the exact same status as the National Anthem.
- Historical Context of the Compositions: “Jana Gana Mana” was originally composed in Bengali and first sung at the Calcutta Session of the Indian National Congress in 1911. Its adoption as the anthem was favored for its easily translatable, pluralistic, and musically adaptable nature. “Vande Mataram,” taken from the novel Anandmath (1882), was the defining war cry of the Swadeshi movement and deeply resonated with the revolutionary spirit of the freedom struggle, necessitating its equal constitutional recognition.
📌 States Reorganization • Commissions
Q.8) The Linguistic Provinces Commission appointed in June 1948 to examine the feasibility of organizing states on a linguistic basis was headed by:
Ans > S.K. Dhar
- The Demand for Linguistic Reorganization: Immediately following independence, there was a massive political push, particularly from South India, to reorganize the chaotic, colonial-era provincial boundaries along linguistic lines. To address this highly sensitive issue, Dr. Rajendra Prasad, President of the Constituent Assembly, appointed the Linguistic Provinces Commission in June 1948 to scientifically examine whether language should dictate the borders of the new states.
- Rejection of the Linguistic Rationale: Under the chairmanship of S.K. Dhar, a retired judge of the Allahabad High Court, the commission submitted its report in December 1948. In a move that disappointed many regional leaders, the commission strongly recommended the reorganization of states purely on the basis of administrative convenience, geographic contiguity, and financial self-reliance, rather than linguistic or cultural homogeneity.
- Prioritizing National Integration: The Dhar Commission reasoned that creating states based on language right after the traumatic religious partition of the country might fuel sub-nationalism and threaten the fragile unity of the newly born nation. Their report argued that the immediate priority of India was security, stability, and economic development, and that linguistic state creation would divert national energy and resources away from these existential priorities.
📌 States Reorganization • Commissions
Q.9) The JVP Committee (1948), which formally rejected language as the basis for the reorganization of states, consisted of Jawaharlal Nehru, Vallabhbhai Patel, and:
Ans > Pattabhi Sitaramayya
- Formation Amidst Widespread Protests: The publication of the S.K. Dhar Commission report in December 1948, which rejected linguistic states, triggered severe resentment and widespread protests across the country. To manage the political fallout and re-evaluate the volatile situation, the Indian National Congress quickly appointed its own high-level internal committee during its Jaipur session, completely independent of the government machinery.
- The High-Profile Composition (JVP): This committee became known by the acronym of its heavyweight members: Jawaharlal Nehru (Prime Minister), Vallabhbhai Patel (Deputy Prime Minister), and Pattabhi Sitaramayya (the then President of the Indian National Congress). The inclusion of the nation’s top three political figures highlighted the immense gravity of the linguistic reorganization issue and the threat it posed to national stability.
- Reaffirmation of the Anti-Linguistic Stance: Submitting its report in April 1949, the JVP Committee formally agreed with the Dhar Commission. They concluded that the time was not suitable for forming linguistic states, explicitly rejecting language as the sole basis for state reorganization. They warned that linguistic chauvinism could disrupt the hard-won unity of the country, though they left a small window open by stating they would respect strong, unified public demand, which eventually forced their hand in creating Andhra State in 1953.
📌 Constitutional Bodies • Attorney General
Q.10) Who was the first Attorney General for India, serving the longest tenure in the office?
Ans > M.C. Setalvad
- The Role of the Attorney General: Under Article 76 of the Indian Constitution, the Attorney General is the highest law officer in the country, acting as the chief legal advisor to the Government of India. This constitutional office requires a person qualified to be appointed as a judge of the Supreme Court, ensuring that the government receives the highest caliber of legal counsel on constitutional and international law matters.
- M.C. Setalvad’s Monumental Tenure: Motilal Cimanlal Setalvad was appointed as the first Attorney General of independent India in 1950. He holds the record for the longest tenure in this office, serving for an astonishing 13 years until 1963. His deep legal acumen was critical during the formative years of the Indian Republic, as he helped interpret the newly enacted Constitution and represented the government in several landmark, foundational legal battles.
- Contributions to Indian Jurisprudence: Beyond his role as Attorney General, Setalvad was a titan of Indian jurisprudence. He concurrently served as the first Chairman of the Bar Council of India and the first Chairman of the Law Commission of Independent India (1955-1958). His instrumental work in these positions profoundly shaped the structural evolution of the Indian legal profession and initiated crucial reforms in civil and criminal law that are still relevant today.
📌 Judiciary • Supreme Court
Q.11) Who served as the first Chief Justice of the Supreme Court of India after its inauguration in 1950?
Ans > Justice H.J. Kania
- Transition from the Federal Court: Sir Harilal Jekisundas Kania has the distinct honor of being the first Chief Justice of India. His career perfectly bridged the colonial and independent judicial eras. He originally served as the Chief Justice of the Federal Court of India, the predecessor to the Supreme Court. When the Supreme Court was inaugurated on January 28, 1950, he naturally transitioned to lead the apex court of the new Republic.
- Inauguration of the Supreme Court: The Supreme Court of India was officially established under Article 124 of the Constitution. Its inauguration in the Parliament building’s Chamber of Princes (where the Federal Court previously sat) marked the absolute independence of the Indian judiciary, finally breaking all appellate ties to the British Privy Council in London, which had been the highest court of appeal for India for over a century.
- A Tragic and Short Tenure: Despite his historic position, Chief Justice Kania’s tenure at the helm of the Supreme Court was unexpectedly brief. He served from January 1950 until he suddenly passed away from a massive heart attack while in office in November 1951. Consequently, it fell to his successors, like Justice Patanjali Sastri and Justice S.R. Das, to write the foundational constitutional judgments of the 1950s that shaped Indian democratic law.
📌 Constitutional Bodies • Election Commission
Q.12) Who was the first and only woman to serve as the Chief Election Commissioner of India (in 1990)?
Ans > V.S. Ramadevi
- A Brief but Historic Tenure: V.S. Ramadevi shattered a significant glass ceiling in Indian administration by becoming the first, and to date the only, woman to serve as the Chief Election Commissioner (CEC) of India. Her tenure, however, was exceptionally brief, lasting from November 26, 1990, to December 11, 1990. Despite its shortness, her appointment remains a vital milestone in the history of Indian constitutional bodies.
- Pioneering Roles Across Government: Ramadevi’s career was defined by pioneering achievements far beyond the Election Commission. She was the first woman to serve as the Secretary General of the Rajya Sabha. Her deep expertise in legislative drafting and legal administration made her a trusted figure in navigating complex parliamentary procedures during a volatile era of Indian coalition politics.
- Governorship and Continued Public Service: After her short stint at the Election Commission (where she was succeeded by the famously strict T.N. Seshan), she continued her high-level public service. She was appointed as the Governor of Himachal Pradesh and later served as the Governor of Karnataka. Her diverse career across the executive, legislative support, and constitutional monitoring bodies stands as a testament to her administrative brilliance and trailblazing impact on Indian governance.
📌 Judiciary • Supreme Court
Q.13) Who was the first woman judge of the Supreme Court of India?
Ans > Justice Fathima Beevi
- Breaking the Ultimate Judicial Barrier: In 1989, Justice M. Fathima Beevi created history by becoming the first woman to be appointed as a judge of the Supreme Court of India. Her elevation was a monumental breakthrough in a deeply male-dominated judiciary, occurring nearly four decades after the Supreme Court was established. She also holds the distinction of being the first Muslim woman appointed to any higher judiciary role in the nation.
- A Career Built from the Ground Up: Unlike many apex court judges whose careers begin in high courts, Justice Beevi’s journey started at the very grassroots of the legal system. She began as an advocate in Kerala in 1950 and steadily climbed the judicial ladder, serving as a Munsiff, a Subordinate Judge, a Chief Judicial Magistrate, and a District & Sessions Judge before being elevated to the Kerala High Court and eventually the Supreme Court.
- Post-Retirement Constitutional Roles: Following her retirement from the Supreme Court in 1992, Justice Fathima Beevi’s public life continued to flourish. She served as a member of the National Human Rights Commission (NHRC) and was later appointed as the Governor of Tamil Nadu in 1997. Her tenure as Governor was marked by intense political controversies, specifically her decision to swear in J. Jayalalithaa as Chief Minister despite the latter’s conviction, a decision the Supreme Court later overturned.
📌 Statutory Bodies • NHRC
Q.14) Who served as the first Chairperson of the National Human Rights Commission (NHRC) upon its establishment in 1993?
Ans > Justice Ranganath Mishra
- Establishment of the NHRC: The National Human Rights Commission (NHRC) was established on October 12, 1993, under the Protection of Human Rights Act. This statutory public body was created in response to growing domestic and international pressure regarding human rights violations in India. The Act mandates that the Chairperson of the NHRC must be a retired Chief Justice of India or a judge of the Supreme Court, ensuring high judicial authority at its helm.
- Justice Mishra’s Leadership Profile: Justice Ranganath Mishra, who had previously served as the 21st Chief Justice of India (1990-1991), was the natural choice to become the inaugural Chairperson of the NHRC. Under his leadership, the nascent commission had to establish its operational protocols, define its investigative reach, and build public trust in a deeply skeptical environment regarding state accountability for human rights abuses.
- Controversies and Post-Judicial Career: Justice Mishra’s legacy is highly complex. Prior to the NHRC, he headed the Mishra Commission investigating the 1984 anti-Sikh riots, a report heavily criticized by human rights groups for allegedly absolving top political leaders. Interestingly, after his tenure at the NHRC, he formally entered politics, a rare move for a former Chief Justice, and served as a Member of Parliament (Rajya Sabha) aligned with the Indian National Congress from 1998 to 2004.
📌 Extra-Constitutional Bodies • NITI Aayog
Q.15) Who was the first Vice-Chairperson of NITI Aayog when it was established in 2015?
Ans > Arvind Panagariya
- The Transition from Planning Commission: In 2015, the Government of India executed a major structural overhaul of its economic planning machinery by dissolving the 65-year-old Soviet-style Planning Commission and replacing it with the National Institution for Transforming India, or NITI Aayog. Unlike its predecessor which allocated central funds, NITI Aayog was designed purely as an elite policy think tank to foster cooperative federalism and provide strategic macroeconomic guidance.
- Arvind Panagariya’s Academic Pedigree: To lead this new institution, the government appointed Arvind Panagariya, a globally renowned Indian-American economist and a Professor of Economics at Columbia University, as the first Vice-Chairperson. The Prime Minister serves as the ex-officio Chairperson, making the Vice-Chairperson the de facto executive head of the organization. Panagariya’s appointment signaled a shift towards free-market economics and globalization.
- Setting the New Institutional Vision: During his tenure (2015-2017), Panagariya was instrumental in transitioning the government away from the rigid Five-Year Plans toward a more flexible framework of three-year action agendas, seven-year strategy papers, and fifteen-year vision documents. He focused heavily on privatization, agricultural reforms, and easing business regulations before stepping down to return to academia, passing the baton to Rajiv Kumar.
📌 Executive • President
Q.16) The concept of the ‘Suspensive Veto’ allows the President to return a bill for reconsideration. However, this veto cannot be exercised in the case of a:
Ans > Both A and C
- The Mechanics of the Suspensive Veto: The President of India is granted the ‘Suspensive Veto’ under Article 111 of the Constitution, which allows them to return an ordinary bill to Parliament for reconsideration. The term “suspensive” is used because this action only delays or ‘suspends’ the legislative process. If Parliament passes the exact same bill again, with or without the President’s suggested amendments, the veto is overridden, and the President is constitutionally bound to give assent.
- The Restriction on Money Bills: The President cannot exercise a suspensive veto on a Money Bill (Article 110). Because a Money Bill is introduced in the Lok Sabha solely with the prior recommendation of the President, it is considered illogical for the President to return a bill they explicitly authorized for introduction. They must either give assent or withhold assent entirely (an absolute veto, though politically practically impossible for money bills).
- The 24th Amendment and Constitutional Bills: The President has zero veto power—suspensive or absolute—over Constitutional Amendment Bills. The 24th Constitutional Amendment Act of 1971 definitively altered Article 368, stating that when a Constitutional Amendment Bill is presented to the President, “he shall give his assent.” This amendment was enacted by the Indira Gandhi government to ensure the Presidency could not block constitutional changes favored by the parliamentary majority.
📌 State Executive • Governor
Q.17) If a State Legislature passes a bill that endangers the position of the State High Court, what must the Governor do?
Ans > Reserve the bill for the consideration of the President
- The Governor’s Discretionary Power: Under Article 200 of the Indian Constitution, when a bill passed by a State Legislative Assembly is presented to the Governor, they have four options: give assent, withhold assent, return it (if it’s not a money bill), or reserve the bill for the consideration of the President. While the reservation of most bills is at the Governor’s discretion based on national interest, there is one critical mandatory exception.
- Protecting Judicial Independence: The Constitution strictly mandates that the Governor must reserve a bill for the President if its provisions would “so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.” This specific clause is a vital constitutional safeguard designed to prevent state legislatures from passing laws that undermine the independence, jurisdiction, or authority of the State’s highest judiciary.
- The President’s Absolute Power on Reserved Bills: Once a bill is reserved for the President under Article 201, the Governor drops out of the legislative process entirely. The President has absolute veto power over state bills. They can direct the Governor to return the bill to the state legislature, but unlike the central Parliament, even if the state legislature passes the bill again, the President is not bound to give assent, effectively giving the Union government a permanent veto over specific state legislation.
📌 Executive • President
Q.18) What is the maximum number of times the President can return an ordinary bill to the Parliament for reconsideration?
Ans > Once
- The Single-Use Limitation: Under the constitutional framework defined by Article 111, the President of India is permitted to exercise the suspensive veto on an ordinary bill exactly one time. When the President returns a bill to the Houses of Parliament, they usually attach a message requesting the Houses to reconsider the bill entirely or to consider introducing specific amendments proposed by the President.
- Parliamentary Override Mechanism: Once the bill is returned, the ball is entirely in Parliament’s court. If both Houses pass the bill for a second time—whether they incorporate the President’s suggested amendments or completely ignore them and pass the original text—the suspensive veto is shattered. Upon this second presentation, the Constitution emphatically states that the President “shall not withhold assent therefrom.”
- Comparison with the US Presidential Veto: This system sharply contrasts with the more powerful veto held by the President of the United States. In the US, overriding a presidential veto requires a difficult two-thirds supermajority in both the House and the Senate. In India, overriding the President’s suspensive veto requires only a simple ordinary majority in Parliament, clearly demonstrating the supremacy of the legislature over the nominal executive head in India’s parliamentary system.
📌 Constitution • Special Provisions
Q.19) Article 371I of the Constitution contains special provisions regarding the Legislative Assembly of which state?
Ans > Goa
- The Special Provisions of Part XXI: Part XXI of the Indian Constitution contains “Temporary, Transitional and Special Provisions.” Articles 371 to 371J grant special administrative frameworks, financial allocations, or specific numerical guarantees to 12 different states (predominantly in the Northeast, plus Maharashtra, Gujarat, Andhra Pradesh, Telangana, Karnataka, and Goa) to address their unique historical, cultural, or geographical circumstances.
- The Minimum Assembly Size Exception: Article 170 of the Constitution lays down a general rule that a State Legislative Assembly must consist of no more than 500 members and no less than 60 members. However, due to Goa’s small geographic size and low population density, adhering to this minimum of 60 members was deemed impractical and disproportionate when Goa transitioned from a Union Territory to full statehood in 1987.
- The Specific Guarantee of Article 371I: To resolve this demographic constraint, the 56th Constitutional Amendment Act inserted Article 371I. This article explicitly overrides the general rule of Article 170 by mandating that the Legislative Assembly of the state of Goa shall consist of not less than 30 members. Goa currently operates with a 40-member assembly, perfectly utilizing this special constitutional exception.
📌 Parliament • Procedures
Q.20) The concept of ‘Whip’ in the Indian parliamentary system is mentioned in:
Ans > None of the above
- An Unwritten British Convention: The concept of a ‘Whip’ is nowhere to be found in the text of the Constitution of India, nor is it defined in any parliamentary statute or the official Rules of Procedure of the Lok Sabha or Rajya Sabha. It is an unwritten, deeply entrenched political convention inherited directly from the British Westminster system of parliamentary democracy to ensure party discipline.
- The Role of the Chief Whip: Every political party in Parliament, whether in power or opposition, appoints a ‘Chief Whip’ (assisted by assistant whips). The Whip is essentially the party’s floor manager and enforcer. Their primary duty is to ensure that party members are physically present during crucial votes, and more importantly, that they vote strictly in accordance with the official party line, preventing internal rebellions.
- The Link to the Anti-Defection Law: While the concept of the whip is conventional, defying it carries severe legal consequences today. Under the Tenth Schedule of the Constitution (the Anti-Defection Law added by the 52nd Amendment in 1985), if a Member of Parliament or a State Legislature votes against the formal direction (the whip) issued by their political party, or voluntarily gives up party membership, they face immediate disqualification from the legislature.
📌 Judiciary • High Courts
Q.21) In India, who determines the strength (number of judges) of a High Court from time to time?
Ans > The President of India
- Flexible Strength Based on Workload: Unlike the Supreme Court of India, the Constitution does not fix a maximum number of judges for the High Courts. Article 216 simply states that every High Court shall consist of a Chief Justice and “such other Judges as the President may from time to time deem it necessary to appoint.” This grants the Union Executive immense flexibility.
- The Presidential Prerogative: The power to determine this numerical strength lies exclusively with the President of India (acting on the aid and advice of the Council of Ministers, in consultation with the Chief Justice of India). The President reviews the institution of cases, the rate of disposal, and the backlog of pending cases for each individual High Court and adjusts the authorized strength accordingly to manage the judicial workload.
- Massive Disparities Across States: Because the strength is tied to litigation volume and state population, there is a massive disparity in the size of High Courts across India. For example, the Allahabad High Court (serving Uttar Pradesh) currently has an authorized strength of over 160 judges, making it the largest High Court in the country, whereas the Sikkim High Court has an authorized strength of just 3 judges, reflecting its much smaller caseload.
📌 Judiciary • Supreme Court
Q.22) In India, who determines the strength (number of judges) of the Supreme Court?
Ans > The Parliament by law
- Parliamentary Control over the Apex Court: In stark contrast to the High Courts, the Constitution places the control over the size of the Supreme Court firmly in the hands of the legislature. Article 124(1) originally stated that the Supreme Court shall consist of a Chief Justice and “until Parliament by law prescribes a larger number, of not more than seven other Judges.”
- Historical Expansion through Legislation: As the population of India grew and litigation multiplied, the Supreme Court’s workload became unmanageable for just eight judges. Parliament has utilized its power under Article 124 multiple times to pass the Supreme Court (Number of Judges) Amendment Acts. They increased the total strength to 11 in 1956, 14 in 1960, 18 in 1977, 26 in 1986, 31 in 2009, and most recently, to the current strength of 34 in 2019.
- The Current Composition (34 Judges): As of the 2019 amendment, the maximum sanctioned strength of the Supreme Court is exactly 34 judges, comprising 1 Chief Justice of India and 33 associate justices. This strict numerical cap ensures that the apex court’s size cannot be arbitrarily inflated or manipulated by the executive without going through the formal, debated legislative process in Parliament.
📌 Judiciary • High Courts
Q.23) Under Article 222, the President can transfer a judge from one High Court to another. This transfer must be done after consulting:
Ans > The Chief Justice of India
- The Power Under Article 222: Article 222 of the Constitution empowers the President of India to transfer a judge (including the Chief Justice) from one State High Court to any other High Court within the territory of India. This power is intended to promote national integration, break local judicial monopolies, and ensure the equitable distribution of judicial talent across the country’s various legal jurisdictions.
- The Mandatory Consultation Process: The Constitution explicitly mandates that the President can only execute a transfer “after consultation with the Chief Justice of India (CJI).” In practical terms, following the landmark ‘Judges Cases’ rulings by the Supreme Court, this “consultation” is binding. The CJI’s recommendation is made in consultation with a collegium of the four senior-most judges of the Supreme Court, plus the Chief Justices of the two High Courts involved in the transfer.
- Protection Against Punitive Transfers: The power of transfer has historically been highly controversial, particularly during the 1975 Emergency when it was used as a weapon to punish independent-minded judges. To prevent executive abuse, the Supreme Court has subsequently ruled that transfers must only be made in the “public interest” for the better administration of justice, and absolutely never as a punitive measure against a sitting judge.
📌 Constitution • Fundamental Duties
Q.24) The Swaran Singh Committee (1976) originally recommended the inclusion of how many Fundamental Duties in the Constitution?
Ans > 8
- Context of the Internal Emergency: During the controversial period of the Internal Emergency (1975-1977), Prime Minister Indira Gandhi felt that the Constitution heavily emphasized the rights of citizens but largely ignored their obligations to the state. To rectify this perceived imbalance, the Congress Party set up a committee under the chairmanship of Sardar Swaran Singh in 1976 to study the necessity of formally incorporating Fundamental Duties into the Constitution.
- The Original 8 Recommendations: After intense deliberation, the Swaran Singh Committee officially recommended the inclusion of a separate chapter on fundamental duties. Interestingly, the committee specifically proposed the inclusion of exactly 8 fundamental duties. They also made radical recommendations, such as giving Parliament the power to impose penalties for the non-compliance of these duties, and stating that laws punishing such non-compliance could not be challenged in court.
- The Final 10 Duties (42nd Amendment): While the government accepted the core recommendation to add duties, it rejected the penal provisions. Through the sweeping 42nd Constitutional Amendment Act of 1976, a new Part IVA (Article 51A) was added. However, instead of the 8 duties proposed by Swaran Singh, the government drafted and incorporated 10 Fundamental Duties. (An 11th duty regarding education was later added in 2002 by the 86th Amendment).
📌 Local Government • Panchayati Raj
Q.25) Which Prime Minister’s government introduced the 73rd and 74th Constitutional Amendment Bills that finally became Acts in 1992?
Ans > P.V. Narasimha Rao
- Decades of Failed Attempts: Giving constitutional status to Panchayati Raj Institutions (rural local government) and Municipalities (urban local government) was a long and frustrating journey. Rajiv Gandhi’s government attempted it with the 64th and 65th Amendment Bills in 1989, but they were defeated in the Rajya Sabha. V.P. Singh’s government tried again in 1990, but the fall of his government led to the lapse of the bills.
- The Success Under Narasimha Rao: It was finally the minority government led by Prime Minister P.V. Narasimha Rao that successfully navigated the political minefield. In September 1991, his government introduced modified versions of the comprehensive local governance bills in the Lok Sabha. Through immense political negotiation and consensus-building, the bills successfully passed both houses of Parliament.
- The Dawn of the Third Tier of Government: The 73rd Amendment (Panchayats) came into force on April 24, 1993, and the 74th Amendment (Municipalities) came into force on June 1, 1993. These landmark acts transformed India’s democratic structure from a two-tier system (Union and States) to a true three-tier system by constitutionally mandating regular local elections, allocating dedicated funds, and reserving seats for marginalized communities and women at the absolute grassroots level.
📌 State Legislature • Bicameralism
Q.26) Which state does NOT have a Legislative Council (Vidhan Parishad)?
Ans > Madhya Pradesh
- The Concept of State Bicameralism: While the Indian Parliament is constitutionally required to be bicameral (Lok Sabha and Rajya Sabha), the states are given the choice to have either a unicameral legislature (only a Legislative Assembly/Vidhan Sabha) or a bicameral legislature (both an Assembly and a Legislative Council/Vidhan Parishad). Article 169 outlines the procedure for the creation or abolition of a State Legislative Council.
- The Exclusive List of Six States: Currently, out of the 28 states in India, only 6 states operate with a bicameral legislature. These states are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. These councils function primarily as advisory chambers of elders and experts, similar in nature to the Rajya Sabha, but with significantly less legislative power, especially regarding financial bills.
- Madhya Pradesh’s Unfulfilled Provision: Madhya Pradesh is a unique constitutional case. The Seventh Amendment Act of 1956 actually included a legal provision for the creation of a Legislative Council in Madhya Pradesh. However, the official notification required from the President to bring this specific provision into force was never issued. Consequently, despite being mentioned in older texts, Madhya Pradesh operates as a purely unicameral legislature to this day.
📌 Elections • Political Parties
Q.27) To be recognized as a “State Party”, a political party must secure what percentage of the total valid votes polled in the state at a general election to the Legislative Assembly, AND win at least two seats?
Ans > 6%
- The Role of the Election Commission: The Election Commission of India (ECI) registers political parties and classifies them as National Parties, State Parties, or Unrecognized Registered Parties based on their objective electoral performance. This classification is vital because recognized parties receive exclusive privileges, most notably the permanent allotment of a unique, reserved election symbol across the state or nation.
- The 6% Vote Share + 2 Seats Metric: To elevate from a registered party to a recognized “State Party,” the Election Symbols (Reservation and Allotment) Order outlines several alternative criteria. The most prominent and frequently achieved condition requires a party to secure a minimum of 6% of the total valid votes polled in the state during a general election to the State Legislative Assembly, and crucially, they must also win at least 2 MLA seats in that exact same assembly.
- Alternative Pathways to Recognition: If a party fails that specific metric, they can still achieve State Party status through other routes, such as: winning 3% of the total assembly seats (or a minimum of 3 seats, whichever is higher); or securing 6% of valid votes in the Lok Sabha elections from that state plus winning 1 MP seat; or independently securing an outright 8% of total valid votes in either the Assembly or Lok Sabha elections in the state without winning any seats.
📌 Elections • EVMs
Q.28) Electronic Voting Machines (EVMs) were utilized across all polling stations in the country for the first time during the General Elections (Lok Sabha) in which year?
Ans > 2004
- The Gradual Introduction of EVMs: Electronic Voting Machines (EVMs) were not adopted overnight. The technology was first experimentally used in a highly restricted manner in 1982 during a by-election in the Paravur assembly constituency of Kerala. Throughout the late 1980s and 1990s, EVMs were slowly rolled out in select constituencies across various state assembly elections to test their reliability, train polling staff, and build voter familiarity with the digital interface.
- The 2004 Lok Sabha Milestone: The true watershed moment for electoral technology in India occurred during the 14th General Elections to the Lok Sabha in 2004. For the very first time in Indian history, the Election Commission deployed over one million EVMs across all 543 parliamentary constituencies, completely replacing the archaic, cumbersome, and easily manipulated paper ballot system nationwide.
- Benefits of the Digital Transition: The nationwide shift in 2004 revolutionized Indian democracy. EVMs instantly eradicated the massive problem of ‘invalid votes’ (where a paper ballot was stamped incorrectly), drastically reduced the incidence of violent booth capturing and ballot box stuffing, saved thousands of tons of paper, and famously reduced the time required for counting votes from several tense days down to mere hours.
📌 Elections • VVPAT
Q.29) The Voter Verifiable Paper Audit Trail (VVPAT) system was deployed in all polling stations across the country for the first time during the Lok Sabha elections in which year?
Ans > 2019
- The Need for Electoral Transparency: While EVMs solved many problems, allegations of ‘EVM tampering’ began to surface from defeated political parties. To restore absolute public faith in the electoral process, the Election Commission introduced the Voter Verifiable Paper Audit Trail (VVPAT). This machine attaches to the EVM and prints a physical paper slip visible behind a glass screen for 7 seconds, allowing the voter to physically verify that their digital vote was recorded exactly as cast.
- The Phased Rollout Process: Similar to EVMs, VVPATs underwent a phased introduction. They were first used in 2013 in a by-election in the Noksen assembly constituency of Nagaland. Over the next five years, the Election Commission procured hundreds of thousands of units from Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL), slowly introducing them in various state assembly elections to stress-test the complex electromechanical printers.
- The 2019 Lok Sabha Milestone: The culmination of this transparency initiative occurred during the 17th General Elections to the Lok Sabha in 2019. In this mammoth logistical exercise, the Election Commission ensured that a VVPAT machine was attached to every single EVM used across all polling stations in the entire country, providing a 100% paper audit trail for the world’s largest democratic exercise for the very first time.
📌 Constitution • Basic Structure
Q.30) The “Basic Structure” doctrine restricts the amending power of the Parliament. According to the Supreme Court, this doctrine applies to all constitutional amendments enacted after which specific date?
Ans > April 24, 1973 (Kesavananda Bharati judgment)
- The Kesavananda Bharati Landmark Judgment: The “Basic Structure” doctrine is the most profound judicial invention in Indian constitutional history. Established by a razor-thin 7-6 majority in the historic Kesavananda Bharati v. State of Kerala case, the Supreme Court ruled that while Parliament has vast powers to amend any part of the Constitution (including Fundamental Rights), it absolutely cannot alter, destroy, or abrogate the ‘basic structure’ or core foundational framework of the Constitution (such as democracy, secularism, and judicial review).
- The Crucial Date of Delivery: The judgment for this monumental 68-day hearing was delivered on April 24, 1973. This specific date became the permanent dividing line in Indian constitutional law. It essentially signaled that the Constitution had an indestructible soul that no temporary political majority could ever tamper with.
- The Waman Rao Clarification: A massive legal confusion remained: did this new doctrine apply to amendments passed before 1973? In the 1981 Waman Rao case, the Supreme Court permanently resolved this ambiguity. The court explicitly ruled that the Basic Structure doctrine is only prospective. Therefore, any constitutional amendments enacted after April 24, 1973, are subject to extreme judicial scrutiny under this doctrine, while amendments passed prior to this date are largely protected from Basic Structure challenges.
📌 Quick Summary — Polity Set 127
- Constituent Assembly: M.N. Roy first put forward the idea of a Constituent Assembly in 1934.
- Regulating Act 1773: Designated the Governor of Bengal as ‘Governor-General of Bengal’ and created an Executive Council.
- Charter Act 1833: Made the Governor-General of Bengal the ‘Governor-General of India’, vesting all powers.
- Dyarchy: Introduced in provinces by the Government of India Act of 1919.
- Separate Electorates: Introduced for Muslims by the Indian Councils Act of 1909.
- National Flag: Adopted by the Constituent Assembly on July 22, 1947.
- National Anthem & Song: Adopted by the Constituent Assembly on January 24, 1950.
- Linguistic Provinces Commission: Appointed in June 1948 and headed by S.K. Dhar.
- JVP Committee: Consisted of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya.
- Attorney General: M.C. Setalvad served as the first and longest-serving Attorney General.
- First Chief Justice: Justice H.J. Kania served as the first Chief Justice of the Supreme Court in 1950.
- First Woman CEC: V.S. Ramadevi became the first and only woman Chief Election Commissioner in 1990.
- First Woman SC Judge: Justice Fathima Beevi became the first woman judge of the Supreme Court.
- First NHRC Chairperson: Justice Ranganath Mishra served as the first Chairperson in 1993.
- First NITI Aayog Vice-Chairperson: Arvind Panagariya was the first Vice-Chairperson in 2015.
- Suspensive Veto: Cannot be exercised by the President for Constitutional Amendment Bills and Money Bills.
- Governor’s Discretion: Must reserve a bill for the President if it endangers the State High Court’s position.
- President’s Veto: Can return an ordinary bill to the Parliament for reconsideration only once.
- Article 371I: Contains special provisions for the Legislative Assembly of Goa.
- The ‘Whip’: An unwritten political convention; it is not mentioned in the Constitution or Rules of the House.
- High Court Judges: The President of India determines the strength of a High Court from time to time.
- Supreme Court Judges: The Parliament determines the strength of the Supreme Court by law.
- Transfer of Judges: President must consult the Chief Justice of India before transferring a High Court judge.
- Fundamental Duties: Swaran Singh Committee originally recommended the inclusion of 8 Fundamental Duties.
- Panchayati Raj Acts: P.V. Narasimha Rao’s government successfully passed the 73rd and 74th Amendment Acts.
- Legislative Councils: Madhya Pradesh is a major state that does NOT have a Legislative Council.
- State Party Recognition: Requires securing 6% of valid votes and winning at least two assembly seats.
- EVMs Nationwide: Electronic Voting Machines were first used across all polling stations in the 2004 Lok Sabha elections.
- VVPAT Nationwide: VVPAT systems were deployed across all polling stations for the first time in 2019.
- Basic Structure Doctrine: Applies prospectively to constitutional amendments enacted after April 24, 1973.
Timer ⏳
20:00
Progress (0/30)
Click any card to flip and reveal the summarized answer!
Smart Review: Questions you got wrong appear here for focused study.