Polity Set 132
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📌 Polity • Elections
Q.1) Part XV of the Constitution of India deals specifically with:
Ans > Elections
- Constitutional Framework: Part XV of the Indian Constitution spans from Article 324 to Article 329. This specific section establishes the foundational framework for conducting free and fair elections, which is the bedrock of the world’s largest democracy.
- Establishment of the Election Commission: Article 324 explicitly mandates the creation of an independent Election Commission of India (ECI). The ECI is granted the ultimate authority regarding the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all major elections.
- Jurisdiction of Elections: The scope of Part XV is restricted to federal and state-level governance. It specifically covers elections to the Parliament (both Lok Sabha and Rajya Sabha), the State Legislative Assemblies and Councils, and the offices of the President and Vice-President of India.
- Separation from Local Governance: Part XV does not govern grassroots elections. The authority and framework for Panchayat and Municipality elections were added much later through Parts IX and IXA, which established separate State Election Commissions.
📌 Polity • Universal Suffrage
Q.2) Which Article establishes the principle of Universal Adult Suffrage for elections to the Lok Sabha and State Legislative Assemblies?
Ans > Article 326
- Definition of the Principle: Article 326 boldly establishes Universal Adult Suffrage, declaring that every citizen of India who is not less than 18 years of age (originally 21) is entitled to be registered as a voter. This ensures mass democratic participation regardless of class or education.
- Eradication of Discrimination: This Article works in tandem with Article 325, heavily ensuring that no person shall be ineligible for inclusion in the electoral roll on the grounds only of religion, race, caste, or sex. It abolished the British-era separate electorates.
- Grounds for Disqualification: While it grants broad voting rights, Article 326 also specifies that a person can be disqualified from voting under constitutional or legal provisions related to non-residence, unsoundness of mind, crime, or corrupt and illegal electoral practices.
- Historical Significance: Adopting Universal Adult Suffrage in 1950 was a monumental and revolutionary step. In a country that was then deeply impoverished and suffering from massive illiteracy, trusting the general populace with the vote was viewed globally as a massive democratic experiment.
📌 Polity • Amendments
Q.3) The Tarkunde Committee (1974-75) recommended lowering the voting age from 21 to 18 years. This was finally implemented by the:
Ans > 61st Amendment Act (1988)
- Role of the Tarkunde Committee: Formed by Jayaprakash Narayan, the V.M. Tarkunde Committee investigated electoral reforms in the mid-1970s. One of its most prominent recommendations was lowering the voting age to empower the youth, though it took over a decade to become constitutional law.
- Constitutional Alteration: The 61st Constitutional Amendment Act of 1988 officially amended Article 326 of the Indian Constitution. It legally reduced the minimum voting age for elections to the Lok Sabha and the Legislative Assemblies from 21 years to 18 years.
- Implementation Timeline: Although the amendment act was passed in 1988, it officially came into force on March 28, 1989. This meant the massive influx of newly eligible youth voters first participated in the 1989 general elections under Prime Minister Rajiv Gandhi.
- Demographic Impact: This amendment drastically changed the Indian electoral landscape. It added approximately 50 million new voters to the electoral rolls overnight, forcing political parties to significantly alter their manifestos and campaigns to address youth issues and employment.
📌 Polity • Electoral Acts
Q.4) Which Act provides the legal framework for the allocation of seats, delimitation of constituencies, and preparation of electoral rolls?
Ans > Representation of the People Act, 1950
- Preparatory Function: The Representation of the People Act (RPA), 1950, is primarily concerned with the groundwork that must be completed before an election can even take place. It sets up the physical and demographic structure of India’s electoral map.
- Seat Allocation Framework: This Act dictates exactly how many seats are allocated to the House of the People (Lok Sabha) and the Legislative Assemblies and Councils of the States, based on population metrics derived from the national census.
- Voter Registration Mechanics: The RPA 1950 lays down the exact procedures for the preparation, revision, and updating of electoral rolls. It defines the qualifications necessary for a person to be registered as a voter in a specific constituency.
- Delimitation Directives: The Act initially provided the President with the power to delimit (draw the boundaries of) constituencies. This process was later formalized through independent Delimitation Commissions to ensure equal population distribution across voting districts.
📌 Polity • Electoral Acts
Q.5) Which Act regulates the actual conduct of elections, qualifications/disqualifications of members, and corrupt practices?
Ans > Representation of the People Act, 1951
- Operational Execution: While the 1950 Act is about preparation, the Representation of the People Act, 1951, governs the actual mechanics of the election process. It covers everything from the notification of the election to the declaration of the final results.
- Defining Disqualifications: The Act sets stringent criteria for the qualification and disqualification of Members of Parliament and State Legislatures. It specifies that individuals convicted of certain criminal offenses, or those promoting enmity between groups, are barred from contesting.
- Regulation of Political Parties: The RPA 1951 mandates the registration of political parties with the Election Commission of India. It lays down rules regarding the collection of funds and the auditing of political party finances to maintain transparency.
- Tackling Electoral Offenses: The Act explicitly defines what constitutes a “corrupt practice”—such as bribery, undue influence, or appealing to voters on the grounds of religion or caste—and outlines severe legal penalties and election nullification procedures for such offenses.
📌 Polity • Anti-Defection
Q.6) Under the Anti-Defection Law (Tenth Schedule), a member is NOT disqualified if they leave their party due to a merger. A merger is legally recognized if it is supported by at least what fraction of the legislature party’s members?
Ans > Two-thirds
- The Original Split Provision: When the Tenth Schedule was first introduced by the 52nd Amendment in 1985, it allowed a legal exemption for a “split” in a political party if just one-third of the members broke away. This loophole was heavily exploited to bypass defection penalties.
- The 91st Amendment Correction: Recognizing the abuse of the one-third rule, Parliament passed the 91st Constitutional Amendment Act in 2003. This amendment completely deleted the provision regarding exemptions for a “split,” making defections much harder to orchestrate legally.
- The New Merger Threshold: Currently, the law states that disqualification on the ground of defection does not apply in case of a party merger. However, this merger is only valid if a massive majority—at least two-thirds of the members of the legislature party—agree to it.
- Safeguarding Stability: The requirement of a two-thirds majority ensures that only genuine, large-scale ideological realignments or party consolidations are protected, preventing individual opportunistic politicians from shifting allegiances for ministerial berths or monetary bribes.
📌 Polity • Judgments
Q.7) In the Kihoto Hollohan case (1992), the Supreme Court upheld the validity of the Anti-Defection Law but struck down the provision that:
Ans > Excluded the Speaker’s decision from judicial review
- Context of the Case: Kihoto Hollohan vs. Zachillhu And Others (1992) is a landmark constitutional law case. Petitioners challenged the Tenth Schedule, arguing it violated the basic structure of the Constitution by granting absolute, unchecked power to the Speaker of the House.
- Upholding the Law: The Supreme Court definitively ruled that the Anti-Defection Law was valid. The Court agreed that combating the political evil of unprincipled defections (“Aaya Ram Gaya Ram” culture) was necessary to maintain stable parliamentary democracy.
- Striking Down Paragraph 7: Originally, Paragraph 7 of the Tenth Schedule barred any court jurisdiction regarding the disqualification of a member. The Supreme Court struck this down, stating it severely violated the principle of judicial review, a basic feature of the Constitution.
- Role of the Speaker as Tribunal: The Court ruled that while deciding on defection petitions, the Speaker acts as a quasi-judicial tribunal. Therefore, their final decisions are legally subject to judicial review by High Courts and the Supreme Court if there is evidence of bias, mala fides, or constitutional violation.
📌 Polity • Official Language
Q.8) Part XVII of the Constitution covers the Official Language provisions. Which range of Articles does this encompass?
Ans > Articles 343 to 351
- Constitutional Segregation: Part XVII of the Constitution is entirely dedicated to defining the linguistic framework of the Indian Republic. Spanning Articles 343 to 351, it is carefully designed to balance national integration with regional linguistic pride.
- Chapter Divisions: This Part is highly organized into four distinct chapters. These chapters cover the Language of the Union, Regional Languages, the Language of the Judiciary (Supreme Court and High Courts), and Special Directives for language development.
- Eighth Schedule Connection: Part XVII operates in close conjunction with the Eighth Schedule of the Constitution. Article 344 and Article 351 directly reference the languages listed in the Eighth Schedule for the purposes of official communication and linguistic enrichment.
- The Directive for Hindi: Article 351, the final article in this part, issues a unique constitutional directive to the Union Government. It legally mandates the Union to promote the spread and development of the Hindi language so it may serve as a medium of expression for all elements of India’s composite culture.
📌 Polity • Official Language
Q.9) Article 343 declares the official language of the Union to be:
Ans > Hindi in Devanagari script
- The Core Declaration: Article 343(1) makes a definitive and foundational statement regarding the communication of the federal government. It officially declares that the official language of the Union of India shall be Hindi written in the Devanagari script.
- Rejection of Hindustani: During the Constituent Assembly debates, Mahatma Gandhi strongly advocated for “Hindustani” (a blend of Hindi and Urdu written in both scripts) as the national language. However, the assembly ultimately voted in favor of heavily Sanskritized Hindi in Devanagari.
- International Numerals: While Hindi was adopted as the text script, Article 343 specifically dictates that the form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals (1, 2, 3), not Devanagari numerals (१, २, ३).
- Not a “National” Language: It is a vital constitutional distinction that Article 343 designates Hindi as the “Official Language” (Rajbhasha) of the Union government for administrative purposes. The Indian Constitution does not designate any language, including Hindi, as the “National Language” (Rashtrabhasha).
📌 Polity • Official Language
Q.10) Originally, the Constitution provided for the use of English for all official purposes of the Union for a period of how many years from the commencement of the Constitution?
Ans > 15 years
- The Transition Compromise: Knowing that a sudden shift from British English to Hindi would paralyze the government and alienate non-Hindi speakers, the framers created Article 343(2). It acted as a linguistic shock absorber for the newly independent nation.
- The 1965 Deadline: The Constitution mandated that English would continue to be used for all official purposes of the Union for exactly 15 years from the commencement of the Constitution. Since the Constitution commenced in 1950, this deadline was set for January 26, 1965.
- Parliamentary Authority: The Constitution did not make the 15-year limit absolute. Article 343(3) explicitly empowered the Parliament to pass a law allowing the continued use of English for specified purposes even after the 15-year period expired.
- Catalyst for Anxiety: As the 1965 deadline approached, immense anxiety and political unrest began brewing in the non-Hindi speaking southern states, particularly in Madras State (now Tamil Nadu), fearing linguistic imperialism and a severe disadvantage in central government employment.
📌 Polity • Official Language Acts
Q.11) The Official Languages Act, 1963 allowed for the continued use of English in addition to Hindi for official purposes:
Ans > Indefinitely
- Preventing a Crisis: Enacted under the leadership of Prime Minister Jawaharlal Nehru, the Official Languages Act of 1963 was passed precisely to utilize the parliamentary power granted in Article 343(3) to prevent a linguistic crisis as the 1965 deadline loomed.
- The Indefinite Extension: The Act legally provided for the continued use of English, in addition to Hindi, for all official purposes of the Union and for transaction of business in Parliament, without specifying any end date, thus making its use virtually indefinite.
- The 1967 Amendment: Despite the 1963 Act, severe anti-Hindi riots broke out in Tamil Nadu in 1965. Consequently, the Act was amended in 1967 to state that English would be used until resolutions for its discontinuation were passed by the legislatures of all non-Hindi speaking states.
- Bilingual Functioning: Because of this Act, the Indian federal government operates bilingually. Key documents, resolutions, general orders, rules, administrative reports, and contracts must inherently be executed in both English and Hindi to ensure national administrative cohesion.
📌 Polity • Eighth Schedule
Q.12) How many regional languages are currently recognized in the Eighth Schedule of the Constitution?
Ans > 22
- Current Constitutional Status: As of today, the Eighth Schedule of the Indian Constitution officially recognizes exactly 22 languages. These are often referred to as scheduled languages and enjoy special status and support from the Government of India.
- The Original Baseline: When the Constitution was formally adopted in 1950, the Eighth Schedule originally contained only 14 languages (Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu, and Urdu).
- Evolution Through Amendments: The list has expanded significantly over the decades to accommodate India’s vast linguistic diversity. It grew from 14 to 22 through three specific Constitutional Amendments: the 21st (1967), the 71st (1992), and the 92nd (2003).
- Implications of Inclusion: Inclusion in the Eighth Schedule mandates the government to take measures for the language’s development. Furthermore, candidates taking the pan-India Civil Services Examination conducted by UPSC can choose to answer their papers in any of these 22 languages.
📌 Polity • Classical Languages
Q.13) In 2004, the Government of India decided to create a new category of languages known as “Classical Languages”. Which was the first language to receive this status?
Ans > Tamil
- Creation of the Category: In October 2004, the Government of India, responding to long-standing cultural demands, officially established a new linguistic classification called “Classical Languages,” designed to honor and preserve India’s most ancient and original linguistic heritage.
- Tamil’s Pioneer Status: Tamil was the very first language to be officially designated as a Classical Language. This recognition was based on its vast, independently evolved, and ancient body of Sangam literature that dates back over two millennia.
- Strict Criteria: To receive this status, the government laid down strict criteria: the language must have a recorded history of 1500-2000 years, a body of ancient literature considered a valuable heritage by generations, and an original literary tradition not borrowed from another speech community.
- Benefits of the Status: Once declared a Classical Language, the government provides major financial support. This includes setting up Centers of Excellence for studies, offering international awards for scholars, and creating professional chairs for the language in Central Universities.
📌 Polity • Classical Languages
Q.14) Which was the second language to be granted “Classical Language” status by the Government of India in 2005?
Ans > Sanskrit
- The 2005 Recognition: Following the recognition of Tamil in 2004, Sanskrit was officially declared the second Classical Language of India in 2005. It easily met all the stringent historical and literary criteria established by the Ministry of Culture.
- Ancient Indo-Aryan Roots: Sanskrit is one of the oldest Indo-European languages in the world. Its massive corpus includes foundational religious, philosophical, and scientific texts—such as the Vedas, Upanishads, and the epics Ramayana and Mahabharata—dating back over 3,000 years.
- The Mother of Many: Unlike Tamil, which belongs to the independent Dravidian language family, Sanskrit serves as the primary liturgical language of Hinduism and is the ancestral root for almost all modern Indo-Aryan languages spoken in Northern and Western India (like Hindi, Bengali, and Marathi).
- Constitutional Special Directive: Even before its Classical status, Sanskrit held a unique position. Article 351 directs the Union to develop Hindi by relying primarily on Sanskrit for its vocabulary, highlighting its foundational importance to the Indian linguistic identity.
📌 Polity • Judiciary Language
Q.15) Article 348 of the Constitution states that until Parliament provides otherwise, all proceedings in the Supreme Court and in every High Court shall be in:
Ans > English
- Judicial Consistency: Article 348(1) strictly mandates that all proceedings in the Supreme Court and in every High Court shall be conducted entirely in the English language. This ensures linguistic uniformity and precision in legal interpretations across a vastly multilingual nation.
- Scope of the Mandate: This mandate is not just for verbal arguments. It explicitly states that the authoritative texts of all Bills, Acts, ordinances, orders, rules, and regulations issued under the Constitution must be published in English.
- Governor’s Power for High Courts: While English is the default, Article 348(2) provides a caveat. The Governor of a State, with the previous consent of the President, can authorize the use of Hindi or any other official language of the State in the proceedings of that state’s High Court.
- Decrees and Judgments Exception: Even if a Governor allows a regional language for High Court proceedings, Article 348 explicitly maintains that any judgment, decree, or order passed by the High Court must still be delivered in English, or accompanied by an English translation.
📌 Polity • Amendments
Q.16) The Sindhi language was added to the Eighth Schedule by the 21st Amendment Act in 1967. Which three languages were added by the 71st Amendment Act in 1992?
Ans > Konkani, Manipuri, Nepali
- The 1992 Expansion: The 71st Constitutional Amendment Act, passed in 1992, marked the second major expansion of the Eighth Schedule. It brought the total number of constitutionally recognized scheduled languages from 15 (after Sindhi was added) up to 18.
- Konkani’s Coastal Heritage: Konkani was added to represent the linguistic identity of the Konkan coast. It is an Indo-Aryan language and serves as the official language of the state of Goa, while also being widely spoken in coastal Maharashtra and Karnataka.
- Manipuri’s Eastern Recognition: Manipuri, also known as Meitei, was added to represent the Tibeto-Burman language family. It is the primary official language of the northeastern state of Manipur and possesses a rich, distinct literary tradition and unique script.
- Nepali’s Transnational Identity: The inclusion of Nepali was significant as it recognizes a language that, while originating outside modern India, is heavily spoken by large populations of Indian citizens, particularly in the state of Sikkim and the Darjeeling district of West Bengal.
📌 Polity • Amendments
Q.17) The 92nd Amendment Act (2003) added four languages to the Eighth Schedule. They are Bodo, Dogri, Santhali, and:
Ans > Maithili
- The Largest Single Addition: The 92nd Constitutional Amendment Act of 2003 represents the largest single addition to the Eighth Schedule, incorporating four new languages at once. This brought the total list to the current number of 22 recognized languages.
- Maithili’s Cultural Heartland: Maithili is an Indo-Aryan language heavily spoken in the Mithila region of the state of Bihar, as well as in adjoining areas of Nepal. It has a rich cultural history and is deeply associated with the poetry of Vidyapati.
- Recognizing Tribal Identities: The inclusion of Santhali and Bodo was a major victory for indigenous tribal representation. Santhali represents the Austroasiatic language family spoken heavily in Jharkhand and Bengal, while Bodo represents the Sino-Tibetan family from the autonomous regions of Assam.
- Dogri’s Northern Presence: Dogri, an Indo-Aryan language, was added to represent the linguistic heritage of the Jammu region in the northern territory of Jammu and Kashmir, as well as parts of northern Himachal Pradesh and Punjab.
📌 Polity • Special Provisions
Q.18) Part XXI of the Constitution contains temporary, transitional, and special provisions. Article 371 provides special provisions for which two states?
Ans > Maharashtra and Gujarat
- The Concept of Asymmetrical Federalism: While India is a federal union, Part XXI of the Constitution allows for “asymmetrical federalism.” This means certain states are granted special constitutional arrangements to address unique historical, geographical, or socio-economic backwardness.
- The Original Article 371: Article 371 specifically empowers the President of India to grant special responsibilities to the Governors of the states of Maharashtra and Gujarat to ensure balanced regional development within those states.
- Creation of Development Boards: Under this article, the Governor is authorized to establish separate, independent development boards for historically lagging regions. In Maharashtra, these are for Vidarbha, Marathwada, and the rest of the state. In Gujarat, they are for Saurashtra, Kutch, and the rest of the state.
- Equitable Resource Allocation: The core purpose of Article 371 is to legally mandate that a working report on these boards is placed before the State Assembly annually, ensuring equitable allocation of funds for developmental expenditure and fair opportunities in technical education and state employment.
📌 Polity • Special Provisions
Q.19) Article 371A contains special provisions regarding the administration of which state?
Ans > Nagaland
- The 1960 Peace Accord: Article 371A was inserted into the Constitution by the 13th Amendment Act in 1962. It was a direct political result of a 16-point peace agreement between the Government of India and the Naga People’s Convention to end hostilities.
- Protection of Customary Law: The most crucial aspect of Article 371A is that no act of the Indian Parliament applies to Nagaland regarding the religious or social practices of the Nagas, their customary law and procedure, or the administration of civil and criminal justice based on Naga customary law, unless the State Assembly decides so.
- Ownership of Land and Resources: Unlike most other states where the federal government retains significant rights over subterranean resources, Article 371A dictates that parliamentary laws concerning the ownership and transfer of land and its resources do not apply to Nagaland without state assembly consent.
- The Tuensang District Exception: The article originally provided special administrative arrangements for the Tuensang district, placing it under the direct administration of the Governor for 10 years, ensuring its specific tribal needs were met before full integration into the state’s governance.
📌 Polity • Special Provisions
Q.20) Article 371B makes special provisions for the state of:
Ans > Assam
- Constitutional Insertion: Article 371B was introduced into the Indian Constitution through the 22nd Amendment Act in 1969. It was designed to address the complex demographic and tribal realities specific to the northeastern state of Assam.
- Creation of Legislative Committees: The core function of Article 371B is to empower the President of India to provide for the constitution and functioning of a special committee within the Assam State Legislative Assembly.
- Tribal Representation Focus: This special committee must consist of members elected to the State Assembly from the specific tribal areas of the state (as defined in the Sixth Schedule). The President can also mandate that other assembly members be included in this committee.
- Protecting Tribal Interests: The purpose of this provision is to ensure that the unique socio-economic and cultural interests of the tribal populations in Assam are rigorously reviewed and protected during the regular legislative and law-making processes of the state government.
📌 Polity • Special Provisions
Q.21) Article 371C contains special provisions regarding the administration of the Hill Areas in the state of:
Ans > Manipur
- Addressing Topographical Divides: Inserted by the 27th Amendment Act in 1971, Article 371C was crafted specifically for Manipur. The state has a distinct geographical and demographic divide: the central Imphal Valley (predominantly Meitei) and the surrounding Hill Areas (predominantly Naga and Kuki tribes).
- The Hill Areas Committee: Similar to Assam, this article empowers the President to constitute a committee within the Manipur Legislative Assembly consisting solely of members elected from the designated Hill Areas of the state.
- Special Gubernatorial Power: Article 371C grants the Governor of Manipur a special constitutional responsibility to secure the proper functioning of this Hill Areas committee, giving the Governor significant discretionary power beyond the advice of the Council of Ministers.
- Reporting to the Center: To ensure the federal government remains involved in protecting these tribal areas, the Governor is legally required to submit an annual report directly to the President of India regarding the administration of the Hill Areas in Manipur.
📌 Polity • Special Provisions
Q.22) Article 371D and 371E contain special provisions to ensure equitable opportunities and facilities for the people of:
Ans > Andhra Pradesh and Telangana
- The Six-Point Formula History: Article 371D was added by the 32nd Amendment in 1973 following massive regional agitations (the Jai Andhra movement). It was based on a “Six-Point Formula” designed to ensure equitable public employment and educational opportunities across the different regions of Andhra Pradesh.
- Presidential Orders for Equity: This article empowers the President to issue orders organizing local cadres in the state civil services and to mandate reservations in state educational institutions based on local area residency (safeguarding the “Mulki rules” concept).
- Administrative Tribunals: To handle grievances and disputes regarding public employment, Article 371D originally allowed for the creation of an Administrative Tribunal outside the jurisdiction of the State High Court, though the Supreme Court later modified the scope of this exclusion.
- Extension to Telangana: Following the bifurcation of the state in 2014, the Andhra Pradesh Reorganisation Act formally extended the application of the special provisions in Article 371D to the newly created state of Telangana as well. (Article 371E allowed Parliament to establish a Central University in Andhra Pradesh).
📌 Polity • Special Provisions
Q.23) Article 371F contains special provisions with respect to the state of:
Ans > Sikkim
- Integration into the Union: Article 371F was inserted by the 36th Amendment Act in 1975. This was a monumental amendment because it marked the formal abolition of the Chogyal monarchy and integrated Sikkim as a full-fledged 22nd state of the Indian Union.
- Assembly Size Nuance: While the Constitution mandates a minimum of 60 members for a State Assembly, Article 371F specifically allows the Sikkim Legislative Assembly to consist of not less than 30 members, accommodating its small population.
- Protection of Old Laws: To ensure a smooth transition from a kingdom to an Indian state, the article declared that all laws in force in Sikkim prior to 1975 would continue to be valid until amended or repealed by the competent legislature.
- Unique Sangha Representation: The most unique aspect of this provision is that it allows Parliament to reserve a seat in the State Assembly specifically for the “Sangha” (Buddhist monasteries), essentially allowing for religion-based political representation to protect the state’s traditional Buddhist heritage.
📌 Polity • Special Provisions
Q.24) Article 371G makes special provisions with respect to the state of:
Ans > Mizoram
- The 1986 Peace Accord: Inserted by the 53rd Amendment Act in 1986, Article 371G was the direct constitutional result of the historic Mizo Peace Accord signed between the Government of India and the Mizo National Front, ending two decades of violent insurgency.
- Parallels with Nagaland: The phrasing of Article 371G is nearly identical to Article 371A (Nagaland). It guarantees that no act of Parliament applies to Mizoram regarding Mizo religious or social practices, or their customary law and procedure.
- Safeguarding Land Rights: The article explicitly protects the traditional landholding systems of the Mizo people. It states that parliamentary laws regarding the ownership and transfer of land cannot be enforced in Mizoram unless the State Assembly passes a resolution adopting them.
- Assembly Size Minimum: Similar to other low-population northeastern states, the article provides that the Legislative Assembly of the state of Mizoram shall consist of not less than 40 members, relaxing the standard constitutional minimum of 60.
📌 Polity • Special Provisions
Q.25) Article 371H grants special responsibility to the Governor with respect to law and order in the state of:
Ans > Arunachal Pradesh
- Elevation to Statehood: Article 371H was added by the 55th Amendment Act in 1986. This constitutional amendment was necessary to facilitate the transition of Arunachal Pradesh from the status of a Union Territory to a full-fledged State of the Indian Union.
- Strategic Law and Order Powers: Arunachal Pradesh shares massive, highly sensitive borders with China and Myanmar. Due to this extreme strategic and security vulnerability, Article 371H grants the Governor special, overriding responsibilities concerning the maintenance of law and order in the state.
- Governor’s Discretion: In executing this special responsibility, the Governor is required to consult the Council of Ministers, but ultimately, the Governor can exercise their individual judgment. The Governor’s decision in these matters is final and cannot be questioned in court.
- Temporary Nature: The article specifically dictates that this special law and order power of the Governor will cease to exist if the President of India issues an order stating that it is no longer necessary. It also limits the state assembly size to a minimum of 30 members.
📌 Polity • Special Provisions
Q.26) The 98th Constitutional Amendment Act (2012) inserted Article 371J to provide special provisions for the Hyderabad-Karnataka region in the state of:
Ans > Karnataka
- Addressing Historical Inequities: Article 371J is the most recent addition to the special provisions. Inserted by the 98th Amendment in 2012, it aims to accelerate development in the historically backward Hyderabad-Karnataka region (now officially renamed Kalyana-Karnataka), which includes districts like Bidar, Gulbarga, and Raichur.
- Creation of a Development Board: The article empowers the President to order the Governor of Karnataka to establish a separate development board for this specific region, ensuring a dedicated focus on local economic growth and infrastructure improvement.
- Mandatory Fund Allocation: To prevent political neglect, the provision dictates that an equitable and fixed proportion of the state’s developmental expenditure budget must be legally allocated exclusively to the Kalyana-Karnataka region.
- Reservations in Education and Jobs: Crucially, Article 371J provides for the reservation of seats in educational and vocational training institutions within the region for students who are native to the area. It also mandates reservations in state government jobs for individuals hailing from this region, ensuring local empowerment.
📌 Polity • Reorganisation
Q.27) The state of Jammu and Kashmir was stripped of its special status under Article 370 and bifurcated into two Union Territories in which year?
Ans > 2019
- The Historic Presidential Order: On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019. This order effectively superseded the 1954 order and made all provisions of the Indian Constitution applicable to Jammu and Kashmir, neutralizing its separate constitution.
- Neutralization of Article 370: The action did not legally “delete” Article 370 from the Constitution, but rather invoked a clause within it to render its special provisions—which gave the state its own flag, penal code, and autonomy—completely inoperative.
- The Reorganisation Act: Parliament simultaneously passed the Jammu and Kashmir Reorganisation Act, 2019. This unprecedented legislation dissolved the statehood of J&K, an action never before taken against a major Indian state.
- Bifurcation into UTs: The Act formally bifurcated the former state into two separate Union Territories: the Union Territory of Jammu and Kashmir (which retains a legislative assembly) and the Union Territory of Ladakh (which is administered directly by the Center without a legislature).
📌 Polity • Amendments
Q.28) The 104th Amendment Act (2019/2020) extended the reservation of seats for SCs and STs in the Lok Sabha and State Assemblies until which year?
Ans > 2030
- The Original 10-Year Sunset Clause: When the Constitution was enacted in 1950, Article 334 provided that the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Assemblies would cease to exist after a period of 10 years (i.e., in 1960).
- Continuous Decadal Extensions: Since the socio-economic conditions requiring these reservations had not been resolved, Parliament routinely passed Constitutional Amendments every 10 years (8th, 23rd, 45th, 62nd, 79th, and 95th Amendments) to extend this deadline further and further into the future.
- The 104th Amendment Mandate: Passed in December 2019 and coming into effect in January 2020, the 104th Constitutional Amendment Act once again modified Article 334. It legally extended the reservation of seats for SCs and STs for another ten years.
- The 2030 Deadline: Because of this amendment, the political reservations for Scheduled Castes and Scheduled Tribes in the lower houses of the federal and state legislatures are now constitutionally guaranteed to remain in effect until January 25, 2030.
📌 Polity • Representation
Q.29) The 104th Amendment Act also effectively abolished the reserved representation in the Lok Sabha and State Assemblies for which community?
Ans > Anglo-Indians
- Historical Nomination Provision: Since the Constitution’s inception, Article 331 allowed the President to nominate two members of the Anglo-Indian community to the Lok Sabha if they were inadequately represented. Article 333 allowed Governors to nominate one member to their respective State Assemblies.
- Purpose of the Provision: This special protection was championed by Frank Anthony in the Constituent Assembly. It was designed to provide a political voice to the microscopic and distinct Anglo-Indian minority who were unlikely to win seats through standard democratic elections.
- The Sunset of Representation: The reservations for SCs, STs, and Anglo-Indians were all tied to the same timeline under Article 334. While the 104th Amendment Act extended the SC/ST reservations for another 10 years, it conspicuously did not extend the provision for the Anglo-Indian community.
- End of an Era: Because the extension was not granted, the constitutional provision allowing for the nomination of Anglo-Indians effectively lapsed and expired in January 2020, permanently abolishing their reserved presence in the Parliament and State Legislatures.
📌 Polity • Electoral Reforms
Q.30) The “None of the Above” (NOTA) option on Electronic Voting Machines (EVMs) was introduced in India in 2013 following a landmark directive from the:
Ans > Supreme Court of India
- The Landmark PUCL Case: The introduction of NOTA was not a legislative initiative but a result of judicial activism. It originated from a Public Interest Litigation filed by the People’s Union for Civil Liberties (PUCL) against the Union of India.
- The 2013 Supreme Court Verdict: In September 2013, a Supreme Court bench ruled that citizens have a fundamental right to “negative voting” under the broader right to freedom of speech and expression (Article 19(1)(a)). The court directed the Election Commission to provide a NOTA button on EVMs.
- Empowering the Electorate: The Court argued that introducing NOTA would force political parties to project clean candidates. If voters were dissatisfied with the entire roster of candidates, they no longer had to abstain from voting; they could physically register their rejection.
- No Electoral Veto Power: It is important to note that in the Indian electoral system, NOTA holds symbolic rather than veto power. Even if NOTA receives the maximum number of votes in a constituency, the candidate with the second-highest number of votes is declared the legally elected winner.
📌 Quick Summary — Polity Set 132
- Elections: Part XV (Articles 324-329) establishes the framework for Indian elections.
- Universal Adult Suffrage: Article 326 guarantees voting rights for citizens above 18 years.
- Voting Age: Lowered from 21 to 18 years by the 61st Amendment Act (1988).
- Electoral Preparation: RPA 1950 covers delimitation, seat allocation, and electoral rolls.
- Electoral Conduct: RPA 1951 covers actual election conduct and disqualifications.
- Anti-Defection Law: A merger is recognized only if two-thirds of the legislature party agree.
- Kihoto Hollohan (1992): Supreme Court allowed judicial review of the Speaker’s anti-defection decisions.
- Official Language Part: Part XVII covers official languages from Articles 343 to 351.
- Union Language: Article 343 declares Hindi in Devanagari script as the official language.
- English Usage: Originally permitted for 15 years post-constitution commencement.
- Official Languages Act 1963: Allowed the use of English for official purposes indefinitely.
- Eighth Schedule: Currently recognizes 22 regional languages.
- Classical Languages: Tamil was the first to receive this status in 2004.
- Second Classical Language: Sanskrit received this status in 2005.
- Judiciary Language: Article 348 states Supreme/High Court proceedings shall be in English.
- 71st Amendment (1992): Added Konkani, Manipuri, and Nepali to the Eighth Schedule.
- 92nd Amendment (2003): Added Bodo, Dogri, Santhali, and Maithili.
- Article 371: Provides special provisions for Maharashtra and Gujarat.
- Article 371A: Grants special protections to customary laws in Nagaland.
- Article 371B: Provides for a special committee for tribal areas in Assam.
- Article 371C: Provides special administrative arrangements for Hill Areas in Manipur.
- Article 371D & E: Ensures equitable opportunities for Andhra Pradesh and Telangana.
- Article 371F: Contains special provisions specifically for the state of Sikkim.
- Article 371G: Protects Mizo customary law and land rights in Mizoram.
- Article 371H: Grants the Governor special law and order responsibilities in Arunachal Pradesh.
- Article 371J: Provides special provisions for the Kalyana-Karnataka region.
- Jammu & Kashmir: Stripped of Article 370 status and bifurcated into UTs in 2019.
- SC/ST Reservations: Extended until 2030 by the 104th Amendment Act.
- Anglo-Indian Nomination: Abolished by the 104th Amendment Act in 2020.
- NOTA (2013): Introduced on EVMs following a landmark Supreme Court directive.
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