Polity Set 157 | MROY Class

Polity Set 157 Questions & Answers

The Special Officer for Linguistic Minorities (Article 350B) submits their annual reports to the President through which Union Ministry? – Ministry of Minority Affairs
The National Commission for Backward Classes (NCBC) was given constitutional status by the 102nd Amendment Act (2018). Which Article outlines the composition, mandate, and functions of the NCBC? – Article 338B
The original Constitution provided for a Special Officer for Scheduled Castes and Scheduled Tribes. This single-member framework was replaced by a multi-member National Commission for SCs and STs through which Amendment Act? – 65th Amendment Act (1990)
Under Article 280, the President constitutes the Finance Commission. Aside from the Chairman, how many other members does the Finance Commission have? – Four
Which Article makes it mandatory for the Central Government to share the net proceeds of certain Union taxes with the States based on the recommendations of the Finance Commission? – Article 270
Which Constitutional Amendment Act made it mandatory that a percentage of all central taxes and duties must be shared with the States (the Alternative Scheme of Devolution)? – 80th Amendment Act (2000)
“Cesses and Surcharges” levied by the Union Government for specific purposes are: – Not shared with the States and form part of the exclusive Union revenue
Article 282 allows both the Union and the States to make public grants for any public purpose, even if the subject is not within their legislative competence. These are known as: – Discretionary Grants
The Constitution establishes a State Finance Commission to review the financial position of Panchayats. Under which Article does the State Finance Commission also review the financial position of Municipalities? – Article 243Y
What is the minimum population required for an intermediate level Panchayat (Panchayat Samiti) to be legally mandated under the 73rd Amendment? – 20 Lakhs
Who is legally empowered to notify an area as a “Cantonment” for the purpose of establishing a Cantonment Board? – The Central Government (Ministry of Defence)
Township Committees or Port Trusts are examples of Urban Local Bodies. Port Trusts are established by: – Acts of Parliament
A “Notified Area Committee” is created for the administration of a newly developing town or an area lacking full conditions for a municipality. It is entirely: – A nominated body
In 1985, which committee recommended the revival and revitalization of the Panchayati Raj system, proposing that elections be held regularly and the District Collector should play a major role in rural development? – G.V.K. Rao Committee
Which committee’s recommendation directly led to the drafting of the 64th Constitutional Amendment Bill (1989), which aimed to constitutionalize Panchayats but was defeated in the Rajya Sabha? – L.M. Singhvi Committee
Which Article provides that a State Legislative Council (Vidhan Parishad) shall not have more than one-third of the total number of MLAs in the state, and in no case less than 40 members? – Article 171
When a State Legislative Council is created, approximately what fraction of its members are elected by local bodies like municipalities, district boards, etc.? – One-third
What fraction of the members of a State Legislative Council are nominated by the Governor from people having special knowledge in literature, science, art, cooperative movement, and social service? – One-sixth
What fraction of the members of a State Legislative Council are elected by graduates of three years’ standing residing in the state? – One-twelfth
Which Part of the Constitution outlines the properties, contracts, rights, liabilities, obligations, and suits of the Union and the States? – Part XII
Under the “Doctrine of Sovereign Immunity”, can the State be held liable for the tortious acts committed by its servants in the exercise of its “sovereign functions”? – No, the State is generally immune from liability for sovereign functions
According to Article 261, full faith and credit shall be given throughout the territory of India to public acts, records, and judicial proceedings of the Union and of every State. This is commonly known as the: – Full Faith and Credit Clause
Under Article 139, who is authorized to confer on the Supreme Court the power to issue directions, orders, or writs for purposes other than the enforcement of Fundamental Rights? – The Parliament by law
The original jurisdiction of the Supreme Court (Article 131) does NOT extend to: – A dispute arising out of any pre-Constitution treaty, agreement, or covenant
If an issue involves a substantial question of law concerning the interpretation of the Constitution, the minimum number of Supreme Court judges required to sit on the bench is: – 5
Which Constitutional Amendment abolished the original system of election tribunals and transferred the power to hear election petitions directly to the High Courts? – 19th Amendment Act (1966)
The 39th Amendment Act (1975) placed the election disputes relating to the Prime Minister and the Speaker beyond the jurisdiction of all courts. This was subsequently struck down as unconstitutional in which landmark case? – Indira Nehru Gandhi v. Raj Narain (1975)
Who regulates the conditions of service and tenure of the Chief Election Commissioner and other Election Commissioners? – The Parliament by law
What happens if there is a conflict between a rule made under the Delegated Legislation (Executive) and the parent Act passed by Parliament? – The parent Act prevails, and the rule is ultra vires
An administrative body’s decision can be struck down by the courts if it fails to follow the “Principles of Natural Justice”. What are the two core rules of Natural Justice? – Audi alteram partem (hear the other side) and Nemo judex in causa sua (no one should be a judge in their own cause)

MROY Class

Polity Set 157

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📌 Constitutional Bodies • Linguistic Minorities

Q.1) The Special Officer for Linguistic Minorities (Article 350B) submits their annual reports to the President through which Union Ministry?

Ans > Ministry of Minority Affairs

Constitutional Origins: The original Constitution drafted in 1950 did not contain any provision for a Special Officer for Linguistic Minorities. The provision was introduced based on the strong recommendations made by the States Reorganisation Commission (1953-1955), which emphasized the need for institutional safeguards for linguistic minorities after states were reorganized on linguistic lines.
The 7th Amendment Act: To implement this recommendation, the 7th Constitutional Amendment Act of 1956 inserted a new Article 350B into Part XVII of the Constitution. This Article empowers the President of India to appoint the Special Officer.
Role and Responsibilities: The primary duty of this officer is to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution. The officer acts as a watchdog to ensure that states do not discriminate against minority language speakers in education, administration, and public employment.
Administrative Shift: While the Special Officer is a constitutional authority, the administrative machinery supporting the office falls under the executive branch. Originally operating under the Ministry of Home Affairs, the nodal ministry was later shifted to the Ministry of Minority Affairs to centralize and streamline all minority welfare policies under one dedicated umbrella.

📌 Constitutional Bodies • NCBC

Q.2) The National Commission for Backward Classes (NCBC) was given constitutional status by the 102nd Amendment Act (2018). Which Article outlines the composition, mandate, and functions of the NCBC?

Ans > Article 338B

Statutory Beginnings: Prior to 2018, the National Commission for Backward Classes was merely a statutory body. It was established under the National Commission for Backward Classes Act, 1993, which was enacted as a direct consequence of the Supreme Court’s mandate in the landmark Indra Sawhney case (Mandal Commission case) of 1992.
The 102nd Amendment Act: In 2018, Parliament passed the 102nd Constitutional Amendment Act, which elevated the NCBC from a statutory entity to a full-fledged constitutional body. This was done to bring the NCBC on par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST).
Insertion of Article 338B: This amendment specifically inserted Article 338B, which details the commission’s structure—consisting of a Chairperson, Vice-Chairperson, and three other members appointed by the President. It grants the NCBC the powers of a civil court to investigate grievances and monitor safeguards for Socially and Educationally Backward Classes (SEBCs).
Associated Article 342A: The same amendment also introduced Article 342A, which centralizes the power to notify the list of SEBCs (for central government purposes) in the hands of the President, in consultation with the Governor of the respective state, mirroring the notification processes for SCs and STs.

📌 Amendments • SC/ST Commission

Q.3) The original Constitution provided for a Special Officer for Scheduled Castes and Scheduled Tribes. This single-member framework was replaced by a multi-member National Commission for SCs and STs through which Amendment Act?

Ans > 65th Amendment Act (1990)

The Original Single-Member System: Article 338 of the original Constitution provided for a “Special Officer” for the Scheduled Castes and Scheduled Tribes. This officer, designated as the Commissioner for SCs and STs, was solely responsible for investigating matters relating to constitutional safeguards provided to these marginalized communities.
Growing Need for Expansion: As time passed, policymakers and Dalit rights activists realized that a single officer lacked the institutional bandwidth and authority to effectively address the widespread atrocities and socio-economic issues facing SCs and STs across the vast geography of India. Executive resolutions in 1978 and 1987 attempted to create multi-member bodies, but they lacked constitutional backing.
Enactment of the 65th Amendment: The turning point arrived with the 65th Constitutional Amendment Act of 1990. This act formally amended Article 338, replacing the single Special Officer with a high-level, multi-member “National Commission for Scheduled Castes and Scheduled Tribes.”
Subsequent Bifurcation: The combined commission operated for over a decade. However, acknowledging that SCs and STs face distinct geographical, cultural, and socio-economic challenges, the government passed the 89th Amendment Act in 2003. This bifurcated the body into two separate constitutional entities: the NCSC (Article 338) and the NCST (Article 338A).

📌 Constitutional Bodies • Finance Commission

Q.4) Under Article 280, the President constitutes the Finance Commission. Aside from the Chairman, how many other members does the Finance Commission have?

Ans > Four

Constitutional Mandate: Article 280 of the Constitution mandates that the President of India shall constitute a Finance Commission within two years from the commencement of the Constitution and thereafter at the expiration of every fifth year, or at such earlier time as the President considers necessary. It acts as a quasi-judicial advisory body balancing the fiscal scales of federalism.
Structural Composition: The Constitution strictly dictates the size of the Commission. It explicitly states that the Finance Commission shall consist of a Chairman and four other members, making it a five-member body. All members are appointed directly by the President of India.
Qualifications Dictated by Parliament: While the Constitution fixes the number of members, it delegates the power to determine their qualifications to the Parliament. Parliament subsequently enacted the Finance Commission (Miscellaneous Provisions) Act, 1951, which outlines these requirements.
Specific Member Profiles: According to the 1951 Act, the Chairman must have experience in public affairs. The four members are selected from specific domains: a High Court judge (or someone qualified to be one), an expert in government finance and accounts, an expert in financial and administrative matters, and a specialist in economics.

📌 Centre-State Relations • Tax Devolution

Q.5) Which Article makes it mandatory for the Central Government to share the net proceeds of certain Union taxes with the States based on the recommendations of the Finance Commission?

Ans > Article 270

The Core of Fiscal Federalism: Article 270 is the most critical constitutional provision governing the vertical distribution of financial resources in India. It mandates the sharing of taxes levied and collected by the Union Government with the State Governments, forming the backbone of the “divisible pool” of taxes.
Definition of Net Proceeds: The term “net proceeds” is crucial here. As defined under Article 279, it refers to the total tax revenue collected by the Centre minus the cost of collection. The Comptroller and Auditor General (CAG) of India mathematically ascertains and strictly certifies these net proceeds, and this certification is considered final.
Role of the Finance Commission: Article 270 does not specify the exact percentage of taxes to be shared. Instead, it constitutionally binds the Centre to rely on the periodic recommendations of the Finance Commission (under Article 280) to determine both the total state share and the horizontal distribution formula among individual states.
Exclusions from the Pool: It is important to note that Article 270 explicitly excludes certain levies from this mandatory sharing mechanism. Specifically, cesses and surcharges (levied under Article 271) and any taxes specifically assigned only to the states are kept entirely out of the divisible pool, remaining exclusively with the Union.

📌 Amendments • Fiscal Federalism

Q.6) Which Constitutional Amendment Act made it mandatory that a percentage of all central taxes and duties (except surcharges and cesses) must be shared with the States (the “Alternative Scheme of Devolution”)?

Ans > 80th Amendment Act (2000)

The Pre-2000 Framework: Before the year 2000, the Indian Constitution had a complex and fragmented revenue-sharing model. Under the original Articles 270 and 272, only income tax and Union excise duties were shared with the states. Other lucrative central taxes, like corporation tax and customs duties, were kept entirely by the Union Government.
The 10th Finance Commission’s Vision: The 10th Finance Commission, chaired by K.C. Pant, radically proposed the “Alternative Scheme of Devolution.” They argued that instead of sharing only specific taxes, all central taxes should be pooled together, and a fixed percentage of this total pool should be devolved to the states, ensuring greater buoyancy in state revenues.
Enactment of the 80th Amendment: To legally implement this transformative recommendation, the Vajpayee government passed the 80th Constitutional Amendment Act in 2000. This act fundamentally rewrote Article 270 and entirely abolished Article 272.
Impact on Centre-State Relations: The amendment retrospectively came into effect from April 1, 1996. It initially set the states’ share at 29% of the total central tax receipts. This move vastly simplified the accounting process, stabilized state financial planning, and removed the Centre’s incentive to artificially manipulate tax rates between shareable and non-shareable categories.

📌 Centre-State Relations • Revenue

Q.7) “Cesses and Surcharges” levied by the Union Government for specific purposes are:

Ans > Not shared with the States and form part of the exclusive Union revenue

Constitutional Exclusivity under Article 271: Article 271 of the Constitution provides a special financial lever to the Union Government. It explicitly states that Parliament may, at any time, increase any of the duties or taxes mentioned in Articles 269 and 270 by levying a surcharge. The entirety of these proceeds forms part of the Consolidated Fund of India and is exclusively retained by the Centre.
Understanding the Terminology: A “surcharge” is essentially a tax on a tax, generally levied for general administrative revenue without a dedicated end-use. A “cess,” on the other hand, is a specialized tax collected for a specific, earmarked purpose (e.g., Health and Education Cess, Road and Infrastructure Cess) and must be spent only on that stated objective.
Point of Contention for States: Because Article 271 explicitly insulates cesses and surcharges from the divisible pool (Article 270), State Governments frequently protest against their use. States argue that when the Centre relies heavily on cesses, it artificially shrinks the divisible pool, denying states their rightful share of national revenue growth.
Increasing Reliance by the Centre: Over the last decade, there has been a significant upward trend in the Union Government’s reliance on these instruments. Data often shows that the proportion of gross tax revenue collected through cesses and surcharges has grown substantially, leading to ongoing debates within the Finance Commission regarding fiscal federalism and state financial autonomy.

📌 Centre-State Relations • Grants

Q.8) Article 282 allows both the Union and the States to make public grants for any public purpose, even if the subject is not within their legislative competence. These are known as:

Ans > Discretionary Grants

Nature of the Grants: Article 282 empowers the Union and the States to make grants for any “public purpose.” These are classified as Discretionary Grants because there is no constitutional obligation or binding mandate to issue them; the Centre or the State issues them entirely at its own administrative and political discretion.
Bypassing Legislative Competence: The most unique and powerful feature of Article 282 is that it bypasses standard legislative boundaries. It allows the Central Government to fund programs related to subjects on the State List (such as agriculture, public health, or local sanitation) even though Parliament cannot legally pass laws on those specific subjects.
Historical Dominance of the Planning Commission: For decades, Article 282 was the primary financial weapon of the erstwhile Planning Commission. While statutory grants (under Article 275) were distributed fairly through the Finance Commission, massive sums were historically distributed as discretionary grants for state plan schemes under Article 282, deeply influencing state policies.
Mechanism for Centrally Sponsored Schemes: Today, Article 282 remains highly relevant as it forms the constitutional bedrock for all Centrally Sponsored Schemes (CSS). Through this article, the Union Ministries transfer massive funds to states to implement national flagship programs like MGNREGA, PM Awas Yojana, and the National Health Mission.

📌 Local Government • Municipalities

Q.9) The Constitution establishes a State Finance Commission to review the financial position of Panchayats. Under which Article does the State Finance Commission also review the financial position of Municipalities?

Ans > Article 243Y

Origin through the 74th Amendment: The 74th Constitutional Amendment Act of 1992, which granted constitutional status to Urban Local Bodies (Municipalities), included comprehensive provisions to ensure their financial autonomy. Among these provisions was the insertion of Article 243Y to oversee municipal finances.
Shared Institutional Mechanism: The Constitution did not create two separate commissions for rural and urban bodies to avoid bureaucratic duplication. Article 243Y explicitly states that the State Finance Commission constituted under Article 243-I (which primarily deals with Panchayats) shall simultaneously review the financial position of Municipalities.
Core Mandate and Duties: Under Article 243Y, the State Finance Commission is tasked with making recommendations to the Governor regarding the principles that should govern the distribution of state tax revenues between the state and the municipalities. It also determines the taxes, duties, and tolls that municipalities can independently levy and collect.
Governor’s Role and Legislative Oversight: Once the State Finance Commission finalizes its recommendations, it submits a detailed report to the Governor of the state. The Constitution strictly mandates the Governor to lay this report, along with an explanatory memorandum detailing the actions taken by the government, before the State Legislature for transparency and debate.

📌 Local Government • Panchayati Raj

Q.10) What is the minimum population required for an intermediate level Panchayat (Panchayat Samiti) to be legally mandated under the 73rd Amendment?

Ans > 20 Lakhs

The Three-Tier Mandate: The 73rd Constitutional Amendment Act of 1992 envisioned a uniform, robust system of local self-government across rural India. To achieve this, it established a mandatory three-tier structure for Panchayati Raj Institutions: the Village level (Gram Panchayat), the Intermediate/Block level (Panchayat Samiti), and the District level (Zila Parishad).
The 20 Lakh Exemption Clause: While aiming for uniformity, constitutional drafters recognized that enforcing a three-tier system on geographically small or sparsely populated states would create severe administrative top-heaviness and unnecessary financial strain. Therefore, a specific demographic exemption was written into Article 243B.
Flexibility for Smaller States: According to Article 243B(2), any state having a population not exceeding 20 lakhs (2 million) is legally permitted to bypass the intermediate level. These states can operate efficiently with just a two-tier system—village and district levels—without violating constitutional mandates.
Beneficiary States: This pragmatic exemption directly benefits several smaller states and union territories in India. For instance, states like Goa, Sikkim, and Mizoram, which fall well below the 20-lakh population threshold, utilize this constitutional flexibility to maintain leaner and more efficient rural administration structures.

📌 Local Government • Urban Bodies

Q.11) Who is legally empowered to notify an area as a “Cantonment” for the purpose of establishing a Cantonment Board?

Ans > The Central Government (Ministry of Defence)

Unique Jurisdiction: Cantonment Boards represent a highly unique category of Urban Local Bodies in India. Unlike Municipal Corporations or Councils that are created and governed by State Government legislation, Cantonment Boards operate exclusively under the jurisdiction of the Central Government.
The Cantonments Act, 2006: The legal framework empowering this is the Cantonments Act of 2006 (which replaced the older 1924 act). Section 3 of this Act explicitly vests the power to declare any place or area housing military forces as a “Cantonment” solely in the Central Government (acting through the Ministry of Defence).
Hybrid Composition: Once notified, a Cantonment Board is established to provide civic amenities to the civilian population living alongside military personnel. The board features a hybrid democratic-military structure: it comprises elected civilian members, but the General Officer Commanding (GOC) or Station Commander always serves as the ex-officio President of the Board.
Current Excision Policy: In recent years, the Ministry of Defence has initiated a massive restructuring drive regarding Cantonments. Recognizing that civilian areas within Cantonments often suffer from restricted development and dual control, the Central Government is actively de-notifying and “excising” civilian pockets from Cantonments to merge them with neighboring State Municipalities.

📌 Local Government • Port Trusts

Q.12) Township Committees or Port Trusts are examples of Urban Local Bodies. Port Trusts are established by:

Ans > Acts of Parliament

Specialized Urban Administration: Port Trusts are highly specialized forms of urban local government. Unlike standard municipalities designed for general civilian administration, Port Trusts are created specifically to manage the complex infrastructure of large maritime ports and to provide essential civic amenities to port workers and residents within the port estate.
Central Legislative Authority: Major ports in India fall under the Union List of the Seventh Schedule. Consequently, Port Trusts are established exclusively through Acts passed by the Parliament of India, not by State Legislatures. Historically, they were governed by the Major Port Trusts Act, 1963.
Transition to Port Authorities: It is important to note a recent major shift in legislative framework. In 2021, Parliament passed the Major Port Authorities Act, which replaced the 1963 Act. This new legislation transformed the traditional “Port Trusts” into “Port Authorities,” granting them significantly greater autonomy to compete with private corporate ports.
Composition and Control: A Port Trust (or Authority) does not hold democratic local elections like a municipality. It is an entirely nominated body. The Central Government appoints a Board of Trustees, which includes a Chairman, officials from the Coast Guard and Navy, and representatives from maritime trade, shipping industries, and organized port labor unions.

📌 Local Government • Urban Bodies

Q.13) A “Notified Area Committee” is created for the administration of a newly developing town or an area lacking full conditions for a municipality. It is entirely:

Ans > A nominated body

Purpose of Creation: A Notified Area Committee (NAC) is an ad-hoc administrative mechanism used by State Governments. It is typically established for rapidly industrializing towns that have not yet met all the demographic or revenue conditions required to be legally upgraded to a full-fledged Municipality, or for areas where new large-scale development requires immediate civic management.
Origin of the Name: It is called a “Notified” Area Committee because it is not created under a specific comprehensive statute passed by the legislature. Instead, it is brought into existence simply by a notification published by the State Government in the official government gazette.
Lack of Democratic Representation: Unlike Municipal Councils or Panchayats, which are founded on democratic elections, an NAC is an entirely unrepresentative body. The State Government holds the absolute power to nominate all of its members, including the Chairman, making it highly dependent on state executive control.
Restricted Statutory Powers: An NAC does not possess the broad, inherent powers of a municipality. It can only exercise those specific powers and provisions of the State Municipal Act that the State Government explicitly delegates to it via the founding gazette notification.

📌 Committees • Panchayati Raj

Q.14) In 1985, which committee recommended the revival and revitalization of the Panchayati Raj system, proposing that elections be held regularly and the District Collector should play a major role in rural development?

Ans > G.V.K. Rao Committee

Context of Formation: By the mid-1980s, India’s rural development programs were suffering from heavy bureaucratic delays and a lack of local participation. Recognizing this, the Planning Commission of India appointed the G.V.K. Rao Committee in 1985 to review the existing administrative arrangements for Rural Development and Poverty Alleviation Programmes.
The “Grass Without Roots” Diagnosis: The committee made a scathing observation regarding the state of local governance. It concluded that the development administration had become excessively bureaucratized and completely isolated from the local populace, famously coining the phrase that Panchayati Raj institutions had become “grass without roots.”
Elevating the District Level: A hallmark recommendation of the G.V.K. Rao Committee was shifting the primary focus of planning away from the state capital to the district level. It strongly advocated making the Zila Parishad the pivotal, most powerful body in the entire scheme of democratic decentralization.
Role of the Bureaucracy: Unlike later committees that sought to reduce bureaucratic interference, the G.V.K. Rao committee proposed institutionalizing it efficiently. It recommended the creation of a powerful new post—the District Development Commissioner (DDC)—who would act as the Chief Executive Officer of the Zila Parishad and take charge of all development departments in the district.

📌 Committees • Panchayati Raj

Q.15) Which committee’s recommendation directly led to the drafting of the 64th Constitutional Amendment Bill (1989), which aimed to constitutionalize Panchayats but was defeated in the Rajya Sabha?

Ans > L.M. Singhvi Committee

Mandate from the Rajiv Gandhi Government: In 1986, the Rajiv Gandhi government, seeking to bypass state-level political blockades against local governance, appointed a committee headed by the eminent jurist L.M. Singhvi. The explicit mandate was to prepare a concept paper on the “Revitalisation of Panchayati Raj Institutions for Democracy and Development.”
The Core Recommendation: The L.M. Singhvi Committee’s most historic and transformative contribution was its unequivocal demand that Panchayati Raj Institutions must be constitutionally recognized, protected, and preserved. It argued that statutory laws passed by states were insufficient and easily bypassed by state governments.
Financial and Judicial Innovations: Beyond constitutional status, the committee strongly recommended that Panchayats should be endowed with independent financial resources to ensure their viability. Furthermore, it advocated for the establishment of “Nyaya Panchayats” for a cluster of villages to handle rural judicial disputes locally and amicably.
The Legislative Journey: Acting directly on Singhvi’s recommendations, the Rajiv Gandhi government introduced the 64th Constitutional Amendment Bill in 1989. While it successfully passed in the Lok Sabha, it faced severe opposition in the Rajya Sabha from regional parties who viewed it as a central encroachment on state powers, leading to its defeat. It eventually took the 73rd Amendment in 1992 to fulfill the Singhvi vision.

📌 State Legislature • Legislative Council

Q.16) Which Article provides that a State Legislative Council (Vidhan Parishad) shall not have more than one-third of the total number of MLAs in the state, and in no case less than 40 members?

Ans > Article 171

Regulating Bicameralism: Article 171 of the Constitution establishes the strict mathematical parameters for the composition of Legislative Councils (Vidhan Parishads) in states that choose to adopt a bicameral legislature. Currently, only six Indian states operate with a Legislative Council.
The Maximum Limit Rationale: The Constitution dictates that the maximum strength of a Legislative Council cannot exceed one-third of the total strength of the Legislative Assembly (Vidhan Sabha) of that state. This upper cap is purposefully designed to ensure that the directly elected Assembly always maintains absolute numerical and political dominance over the indirectly elected Council.
The Minimum Limit Rationale: Conversely, Article 171 establishes a strict minimum floor of 40 members. This ensures that the Council is large enough to function as a viable, diverse legislative chamber capable of meaningful debate, preventing states with very small Assemblies from creating functionally useless micro-Councils.
The Historical Exception: For decades, the state of Jammu and Kashmir was the sole exception to this rule. Under its special status and separate constitution, the J&K Legislative Council operated with only 36 members. However, this anomaly was erased when the state was reorganized into Union Territories in 2019, simultaneously abolishing its Legislative Council.

📌 State Legislature • Elections

Q.17) When a State Legislative Council is created, approximately what fraction of its members are elected by local bodies like municipalities, district boards, etc.?

Ans > One-third

Complex Electoral College: The composition of a State Legislative Council, governed by Article 171, is intentionally fractured across multiple distinct electoral colleges to ensure a diverse blend of regional, educational, and grassroots representation rather than a uniform direct election.
Empowering Grassroots Democracy: Exactly one-third of the total members of the Council are elected by a specific electorate consisting solely of members of local self-government bodies. This primarily includes elected members of Municipalities, District Boards (Zila Parishads), and other local authorities as specified by Parliament.
Method of Election: These elections do not use the First-Past-The-Post system seen in standard Lok Sabha or Assembly elections. Instead, they are conducted in accordance with the system of proportional representation by means of the single transferable vote, ensuring fair representation of different political factions within the local bodies.
Purpose of Local Representation: Reserving a massive one-third bloc for local bodies forces state-level politicians to remain directly accountable to grassroots leaders. It ensures that the concerns of mayors, municipal councilors, and village heads are permanently voiced in the upper house of the state legislature.

📌 State Legislature • Nominations

Q.18) What fraction of the members of a State Legislative Council are nominated by the Governor from people having special knowledge in literature, science, art, cooperative movement, and social service?

Ans > One-sixth

The Governor’s Discretionary Quota: After all the various elections by local bodies, teachers, graduates, and MLAs are concluded, Article 171(3)(e) reserves the final fraction of the Legislative Council for executive nomination. Exactly one-sixth of the total members are directly nominated by the Governor of the state.
Criteria for Nomination: The Constitution explicitly defines the domains from which these individuals must be drawn. The Governor must select persons having special knowledge or practical experience in fields such as Literature, Science, Art, and Social Service.
The “Cooperative Movement” Addition: A unique constitutional distinction exists here between the President and the Governor. While the President nominates members to the Rajya Sabha from four categories (Art, Literature, Science, Social Service), the Governor’s list includes a crucial fifth category: the “Cooperative Movement,” highlighting the vital role cooperatives play in state agrarian economies.
Judicial Review and Political Usage: While intended to bring apolitical domain experts into the legislative process, this quota is frequently utilized by state governments to accommodate political loyalists who lost direct elections. Courts generally maintain a hands-off approach regarding these nominations, treating the Governor’s satisfaction (acting on cabinet advice) as largely beyond judicial review.

📌 State Legislature • Elections

Q.19) What fraction of the members of a State Legislative Council are elected by graduates of three years’ standing residing in the state?

Ans > One-twelfth

The Educational Constituencies: To inject an educated, intellectual perspective into state lawmaking, Article 171 carves out two specialized micro-constituencies. One-twelfth of the members are elected by graduates, and an identical one-twelfth fraction is elected by teachers operating within the state.
Qualifications for Graduate Voters: The right to vote in the Graduates’ Constituency is not automatic upon receiving a degree. The Constitution stipulates that a voter must have been a graduate of a university in the territory of India for at least three years, and they must be ordinarily residing within the boundaries of the specific state conducting the election.
Registration Mechanisms: Unlike the general electoral roll which registers citizens automatically upon turning 18, the electoral roll for the Graduates’ Constituency requires proactive registration. Eligible graduates must manually submit proof of their degree and residency to the Election Commission during specified voter registration drives.
Political Mobilization: Because these constituencies are geographically massive—often spanning multiple districts or entire state regions—they require significant organizational effort. Political parties heavily mobilize their student wings and educated cadres to ensure high voter registration, viewing these seats as vital indicators of urban, educated public opinion.

📌 Constitution Parts • Finance & Property

Q.20) Which Part of the Constitution outlines the properties, contracts, rights, liabilities, obligations, and suits of the Union and the States?

Ans > Part XII

Scope of Part XII: Part XII of the Indian Constitution, broadly titled “Finance, Property, Contracts and Suits,” is the foundational legal framework governing the economic and legal personality of the Indian State. It spans from Article 264 through Article 300A.
Core Subject Matter: The bulk of this Part is dedicated to regulating Centre-State financial relations, including the distribution of tax revenues, the mechanisms of the Finance Commission, and the rules governing borrowing by the Union and the States. It essentially dictates how the government earns, shares, and spends its money.
Legal Personality of the State: Crucially, Chapter III of Part XII (Articles 294 to 300) establishes the legal personality of the Government of India and the State Governments. It outlines how the government inherits property, enters into commercial contracts, acquires assets, and importantly, how it can sue or be sued in a court of law as a distinct legal entity.
The Right to Property: Part XII is also famous for housing Article 300A. Following the 44th Amendment Act in 1978, which removed the Right to Property from the list of Fundamental Rights (Part III), it was relocated to Part XII. Article 300A now guarantees that no person shall be deprived of their property save by authority of law, reducing it to a constitutional right rather than a fundamental one.

📌 Constitutional Law • Liability of State

Q.21) Under the “Doctrine of Sovereign Immunity” (inherited from British common law), can the State be held liable for the tortious acts (wrongs) committed by its servants in the exercise of its “sovereign functions”?

Ans > No, the State is generally immune from liability for sovereign functions

Colonial Legal Origins: The Doctrine of Sovereign Immunity stems directly from the ancient British common law maxim that “The King can do no wrong.” During the colonial era, the East India Company, and later the British Crown, successfully argued that the state could not be sued for damages resulting from its core governmental actions.
Article 300 Framework: Article 300 of the Indian Constitution declares that the Union of India and state governments can sue and be sued. However, it links the extent of this liability to the historical liability of the pre-independence governments, effectively bringing the British doctrine into modern Indian jurisprudence.
The Sovereign vs. Non-Sovereign Test: In the landmark Kasturilal case (1965), the Supreme Court cemented a strict dichotomy. It ruled that the State is immune from tort liability (paying damages) if its employees commit wrongs while performing “sovereign functions” (like defense, policing, maintaining law and order, and administration of justice). It is only liable for “non-sovereign” or commercial functions (like running railways or transport services).
Modern Judicial Erosion: Over recent decades, the Supreme Court has significantly diluted this draconian doctrine, especially through the lens of Article 21 (Right to Life). In cases like Nilabati Behera (custodial death), the Court ruled that sovereign immunity cannot be claimed as a defense when the state violently violates a citizen’s fundamental rights, mandating strict constitutional compensation.

📌 Federalism • Inter-State Relations

Q.22) According to Article 261, full faith and credit shall be given throughout the territory of India to public acts, records, and judicial proceedings of the Union and of every State. This is commonly known as the:

Ans > Full Faith and Credit Clause

Borrowing from the US Constitution: The “Full Faith and Credit Clause” in Article 261 of the Indian Constitution is heavily inspired by a nearly identical clause found in Article IV of the United States Constitution. It is a critical mechanism designed to prevent legal fragmentation in a federal structure with multiple states.
Ensuring Legal Unity: The primary objective of this clause is to ensure nationwide legal unity. It dictates that official public acts, government records, and validly delivered judicial decisions of one state must be respected and recognized as legally valid by all other states and the Union government.
Preventing Evasion of Justice: Without this clause, a person who loses a civil lawsuit and is ordered to pay damages in Maharashtra could simply move their assets to Gujarat to evade the judgment. Article 261 ensures that final civil judgments delivered in one state are easily executable anywhere within the territory of India.
Exception for Penal Laws: It is a vital principle of Indian jurisprudence that the Full Faith and Credit Clause applies primarily to civil matters and civil decrees. It does not strictly apply to penal (criminal) laws. One state cannot enforce the criminal statutes or collect criminal fines generated by another state’s legislature.

📌 Judiciary • Supreme Court

Q.23) Under Article 139, who is authorized to confer on the Supreme Court the power to issue directions, orders, or writs for purposes other than the enforcement of Fundamental Rights?

Ans > The Parliament by law

The Existing Constitutional Disparity: Under the current constitutional design, High Courts actually have broader writ jurisdictions than the Supreme Court. Under Article 32, the Supreme Court can issue writs (Habeas Corpus, Mandamus, Certiorari, etc.) only for the enforcement of Fundamental Rights. In contrast, Article 226 allows High Courts to issue writs for Fundamental Rights and “for any other purpose” (ordinary legal rights).
The Enabling Provision (Article 139): The drafters of the Constitution recognized this limitation on the apex court. Therefore, they included Article 139 as an enabling provision. It explicitly empowers the Parliament of India to pass a law extending the Supreme Court’s jurisdiction to issue writs for any purpose other than Fundamental Rights.
Parliamentary Inaction: Despite possessing this explicit constitutional authority since 1950, Parliament has deliberately chosen not to exercise it. To date, no law has been passed under Article 139. Parliament intends to prevent the Supreme Court from being paralyzed by millions of ordinary civil and administrative writ petitions, which are best handled by High Courts.
Protecting the Apex Court’s Bandwidth: If Parliament were to activate Article 139, citizens could bypass High Courts entirely and approach the Supreme Court directly for standard legal disputes (like contract violations or property disputes) using writ petitions, which would instantly collapse the Supreme Court’s operational bandwidth.

📌 Judiciary • Supreme Court

Q.24) The original jurisdiction of the Supreme Court (Article 131) does NOT extend to:

Ans > A dispute arising out of any pre-Constitution treaty, agreement, or covenant

Role as a Federal Court: Article 131 establishes the Supreme Court of India as the ultimate federal arbiter. “Original jurisdiction” means that these high-stakes disputes do not have to climb the judicial ladder through lower courts; they begin directly in the Supreme Court.
Scope of Included Disputes: The jurisdiction specifically covers legal battles concerning the existence or extent of a legal right between the heavyweights of the Indian federation: The Union Government versus one or more states, or disputes entirely between two or more rival states.
The Pre-Constitution Treaty Exception: The Constitution explicitly carves out several exceptions to this jurisdiction. The most prominent is that the Supreme Court cannot hear disputes arising from treaties, covenants, or agreements executed by the British Crown or Indian Princely States before the commencement of the Constitution.
Other Notable Exclusions: Besides pre-constitution treaties, Article 131 also explicitly excludes inter-state water disputes (which are handled by special tribunals under Article 262) and ordinary commercial or contractual disputes between the Centre and a State (which are treated as normal civil suits).

📌 Judiciary • Supreme Court

Q.25) If an issue involves a substantial question of law concerning the interpretation of the Constitution, the minimum number of Supreme Court judges required to sit on the bench is:

Ans > 5

The Article 145(3) Mandate: The Constitution of India leaves very little to chance regarding major interpretive rulings. Article 145(3) explicitly dictates that any case involving a “substantial question of law as to the interpretation of this Constitution” must be decided by a bench consisting of no less than five judges.
Presidential References: The same minimum five-judge requirement strictly applies whenever the President of India seeks the Supreme Court’s advisory opinion on critical matters of public importance under Article 143 (Advisory Jurisdiction).
Creating Binding Precedent: A Constitution Bench ensures that deeply consequential rulings, which affect the entire legal framework of the nation, are made with diverse judicial perspectives and not by the narrow margins of a standard two or three-judge division bench. The ruling of a Constitution Bench binds all lower benches of the Supreme Court.
Historic Large Benches: While five is the mandatory minimum, the Chief Justice of India routinely forms larger benches (7, 9, 11, or 13 judges) to overturn previous Constitution Bench judgments. The largest in history was the 13-judge bench in the Kesavananda Bharati case (1973), which famously established the Basic Structure Doctrine by a razor-thin 7-6 majority.

📌 Amendments • Elections

Q.26) Which Constitutional Amendment abolished the original system of election tribunals and transferred the power to hear election petitions directly to the High Courts?

Ans > 19th Amendment Act (1966)

The Original Tribunal System: Under the original framework of the Representation of the People Act, 1951, all disputes and petitions challenging the validity of elections to Parliament or State Legislatures were handled by specially constituted, ad-hoc Election Tribunals.
Inefficiency and Delays: The tribunal system proved to be disastrously slow and highly inefficient. Because tribunal decisions could subsequently be appealed to the High Courts and then to the Supreme Court, electoral disputes dragged on for years, often remaining unresolved until the term of the disputed legislature had already expired.
Enactment of the 19th Amendment: Recognizing this failure, Parliament enacted the 19th Constitutional Amendment Act in 1966. This amendment specifically modified Article 324 (which deals with the Election Commission) and fundamentally altered the electoral adjudication process.
Direct High Court Jurisdiction: The amendment completely abolished the system of Election Tribunals. It mandated that moving forward, all election petitions challenging an electoral outcome must be filed directly before the respective State High Court, thereby streamlining the process and ensuring high-level judicial scrutiny from the outset.

📌 Judiciary • Landmark Cases

Q.27) The 39th Amendment Act (1975) placed the election disputes relating to the Prime Minister and the Speaker beyond the jurisdiction of all courts. This was subsequently struck down as unconstitutional in which landmark case?

Ans > Indira Nehru Gandhi v. Raj Narain (1975)

The Political Catalyst: In June 1975, the Allahabad High Court found Prime Minister Indira Gandhi guilty of electoral malpractices and voided her election from the Rae Bareli constituency. In response, a national Emergency was declared, and Parliament hastily rushed the 39th Constitutional Amendment Act.
The Draconian Clause: The 39th Amendment inserted Article 329A, which placed the elections of the Prime Minister and the Lok Sabha Speaker completely beyond the purview of any court in India, including the Supreme Court. It dictated that such disputes could only be decided by an alternative authority established by Parliament.
The Supreme Court’s Review: In the landmark case of Indira Nehru Gandhi v. Raj Narain, the Supreme Court subjected this amendment to severe judicial scrutiny. The Court applied the recently developed “Basic Structure Doctrine” from the 1973 Kesavananda Bharati case.
Striking Down the Amendment: The Supreme Court boldly struck down the restrictive clause of the 39th Amendment. The Court ruled that “free and fair elections” and “judicial review” are foundational, unalterable pillars of the Constitution’s basic structure, and Parliament cannot strip the judiciary of its power to adjudicate electoral disputes, even for the Prime Minister.

📌 Constitutional Bodies • Election Commission

Q.28) Who regulates the conditions of service and tenure of the Chief Election Commissioner and other Election Commissioners?

Ans > The Parliament by law

Constitutional Delegation: Article 324 of the Constitution establishes the Election Commission, but it intentionally refrains from rigidly fixing the salaries, tenures, and service conditions of the Commissioners. Instead, Article 324(5) explicitly delegates this authority to the Parliament, allowing it to define these conditions “by law.”
The 1991 Legislative Framework: For decades, Parliament managed this via the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. This landmark act elevated the status of the Election Commissioners, legally equating their salaries and service conditions to those of sitting Supreme Court judges, thereby securing their independence.
Recent Legislative Overhaul: In late 2023, Parliament enacted a major overhaul by passing the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which fully repealed the older 1991 Act.
Controversy and Final Status: The 2023 bill initially caused a massive uproar because a draft version proposed downgrading the Commissioners’ status to match that of a Cabinet Secretary. Following severe political backlash, the government amended the final Act to ensure their salary, status, and service conditions remain exactly equivalent to a Supreme Court judge.

📌 Administrative Law • Delegated Legislation

Q.29) What happens if there is a conflict between a rule made under the Delegated Legislation (Executive) and the parent Act passed by Parliament?

Ans > The parent Act prevails, and the rule is ultra vires

The Necessity of Delegated Legislation: Parliament cannot possibly draft every microscopic detail of modern governance. Therefore, it routinely passes a broad “Parent Act” outlining major policy goals and explicitly delegates the power to make technical rules and regulations to the Executive branch (ministries and civil servants) to implement the law on the ground.
The Subordinate Nature of Rules: It is a fundamental tenet of administrative law that delegated legislation is strictly subordinate in nature. Executive bodies do not possess inherent lawmaking power; they only borrow it. Therefore, any rule they draft must remain entirely within the boundaries drawn by the Parliamentary Parent Act.
The Doctrine of Ultra Vires: If a ministry drafts a rule that contradicts the main Act, or tries to expand its own powers beyond what Parliament authorized, the courts will invoke the doctrine of Ultra Vires (Latin for “beyond the powers”).
Judicial Remedy: Once a court declares an executive rule or notification ultra vires, that specific rule is struck down as illegal and legally void ab initio (from the beginning). The Parent Act, being the supreme legislative will of Parliament, always prevails over executive overreach.

📌 Administrative Law • Natural Justice

Q.30) An administrative body’s decision can be struck down by the courts if it fails to follow the “Principles of Natural Justice”. What are the two core rules of Natural Justice?

Ans > Audi alteram partem and Nemo judex in causa sua

Unwritten Constitutional Pillars: The Principles of Natural Justice are not explicitly codified or written in any single Article of the Indian Constitution. However, the Supreme Court has repeatedly ruled that they are implicitly deeply embedded within Article 14 (Right to Equality/Non-arbitrariness) and Article 21 (Right to Life and Personal Liberty).
Audi Alteram Partem (The Rule of Fair Hearing): This Latin maxim translates directly to “hear the other side.” It is the cornerstone of fairness, dictating that no person or entity shall be penalized, condemned, or deprived of their rights without first being given adequate notice and a fair, reasonable opportunity to defend themselves.
Nemo Judex in Causa Sua (The Rule Against Bias): This principle translates to “no one should be a judge in their own cause.” It guarantees that any person or authority making a judicial or administrative decision must be completely impartial. If an adjudicator has any financial, personal, or departmental bias in the dispute, the proceedings are legally corrupted.
Application to Administrative Bodies: Traditionally, these rules applied only to strict courts of law. However, modern Indian jurisprudence actively enforces these maxims on all administrative and quasi-judicial bodies (like tribunals, licensing authorities, and disciplinary committees). If an IAS officer cancels a business license without issuing a show-cause notice or hearing the business owner, the decision will be swiftly struck down by a High Court for violating natural justice.

📌 Quick Summary — Polity Set 157

Linguistic Minorities: Special Officer reports via the Ministry of Minority Affairs.
NCBC: Constitutional status granted via Article 338B (102nd Amendment).
SC/ST Commission: Became a multi-member body via the 65th Amendment.
Finance Commission: Comprises a Chairman and four other members.
Article 270: Mandates the sharing of net proceeds of Union taxes with States.
80th Amendment: Introduced the Alternative Scheme of Devolution for sharing all central taxes.
Cesses & Surcharges: Form exclusive Union revenue and are not shared with States.
Discretionary Grants: Permitted under Article 282 for any public purpose regardless of legislative competence.
Municipal Finance: Reviewed by the State Finance Commission under Article 243Y.
Intermediate Panchayat: Optional for states with a population under 20 Lakhs.
Cantonment Boards: Established and governed by the Central Government (Ministry of Defence).
Port Trusts: Highly specialized bodies established directly by Acts of Parliament.
Notified Area Committee: An entirely nominated body lacking democratic elections.
G.V.K. Rao Committee: Coined “grass without roots” and elevated the District Collector’s role.
L.M. Singhvi Committee: Recommended constitutional recognition for Panchayati Raj.
Legislative Council Size: Capped at one-third of the Assembly strength (minimum 40).
SLC Local Body Quota: One-third of members are elected by local bodies.
SLC Governor Quota: One-sixth of members are nominated by the Governor.
SLC Graduates Quota: One-twelfth of members are elected by graduates.
Part XII: Outlines Finance, Property, Contracts, and Suits of the Union and States.
Sovereign Immunity: State is immune from tort liability for its core sovereign functions.
Article 261: The Full Faith and Credit Clause ensuring nationwide legal unity.
Article 139: Parliament can expand Supreme Court writ jurisdiction for non-Fundamental Rights.
SC Original Jurisdiction: Excludes disputes arising from pre-Constitution treaties or agreements.
Constitution Bench: Requires a minimum of 5 Supreme Court judges.
19th Amendment: Abolished election tribunals, shifting power directly to High Courts.
39th Amendment: Struck down in Indira Gandhi v. Raj Narain as it violated basic structure.
Election Commissioners: Service conditions are regulated by Parliament by law.
Ultra Vires: A parent Act always prevails over conflicting delegated executive rules.
Natural Justice: Core rules are Audi alteram partem (fair hearing) and Nemo judex in causa sua (no bias).

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Polity Set 157

Q.1) The Special Officer for Linguistic Minorities (Article 350B) submits their annual reports to the President through which Union Ministry?

Q.2) The National Commission for Backward Classes (NCBC) was given constitutional status by the 102nd Amendment Act (2018). Which Article outlines the composition, mandate, and functions of the NCBC?

Q.3) The original Constitution provided for a Special Officer for Scheduled Castes and Scheduled Tribes. This single-member framework was replaced by a multi-member National Commission for SCs and STs through which Amendment Act?

Q.4) Under Article 280, the President constitutes the Finance Commission. Aside from the Chairman, how many other members does the Finance Commission have?

Q.5) Which Article makes it mandatory for the Central Government to share the net proceeds of certain Union taxes with the States based on the recommendations of the Finance Commission?

Q.6) Which Constitutional Amendment Act made it mandatory that a percentage of all central taxes and duties (except surcharges and cesses) must be shared with the States (the “Alternative Scheme of Devolution”)?

Q.7) “Cesses and Surcharges” levied by the Union Government for specific purposes are:

Q.8) Article 282 allows both the Union and the States to make public grants for any public purpose, even if the subject is not within their legislative competence. These are known as:

Q.9) The Constitution establishes a State Finance Commission to review the financial position of Panchayats. Under which Article does the State Finance Commission also review the financial position of Municipalities?

Q.10) What is the minimum population required for an intermediate level Panchayat (Panchayat Samiti) to be legally mandated under the 73rd Amendment?

Q.11) Who is legally empowered to notify an area as a “Cantonment” for the purpose of establishing a Cantonment Board?

Q.12) Township Committees or Port Trusts are examples of Urban Local Bodies. Port Trusts are established by:

Q.13) A “Notified Area Committee” is created for the administration of a newly developing town or an area lacking full conditions for a municipality. It is entirely:

Q.14) In 1985, which committee recommended the revival and revitalization of the Panchayati Raj system, proposing that elections be held regularly and the District Collector should play a major role in rural development?

Q.15) Which committee’s recommendation directly led to the drafting of the 64th Constitutional Amendment Bill (1989), which aimed to constitutionalize Panchayats but was defeated in the Rajya Sabha?

Q.16) Which Article provides that a State Legislative Council (Vidhan Parishad) shall not have more than one-third of the total number of MLAs in the state, and in no case less than 40 members?

Q.17) When a State Legislative Council is created, approximately what fraction of its members are elected by local bodies like municipalities, district boards, etc.?

Q.18) What fraction of the members of a State Legislative Council are nominated by the Governor from people having special knowledge in literature, science, art, cooperative movement, and social service?

Q.19) What fraction of the members of a State Legislative Council are elected by graduates of three years’ standing residing in the state?

Q.20) Which Part of the Constitution outlines the properties, contracts, rights, liabilities, obligations, and suits of the Union and the States?

Q.21) Under the “Doctrine of Sovereign Immunity” (inherited from British common law), can the State be held liable for the tortious acts (wrongs) committed by its servants in the exercise of its “sovereign functions”?

Q.22) According to Article 261, full faith and credit shall be given throughout the territory of India to public acts, records, and judicial proceedings of the Union and of every State. This is commonly known as the:

Q.23) Under Article 139, who is authorized to confer on the Supreme Court the power to issue directions, orders, or writs for purposes other than the enforcement of Fundamental Rights?

Q.24) The original jurisdiction of the Supreme Court (Article 131) does NOT extend to:

Q.25) If an issue involves a substantial question of law concerning the interpretation of the Constitution, the minimum number of Supreme Court judges required to sit on the bench is:

Q.26) Which Constitutional Amendment abolished the original system of election tribunals and transferred the power to hear election petitions directly to the High Courts?

Q.27) The 39th Amendment Act (1975) placed the election disputes relating to the Prime Minister and the Speaker beyond the jurisdiction of all courts. This was subsequently struck down as unconstitutional in which landmark case?

Q.28) Who regulates the conditions of service and tenure of the Chief Election Commissioner and other Election Commissioners?

Q.29) What happens if there is a conflict between a rule made under the Delegated Legislation (Executive) and the parent Act passed by Parliament?

Q.30) An administrative body’s decision can be struck down by the courts if it fails to follow the “Principles of Natural Justice”. What are the two core rules of Natural Justice?

📌 Quick Summary — Polity Set 157

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Q.1) The Special Officer for Linguistic Minorities (Article 350B) submits their annual reports to the President through which Union Ministry?

Q.2) The National Commission for Backward Classes (NCBC) was given constitutional status by the 102nd Amendment Act (2018). Which Article outlines the composition, mandate, and functions of the NCBC?

Q.3) The original Constitution provided for a Special Officer for Scheduled Castes and Scheduled Tribes. This single-member framework was replaced by a multi-member National Commission for SCs and STs through which Amendment Act?

Q.4) Under Article 280, the President constitutes the Finance Commission. Aside from the Chairman, how many other members does the Finance Commission have?

Q.5) Which Article makes it mandatory for the Central Government to share the net proceeds of certain Union taxes with the States based on the recommendations of the Finance Commission?

Q.6) Which Constitutional Amendment Act made it mandatory that a percentage of all central taxes and duties (except surcharges and cesses) must be shared with the States (the “Alternative Scheme of Devolution”)?

Q.7) “Cesses and Surcharges” levied by the Union Government for specific purposes are:

Q.8) Article 282 allows both the Union and the States to make public grants for any public purpose, even if the subject is not within their legislative competence. These are known as:

Q.9) The Constitution establishes a State Finance Commission to review the financial position of Panchayats. Under which Article does the State Finance Commission also review the financial position of Municipalities?

Q.10) What is the minimum population required for an intermediate level Panchayat (Panchayat Samiti) to be legally mandated under the 73rd Amendment?

Q.11) Who is legally empowered to notify an area as a “Cantonment” for the purpose of establishing a Cantonment Board?

Q.12) Township Committees or Port Trusts are examples of Urban Local Bodies. Port Trusts are established by:

Q.13) A “Notified Area Committee” is created for the administration of a newly developing town or an area lacking full conditions for a municipality. It is entirely:

Q.14) In 1985, which committee recommended the revival and revitalization of the Panchayati Raj system, proposing that elections be held regularly and the District Collector should play a major role in rural development?

Q.15) Which committee’s recommendation directly led to the drafting of the 64th Constitutional Amendment Bill (1989), which aimed to constitutionalize Panchayats but was defeated in the Rajya Sabha?

Q.16) Which Article provides that a State Legislative Council (Vidhan Parishad) shall not have more than one-third of the total number of MLAs in the state, and in no case less than 40 members?

Q.17) When a State Legislative Council is created, approximately what fraction of its members are elected by local bodies like municipalities, district boards, etc.?

Q.18) What fraction of the members of a State Legislative Council are nominated by the Governor from people having special knowledge in literature, science, art, cooperative movement, and social service?

Q.19) What fraction of the members of a State Legislative Council are elected by graduates of three years’ standing residing in the state?

Q.20) Which Part of the Constitution outlines the properties, contracts, rights, liabilities, obligations, and suits of the Union and the States?

Q.21) Under the “Doctrine of Sovereign Immunity” (inherited from British common law), can the State be held liable for the tortious acts (wrongs) committed by its servants in the exercise of its “sovereign functions”?

Q.22) According to Article 261, full faith and credit shall be given throughout the territory of India to public acts, records, and judicial proceedings of the Union and of every State. This is commonly known as the:

Q.23) Under Article 139, who is authorized to confer on the Supreme Court the power to issue directions, orders, or writs for purposes other than the enforcement of Fundamental Rights?

Q.24) The original jurisdiction of the Supreme Court (Article 131) does NOT extend to:

Q.25) If an issue involves a substantial question of law concerning the interpretation of the Constitution, the minimum number of Supreme Court judges required to sit on the bench is:

Q.26) Which Constitutional Amendment abolished the original system of election tribunals and transferred the power to hear election petitions directly to the High Courts?

Q.27) The 39th Amendment Act (1975) placed the election disputes relating to the Prime Minister and the Speaker beyond the jurisdiction of all courts. This was subsequently struck down as unconstitutional in which landmark case?

Q.28) Who regulates the conditions of service and tenure of the Chief Election Commissioner and other Election Commissioners?

Q.29) What happens if there is a conflict between a rule made under the Delegated Legislation (Executive) and the parent Act passed by Parliament?

Q.30) An administrative body’s decision can be struck down by the courts if it fails to follow the “Principles of Natural Justice”. What are the two core rules of Natural Justice?

📌 Quick Summary — Polity Set 157

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