Polity Set 164
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📌 Polity • Planning
Q.1) The National Development Council (NDC) was a pivotal body in India’s planning era. Was it a constitutional body?
Ans > No, it was an extra-constitutional and non-statutory body (established by an executive resolution in 1952)
- Historical Origins: The NDC was formally established on August 6, 1952. Because it was not mandated by any specific article in the Constitution, nor was it created by an Act of Parliament, it is classified as an extra-constitutional and non-statutory body. It was created purely through an executive resolution by the Union Cabinet.
- Primary Functions: For decades, the NDC acted as the highest decision-making authority in India regarding the Five-Year Plans. Its core mandate was to promote common economic policies across all vital spheres and secure the active cooperation of all state governments.
- Current Status: Following the dissolution of the Planning Commission and the establishment of NITI Aayog in 2015, the NDC has effectively become defunct, although no formal resolution has ever been passed to officially abolish it.
📌 Polity • Planning
Q.2) NITI Aayog (National Institution for Transforming India) officially replaced the Planning Commission on which date?
Ans > January 1, 2015
- The End of Centralized Planning: NITI Aayog was formed via a resolution of the Union Cabinet on January 1, 2015, marking a monumental shift in Indian economic governance. It replaced the Soviet-inspired Planning Commission.
- Cooperative Federalism Model: Unlike its predecessor, NITI Aayog acts as a quintessential ‘think tank’ for the government, providing directional and strategic policy inputs, ensuring that State Governments have a continuous voice in the national development process.
- Structural Composition: The Prime Minister serves as the ex-officio Chairperson of NITI Aayog. Its Governing Council comprises the Chief Ministers of all States and Lieutenant Governors of Union Territories.
📌 Polity • Inter-State Relations
Q.3) The Zonal Councils were set up to foster inter-state cooperation and balance regional development. Are they constitutional bodies?
Ans > No, they are statutory bodies established under the States Reorganisation Act, 1956
- Statutory Foundations: Zonal Councils are not mentioned anywhere in the original text of the Indian Constitution. They are purely statutory bodies, meaning they derive their existence from Part III of the States Reorganisation Act of 1956.
- Purpose and Vision: Championed by India’s first PM, Jawaharlal Nehru, the primary objective was to arrest the growth of acute state consciousness, regionalism, and linguistic fractionalization.
- Advisory Nature: The Zonal Councils function solely as advisory bodies. The Union Home Minister acts as the common chairman for all the Zonal Councils.
📌 Polity • Inter-State Relations
Q.4) How many Zonal Councils were originally established under the States Reorganisation Act of 1956?
Ans > Five (Northern, Central, Eastern, Western, and Southern)
- The Original Five Zones: When the States Reorganisation Act was passed in 1956, it strategically divided the country into five distinct zones: Northern, Central, Eastern, Western, and Southern Zonal Councils.
- The North-Eastern Exception: The states of North-East India were initially absent. To address their unique challenges, Parliament later passed the North Eastern Council Act in 1971, creating a separate, sixth regional body.
- Operational Structure: Each original council features the Union Home Minister as Chairman. The Chief Ministers of the included states act as Vice-Chairmen by rotation for a period of one year.
📌 Polity • Anti-Corruption Bodies
Q.5) The Central Vigilance Commission (CVC) was originally established in 1964 by an executive resolution. In which year was it conferred statutory status by an Act of Parliament?
Ans > 2003
- Santhanam Committee Origins: The CVC was initially set up in February 1964 based on the recommendations of the Committee on Prevention of Corruption, headed by K. Santhanam.
- The Push for Independence: In the late 1990s, following the Supreme Court’s landmark judgment in the Vineet Narain case (Jain Hawala case), the Court directed the government to grant statutory status to the CVC to shield it from political interference.
- Statutory Enactment: Following the directives, the government passed the Central Vigilance Commission Act in 2003, transforming it into a multi-member statutory body.
📌 Polity • Rights & Acts
Q.6) The Right to Information (RTI) Act, 2005 replaced which previous legislation regarding access to government information?
Ans > The Freedom of Information Act, 2002
- The Predecessor Legislation: Before the RTI Act of 2005, Parliament enacted the Freedom of Information (FOI) Act in 2002 to open up government records to the public.
- Flaws in the 2002 Act: The FOI Act was widely criticized for being exceptionally weak, lacking robust penalty mechanisms for officials, and having sweeping exemptions.
- The 2005 Paradigm Shift: The UPA government introduced the Right to Information Act in 2005, repealing the FOI Act of 2002 and establishing a much stronger, legally binding framework with independent Information Commissions.
📌 Polity • Constitutional/Statutory Bodies
Q.7) Following the Right to Information (Amendment) Act, 2019, the Chief Information Commissioner (CIC) and Information Commissioners hold office for:
Ans > Such term as may be prescribed by the Central Government
- The Original 2005 Framework: Under the original RTI Act, 2005, the CIC and Information Commissioners were granted a secure, fixed tenure of exactly five years (or until age 65) to ensure independence.
- The 2019 Controversial Changes: The RTI (Amendment) Act, 2019 fundamentally altered this protection by removing the fixed five-year mandate, stating they shall hold office for “such term as may be prescribed by the Central Government.”
- Impact on Autonomy: Critics strongly argued that making their tenure and salary dependent on the central government’s discretion severely compromises their institutional autonomy.
📌 Polity • Parliament
Q.8) If a member of the Rajya Sabha is nominated by the President, under what condition do they face disqualification under the Tenth Schedule (Anti-Defection Law)?
Ans > If they join any political party after the expiry of six months from the date of taking their seat
- The Tenth Schedule Framework: Added by the 52nd Amendment Act in 1985 (Anti-Defection Law), it applies distinct rules to elected, independent, and nominated members.
- Rules for Nominated Members: A nominated member (e.g., appointed to Rajya Sabha for expertise) is granted a six-month “grace period” during which they can legally join a political party.
- The Disqualification Trigger: Disqualification is exclusively triggered if the nominated member decides to join a political party after this six-month window has expired.
📌 Polity • Parliament
Q.9) Under Article 102, a person shall be disqualified for being a Member of Parliament if they hold any “Office of Profit”. Who has the power to declare by law that certain offices do NOT disqualify their holders?
Ans > The Parliament
- Constitutional Doctrine: Article 102(1)(a) ensures separation of powers by preventing MPs from holding government-controlled positions that create a conflict of interest.
- Parliamentary Exemption Power: The Constitution grants the Parliament the supreme authority to declare, by law, that specific offices will not attract this disqualification.
- The Disqualification Act: Parliament enacted the Parliament (Prevention of Disqualification) Act, 1959, which lists government offices exempted from the Office of Profit disqualification.
📌 Polity • Parliament
Q.10) What is the fundamental requirement for an “Office of Profit” to attract disqualification?
Ans > The office must be capable of yielding profit, and the appointing authority must be the government (exercising control over appointment, removal, and performance)
- The Definition Challenge: The term is not defined in the Constitution or the Representation of the People Act, 1951. Its criteria have evolved through Supreme Court judgments.
- The Concept of “Profit”: The critical test is whether the office itself is capable of yielding a profit or pecuniary gain, regardless of whether the holder chooses to accept those benefits (Jaya Bachchan case).
- The Government Control Test: The judiciary checks if the government makes the appointment, has the right to remove the person, and pays remuneration.
📌 Polity • Constitutional Bodies
Q.11) Article 320 specifies the functions of the UPSC. Under Article 321, who is empowered to extend the functions of the UPSC?
Ans > The Parliament by law
- The Standard Functions: Article 320 outlines core functions of the UPSC, primarily conducting exams for Union services and advising on disciplinary matters.
- The Provision for Expansion: Article 321 was drafted to address future needs for functional expansion.
- Parliamentary Authority: Article 321 explicitly empowers the Parliament to enact laws conferring additional functions upon the UPSC, such as recruitment for local authorities or statutory corporations.
📌 Polity • Constitutional Bodies
Q.12) The National Commission for Scheduled Castes (NCSC) investigates safeguards for SCs. To whom does the NCSC submit its annual report?
Ans > The President of India
- Constitutional Mandate: The NCSC (Article 338) monitors and evaluates matters relating to safeguards provided for Scheduled Castes.
- Reporting Mechanism: Operating with significant autonomy, it is mandated to present an annual report upon the working of those safeguards directly to the President of India.
- Parliamentary Accountability: The President must lay the report before both Houses of Parliament along with an “Action Taken Report” detailing the government’s response.
📌 Polity • Constitutional Amendment
Q.13) A constitutional amendment bill seeking to change the provisions of Article 54 (Election of the President) must be passed by:
Ans > A special majority in Parliament AND ratification by the legislatures of at least half of the States
- The Federal Protection Mechanism: Article 368 makes amending federal provisions difficult. Article 54 deals with the Electoral College for the President, which includes elected MLAs.
- Article 54 and States’ Rights: Changing this Article directly affects the voting rights and political influence of the States in choosing the Head of State.
- The Ratification Requirement: Such a bill must pass both Houses of Parliament by a special majority and then be ratified by state legislatures of at least one-half of the Indian States.
📌 Polity • Constitutional Amendment
Q.14) A constitutional amendment bill seeking to change the provisions of the Seventh Schedule must be passed by:
Ans > A special majority AND ratification by at least half of the States
- The Core of Federalism: The Seventh Schedule (Article 246) divides legislative subjects into the Union, State, and Concurrent Lists.
- Protecting State Sovereignty: Amending the Seventh Schedule is a direct infringement on the predefined legislative sovereignty of the state governments.
- The Rigid Amendment Process: To prevent unilateral centralization, Article 368 requires a special majority in Parliament coupled with the formal ratification by at least half of the State Legislatures.
📌 Polity • Constitutional Amendment
Q.15) However, a constitutional amendment bill seeking to amend the Fundamental Rights (Part III) or Directive Principles (Part IV) requires:
Ans > A special majority in Parliament only
- The Scope of Special Majority: Parts III and IV do not deal directly with the federal distribution of power between the Union and the States; thus, they do not require state ratification.
- The Procedural Requirement: Amendment requires a “Special Majority” in Parliament (majority of total membership AND two-thirds of members present and voting).
- The Basic Structure Limitation: Under the Kesavananda Bharati ruling (1973), no amendment can alter or destroy the “Basic Structure” of the Constitution.
📌 Polity • Judiciary
Q.16) Which Article authorizes the Parliament to establish a common High Court for two or more States?
Ans > Article 231
- The Original Constitutional Stance: Originally, Article 214 simply stated there shall be a High Court for each State, without explicit provisions for sharing.
- The 7th Amendment Act, 1956: The linguistic reorganization of states in 1956 required vital changes to the judiciary for administrative efficiency.
- The Introduction of Article 231: This amendment explicitly inserted provisions empowering Parliament to establish a common High Court for two or more States (e.g., Punjab and Haryana High Court).
📌 Polity • State Legislature
Q.17) If a State Legislature is bicameral, and a non-Money Bill passed by the Legislative Assembly is rejected by the Legislative Council, what happens?
Ans > The Assembly can pass it a second time, and if the Council rejects it again or delays it for 1 month, the Bill is deemed to have been passed by both Houses
- Supremacy of the Assembly: The Legislative Assembly (Vidhan Sabha) is structurally designed to be far more powerful than the Legislative Council, which serves as a mere delaying chamber.
- No Joint Sitting Provision: Unlike the Union Parliament, there is no provision for a joint sitting of state legislative houses to resolve deadlocks.
- The Override Mechanism: If the Assembly passes the bill a second time, the Council’s delaying power is drastically limited, and the bill can be deemed passed.
📌 Polity • State Legislature
Q.18) What is the maximum period the State Legislative Council can delay a non-Money Bill (ordinary bill) in the first instance?
Ans > 3 months
- The First Instance Delay: When an ordinary legislative bill is passed by the Assembly and sent to the Council for the first time, the Council is granted a maximum of three months.
- Council Options: The Council can pass, reject, or propose amendments. If it takes no action for three months, the Assembly gains the override right.
- The Total Delay Calculation: The absolute maximum delay is four months (three months first instance + one month second instance).
📌 Polity • State Legislature
Q.19) What is the maximum period the State Legislative Council can delay a Money Bill?
Ans > 14 days
- Financial Power Disparity: The Constitution vests absolute supremacy in financial legislation in the directly elected lower chambers, leaving upper chambers practically powerless.
- The 14-Day Rule: A Money Bill can only be introduced in the Assembly. Once passed, it is sent to the Council strictly for recommendations, with a 14-day limit.
- Deemed Passage: If not returned within 14 days, the bill is deemed passed by both Houses in the exact form passed by the Assembly.
📌 Polity • Parliament
Q.20) The “Privileges of Parliament” (Article 105) protect MPs from court proceedings. Can this privilege be claimed if an MP’s speech violates rules (like discussing a judge)?
Ans > No, Article 121 restricts discussion in Parliament on the conduct of any SC or HC judge in the discharge of their duties (except upon a motion for their removal).
- The Scope of Article 105: Grants robust privileges and immunities to MPs, shielding them from court proceedings regarding anything said in Parliament.
- The Constitutional Limitation: This privilege is subject to other constitutional provisions, balancing parliamentary privilege with an independent judiciary.
- Protecting Judicial Independence: Article 121 explicitly forbids Parliament from discussing the conduct of any Supreme/High Court judge unless a formal impeachment motion is active.
📌 Polity • Statutory Bodies
Q.21) Under the National Human Rights Commission (NHRC) Act, the Chairperson of the NHRC must have previously held which position?
Ans > The Chief Justice of India or a Judge of the Supreme Court
- The Original Strict Requirement: The 1993 Act originally mandated that only a former Chief Justice of India (CJI) could be the Chairperson.
- The Recruitment Bottleneck: The small pool of retired CJIs caused severe administrative bottlenecks and prolonged vacancies.
- The 2019 Expansion Amendment: The 2019 amendment widened the criteria, allowing either a former CJI or a former Judge of the Supreme Court to hold the position.
📌 Polity • Statutory Bodies
Q.22) Under the Protection of Human Rights (Amendment) Act, 2019, the term of the Chairperson and Members of the NHRC was reduced from 5 years to:
Ans > 3 years
- The Pre-2019 Tenure Framework: Originally, the Chairperson and Members held office for five years or until the age of 70, whichever was earlier.
- Harmonizing Commission Tenures: The 2019 amendment aimed to standardize tenures across various national statutory bodies (like the Women or Minorities commissions).
- The New 3-Year Rule: The term was reduced to three years, retaining the upper age limit of 70, and making members eligible for reappointment.
📌 Polity • Judiciary/DPSP
Q.23) Which body was set up under the administrative control of the Ministry of Law and Justice to fulfill the mandate of Article 39A (Equal justice and free legal aid)?
Ans > National Legal Services Authority (NALSA)
- The Constitutional Mandate: Article 39A (inserted by 42nd Amendment, 1976) obligates the State to provide free legal aid to ensure justice isn’t denied due to economic disabilities.
- The Statutory Enactment: The Legal Services Authorities Act in 1987 created a uniform framework for free legal services.
- The Role of NALSA: Constituted in 1995, NALSA monitors legal aid programs and lays down policies, including organizing Lok Adalats.
📌 Polity • Constitutional Amendment
Q.24) Which Constitutional Amendment abolished the special privileges and privy purses of the rulers of the former princely states?
Ans > 26th Amendment Act (1971)
- The Legacy of Integration: In 1947, over 500 princely states integrated into India, guaranteed tax-free “Privy Purses” and privileges in return.
- The Clash with Egalitarianism: By the late 1960s, PM Indira Gandhi argued these were incongruous with the principles of equality and social justice.
- The 26th Amendment Act: Passed in 1971, it deleted Articles 291 and 362, legally stripping former royals of constitutional recognition and privy purses.
📌 Polity • Judiciary
Q.25) The Supreme Court operates mainly in Delhi, but Article 130 allows it to sit in such other place or places as the CJI may appoint, with the approval of the:
Ans > President of India
- The Default Seat: Article 130 expressly declares that the Supreme Court of India shall sit in Delhi.
- The Provision for Regional Benches: Recognizing the vast geography of India, a flexible provision allows the Court to convene elsewhere to reduce hardship for citizens.
- The Executive Check: The CJI has the authority to appoint other places, but only with the prior, formal approval of the President of India.
📌 Polity • Special Provisions
Q.26) Which Article empowers the Parliament to establish a Central University in the State of Andhra Pradesh?
Ans > Article 371E
- The Special Provisions Framework: Part XXI contains special provisions (Articles 371 to 371-J) for various states to address unique historical circumstances.
- The Genesis of 371D and 371E: Following the Jai Andhra movement in the 1970s, the 32nd Amendment Act (1973) inserted Articles 371D and 371E.
- The Specific Function of 371E: Article 371E is highly specific, empowering Parliament to pass legislation establishing a Central University in Andhra Pradesh.
📌 Polity • Tribunals
Q.27) The Armed Forces Tribunal (AFT) was created by an Act of Parliament in 2007. The Chairperson of the AFT must necessarily be:
Ans > A retired Judge of the Supreme Court or a retired Chief Justice of a High Court
- The Need for a Specialized Tribunal: Created in 2007 to provide a speedier, specialized appellate forum for armed forces personnel, reducing pendency in civilian courts.
- Ensuring Judicial Independence: To ensure absolute independence from the military chain of command, its leadership must come from the highest civilian judiciary.
- Stringent Eligibility Criteria: The AFT Act strictly mandates that the Chairperson cannot be a military officer or bureaucrat; they must be a retired SC Judge or HC Chief Justice.
📌 Polity • Fundamental Rights
Q.28) Article 33 allows Parliament to restrict Fundamental Rights for armed forces. Can a State Legislature enact a law under Article 33 for the state police forces?
Ans > No, the power to make laws under Article 33 is conferred EXCLUSIVELY on Parliament
- The Rationale for Restriction: Article 33 allows curtailing certain fundamental rights to maintain strict discipline in the armed and intelligence forces.
- Broad Definition of “Forces”: The Supreme Court clarified that this broadly covers state police forces, central paramilitary units, and non-combatant civilian employees.
- Exclusive Parliamentary Jurisdiction: Although “Police” is a State Subject, the power to restrict Fundamental Rights is exclusively vested in the Union Parliament to ensure national uniformity.
📌 Polity • Parliament
Q.29) What is the fundamental difference between a ‘Public Bill’ and a ‘Private Bill’ in Parliament?
Ans > A Public Bill is introduced by a Minister, whereas a Private Member’s Bill is introduced by any Member of Parliament who is NOT a Minister.
- Categorization by Introduction: In the Indian parliamentary system, bills are strictly categorized based on who introduces them, not by content.
- The Public Bill Dynamics: Introduced exclusively by a Minister, reflecting the government’s official policies with a high probability of passage.
- The Private Member’s Bill: Introduced by any MP (ruling or opposition) who is not a Minister. They are typically debated on designated days (Fridays).
📌 Polity • Parliament
Q.30) Has a Private Member’s Bill ever been passed by the Indian Parliament and become an Act?
Ans > Yes, a total of 14 Private Member’s Bills have been passed since independence
- The Rarity of Passage: Passing a Private Member’s Bill is exceedingly difficult due to lack of official government backing. They generally spark discourse rather than change the law.
- The Historical Record: Despite the odds, exactly 14 Private Member’s Bills have successfully passed through both Houses of Parliament and become law.
- A Stalled Legacy: All 14 were passed in the early decades of the Republic. The last successful passage was in 1970; none have passed in over half a century.
📌 Quick Summary — Polity Set 164
- NDC: Was an extra-constitutional, non-statutory planning body formed in 1952.
- NITI Aayog: Replaced the Planning Commission on January 1, 2015.
- Zonal Councils: Are statutory bodies established under the States Reorganisation Act, 1956.
- Five Original Zones: Northern, Central, Eastern, Western, and Southern councils were originally created in 1956.
- CVC Statutory Status: The Central Vigilance Commission was granted statutory status in 2003.
- RTI Act 2005: Repealed and replaced the weaker Freedom of Information Act, 2002.
- CIC Tenure: Since the 2019 amendment, tenure is prescribed by the Central Government, removing the fixed 5-year term.
- Anti-Defection (Nominated MP): Disqualified if joining a party AFTER 6 months of taking their seat.
- Office of Profit: Parliament has the constitutional power to exempt specific offices from disqualification.
- Office of Profit Test: Capable of yielding profit and under direct government control.
- UPSC Expansion: Article 321 empowers Parliament to pass laws expanding UPSC’s functions.
- NCSC Report: Submitted annually directly to the President of India.
- Article 54 (President Election): Requires special majority plus ratification by at least half the states to amend.
- Seventh Schedule: Amending legislative lists requires a special majority and state ratification.
- FR & DPSP Amendments: Only require a special majority in Parliament (no state ratification).
- Common High Court: Article 231 allows Parliament to establish one HC for two or more states.
- Bicameral Deadlock (States): The Assembly has absolute supremacy over the Council on non-money bills after a second passage.
- Council Delay (Ordinary Bill): Maximum of 3 months in the first instance.
- Council Delay (Money Bill): Only 14 days before it is deemed passed.
- Parliamentary Privilege Limit: Article 121 forbids discussing the conduct of serving SC/HC judges.
- NHRC Chairperson: Must be a former Chief Justice of India OR a former Supreme Court Judge.
- NHRC Tenure: Reduced from 5 years to 3 years by the 2019 Amendment.
- Article 39A Body: NALSA provides a national framework for free legal aid.
- Privy Purses Abolition: 26th Constitutional Amendment Act (1971) ended royal privileges.
- SC Regional Benches: CJI can appoint other locations only with the President’s approval.
- Central Univ (AP): Established under the specific mandate of Article 371E.
- AFT Chairperson: Strictly reserved for a retired SC Judge or retired HC Chief Justice.
- Article 33 (Forces): The power to restrict fundamental rights is exclusive to the Parliament.
- Public vs Private Bill: Based strictly on whether the introducer is a Minister or a non-Minister MP.
- Private Bills Passed: Exactly 14 have been passed, but none since 1970.
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