Polity Set 182
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📌 Fundamental Rights • Supreme Court
Q.1) The legal “Doctrine of Laches” essentially states that courts will not help people who sleep on their rights. However, the Supreme Court has generally ruled that this doctrine does NOT strictly apply to petitions filed under which Article?
Ans > Article 32 (Fundamental Rights)
- The Concept of Doctrine of Laches: The Doctrine of Laches is a legal principle rooted in equity, asserting that unreasonable delay or negligence in pursuing a legal claim can result in its dismissal. It prevents the resurrection of stale claims that could prejudice the opposing party due to lost evidence or faded memories over time.
- Article 32 and Fundamental Rights: Article 32 of the Indian Constitution guarantees the right to move the Supreme Court directly for the enforcement of Fundamental Rights. Dr. B.R. Ambedkar famously called it the “heart and soul” of the Constitution. Because these rights are paramount, they cannot be easily waived or defeated merely by procedural delays.
- The Supreme Court’s Stance: In landmark judgments, the Supreme Court has clarified that the strict rule of laches does not automatically bar petitions filed under Article 32. While the Court retains discretion to dismiss a petition if the delay is completely inexplicable or malicious, the focus remains on upholding citizen rights over rigid limitation periods.
📌 Judiciary • Impeachment
Q.2) Under the Judges (Inquiry) Act, 1968, a motion for the removal (impeachment) of a Supreme Court or High Court judge requires the signatures of at least how many members if introduced in the Lok Sabha?
Ans > 100
- Constitutional Provision for Removal: The process of removing a higher judiciary judge in India is deliberately designed to be stringent to ensure absolute judicial independence. Article 124(4) lays down the groundwork, stating a judge can only be removed on grounds of “proved misbehaviour or incapacity.” The details are codified in the Judges (Inquiry) Act, 1968.
- Initiation in the Lok Sabha: To prevent frivolous or politically motivated attempts to intimidate the judiciary, the Act requires a substantial threshold for initiating a removal motion. If introduced in the lower house, the Lok Sabha, the motion must be signed by no fewer than 100 Members of Parliament to ensure significant backing.
- Role of the Speaker: Once the motion is submitted with the requisite 100 signatures, the Speaker of the Lok Sabha holds the discretion to either admit or refuse the motion. This dual-layered filter—requiring substantial parliamentary support and the Speaker’s approval—acts as a robust safeguard protecting judges from unwarranted political harassment.
📌 Judiciary • Rajya Sabha
Q.3) Under the same Act, a motion for the removal of a judge requires the signatures of at least how many members if introduced in the Rajya Sabha?
Ans > 50
- Parliamentary Parity in Removal: The procedure for removing judges allows the initiation of the motion in either house of Parliament. This ensures that both the Lok Sabha and the Rajya Sabha have a defined role in holding the judiciary accountable. The Judges (Inquiry) Act dictates specific requirements based on house strength.
- Initiation in the Rajya Sabha: The Rajya Sabha (Council of States) has a significantly smaller overall membership compared to the Lok Sabha. Consequently, the threshold required to introduce a removal motion is proportionally adjusted. A minimum of 50 signatures from the Members of the Rajya Sabha is mandatory to begin proceedings.
- The Chairman’s Prerogative: Similar to the process in the Lok Sabha, once the motion is submitted with 50 signatures to the Chairman of the Rajya Sabha (the Vice President of India), it is not automatically accepted. The Chairman exercises independent judgment to admit or reject the motion outright, acting as a critical gatekeeper.
📌 Judiciary • Investigations
Q.4) Once the motion is admitted by the Speaker/Chairman, a three-member committee is constituted to investigate the charges against the judge. Which of the following is NOT typically a member of this committee?
Ans > The Union Law Minister
- Formation of the Investigative Committee: Once a motion for the removal of a judge is admitted by the presiding officer of either house, the parliamentary legislative process temporarily pauses. A specialized, independent three-member committee is instantly constituted to thoroughly investigate the specific charges of misbehaviour or incapacity.
- Composition of the Committee: The composition of this investigative committee is strictly defined by law to ensure absolute impartiality and profound legal expertise. It must consist of (1) the Chief Justice or a sitting judge of the Supreme Court, (2) a sitting Chief Justice of a High Court, and (3) a distinguished jurist.
- Exclusion of the Executive Branch: The Union Law Minister is deliberately excluded. Including a member of the executive branch—especially a cabinet minister—would grossly violate the fundamental constitutional principle of the separation of powers. The investigation must remain an entirely judicial and independent inquiry, free from executive interference.
📌 Supreme Court • Advisory Jurisdiction
Q.5) Which Article grants the President of India the power to refer any matter of public importance to the Supreme Court for its advisory opinion?
Ans > Article 143
- The Concept of Advisory Jurisdiction: Article 143 of the Indian Constitution confers a unique power upon the Supreme Court known as advisory jurisdiction. Unlike its original or appellate jurisdiction involving actual disputes between litigating parties, advisory jurisdiction allows the Court to offer expert legal opinions on complex issues before litigation arises.
- The President’s Prerogative: The power to invoke this jurisdiction rests solely with the President of India. If it appears to the President that a question of law or fact has arisen, which is of such nature and public importance that obtaining the Supreme Court’s opinion is expedient, they may refer the question to the Court.
- Historical Context and Utility: Inspired by Section 213 of the Government of India Act, 1935, this provision serves as a vital constitutional mechanism. It enables the executive branch to navigate legally ambiguous territory, ensuring proposed laws or executive actions align with constitutional mandates, thereby avoiding future legal deadlocks.
📌 Supreme Court • Advisory Jurisdiction
Q.6) Is the Supreme Court bound to give its opinion to the President on all matters referred to it under Article 143?
Ans > No, it is bound to give its opinion only on pre-constitution treaty disputes, and may decline to answer other questions of law or fact.
- Discretion on General References: Under Article 143(1), which deals with general questions of public importance, the Supreme Court is not legally bound to give its opinion. It has the discretionary power to respectfully decline to answer if it finds the reference inherently political, vague, or inappropriate for judicial commentary.
- The Pre-Constitution Treaty Exception: There is a distinct, mandatory caveat under Article 143(2). If the President refers a dispute arising out of any treaty, agreement, covenant, or similar instrument executed before the commencement of the Constitution, the Supreme Court must give its opinion. In this specific scenario, the obligation is strictly mandatory.
- The Non-Binding Nature of the Opinion: Even when the Supreme Court provides its advisory opinion, it is vital to note that this opinion is not legally binding on the President or the government. Because it is not a judicial pronouncement arising from a live dispute, it does not constitute binding legal precedent.
📌 Local Government • PESA Act
Q.7) Which committee’s recommendations paved the way for the enactment of the PESA Act (Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996)?
Ans > Bhuria Committee
- Exclusion of Scheduled Areas: The 73rd Constitutional Amendment Act of 1992 revolutionized local self-government. However, Article 243M explicitly exempted the Scheduled Areas and Tribal Areas from the application of this amendment, recognizing that their unique socio-cultural dynamics required specialized, sensitive governance models rather than standard panchayats.
- The Dileep Singh Bhuria Committee: To bridge this constitutional gap, the government constituted a committee in 1994 chaired by Dileep Singh Bhuria, a prominent tribal parliamentarian. The committee was tasked with recommending how Panchayati Raj provisions could be extended to Scheduled Areas without disrupting traditional tribal systems and customary laws.
- Enactment of the PESA Act: Based extensively on the Bhuria Committee’s findings, Parliament enacted the PESA Act in 1996. PESA empowers the Gram Sabha (village assembly) as the absolute authority in tribal areas, granting them extensive control over local resources, minor forest produce, and land alienation, harmonizing democracy with tribal autonomy.
📌 Local Government • Forest Rights Act
Q.8) The Ministry of Tribal Affairs is the nodal agency for the implementation of the Forest Rights Act (FRA), 2006. Under this Act, who is the authority to initiate the process for determining the nature and extent of individual or community forest rights?
Ans > The Gram Sabha
- Correcting Historical Injustices: The Forest Rights Act (FRA), 2006, was enacted to correct historical injustices committed against forest-dwelling communities. For over a century, colonial and post-colonial forest policies treated these indigenous communities as encroachers. The FRA officially recognizes and legally vests forest rights in these traditional communities.
- Empowerment of the Gram Sabha: A revolutionary aspect of the FRA is its highly decentralized approach to governance and rights determination. It legally mandates that the Gram Sabha (the assembly of all adult village members) is the statutory authority to initiate the entire process of determining the nature and extent of forest rights.
- Shifting Power Dynamics: This provision deliberately shifts power away from the historically dominant Forest Department bureaucracy directly into the hands of the local community. The Gram Sabha receives claims, verifies them through a Forest Rights Committee, and passes a resolution, ensuring local knowledge forms the foundation of rights recognition.
📌 Statutory Bodies • NCW
Q.9) Which statutory body was established in 1990 to protect and promote the interests of women in India, and to review the constitutional and legal safeguards for women?
Ans > National Commission for Women (NCW)
- The Context of Establishment: For decades after independence, the women’s rights movement in India advocated for an apex body dedicated specifically to gender issues. Reports like “Towards Equality” highlighted systemic disparities. Responding to prolonged demands, the Government of India established the National Commission for Women (NCW) in January 1992.
- Statutory Foundation: The NCW is a statutory body, created by an Act of Parliament—the National Commission for Women Act, 1990. Its primary mandate is to review constitutional safeguards available to women, recommend remedial legislative measures, facilitate the redressal of grievances, and advise the government on all policy matters affecting women.
- Investigative Powers: The Commission enjoys the powers of a civil court while investigating matters within its mandate. It can actively summon witnesses, demand document discovery, and take suo motu cognizance of incidents involving the deprivation of women’s rights or cases involving custodial violence and severe workplace discrimination.
📌 Statutory Bodies • NCPCR
Q.10) The National Commission for Protection of Child Rights (NCPCR) was established in 2007 as a statutory body under the CPCR Act, 2005. It operates under the administrative control of which Ministry?
Ans > Ministry of Women and Child Development
- Genesis of the NCPCR: As a signatory to the UN Convention on the Rights of the Child (UNCRC), India committed to establishing robust mechanisms for child protection. This commitment led to the enactment of the Commissions for Protection of Child Rights (CPCR) Act in 2005, which birthed the NCPCR in 2007.
- Administrative Jurisdiction: While the NCPCR acts as an independent statutory authority in its investigative functions, it operates under the administrative control of the Ministry of Women and Child Development (MWCD). This ministry coordinates the funding and overarching policy frameworks under which the Commission functions at the federal level.
- Core Mandate: The NCPCR ensures that all laws, policies, and administrative mechanisms align with the child rights perspective enshrined in the Constitution. The Commission legally considers individuals up to the age of 18 years as children, focusing heavily on education rights (RTE Act) and preventing child abuse (POCSO Act).
📌 Statutory Bodies • CCI
Q.11) Which statutory authority was established in 2003, replacing the Monopolies and Restrictive Trade Practices (MRTP) Commission, to prevent practices having an adverse effect on economic competition?
Ans > Competition Commission of India (CCI)
- Transition from the MRTP Act: Prior to 2002, India’s corporate competition was heavily regulated by the MRTP Act of 1969. In the post-1991 era of economic liberalization, this framework was deemed obsolete. The Raghavan Committee was appointed to propose a modern competition law framework suited for a globalized free market.
- Establishment of the CCI: Based on the committee’s recommendations, Parliament passed the Competition Act, 2002, leading to the establishment of the Competition Commission of India (CCI) in 2003. This replaced the MRTP Commission, shifting the regulatory philosophy from curbing monopolies to actively promoting positive and fair market competition.
- Core Objectives: The CCI’s primary objectives are to eliminate practices having an adverse effect on competition, protect consumer interests, and ensure freedom of trade. It aggressively investigates anti-competitive agreements (like corporate cartels), the abuse of dominant market positions, and regulates large-scale mergers and acquisitions to maintain fair market dynamics.
📌 Statutory Bodies • NCLT
Q.12) The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) were constituted under the provisions of which Act?
Ans > The Companies Act, 2013
- The Need for Specialized Courts: Before the NCLT, corporate disputes and insolvency proceedings in India were scattered across High Courts, the Company Law Board, and the BIFR. This fragmented jurisdiction led to immense procedural delays, conflicting judgments, and systemic inefficiencies in resolving complex corporate legal issues.
- Consolidation under the Companies Act: To streamline this entire ecosystem, the government incorporated the Eradi Committee’s recommendations into the sweeping Companies Act, 2013. Under Section 408 of this Act, the National Company Law Tribunal (NCLT) was constituted, absorbing the judicial powers of the older, dissolved regulatory bodies.
- Dual Role in IBC Proceedings: While established under the Companies Act to handle general corporate disputes and mismanagement, the NCLT subsequently took on a critical second role. It was designated as the primary Adjudicating Authority for corporate insolvency processes under the Insolvency and Bankruptcy Code (IBC), 2016.
📌 Defense • Executive
Q.13) In 2019, the Government of India created the post of Chief of Defence Staff (CDS) to act as the principal military advisor to the Defence Minister. The CDS is a:
Ans > Four-star General
- Historical Demand for Synergy: The critical need for a single point of military advice to the civilian government and better integration among the armed forces was felt for decades. Successive committees, including the Kargil Review Committee, strongly recommended creating such a position to eliminate inter-service silos.
- Rank and Operational Position: Created in 2019, the Chief of Defence Staff (CDS) is a four-star General (or equivalent rank in the Navy/Air Force). While holding the exact same four-star rank as the individual Service Chiefs, the CDS acts functionally as the “first among equals” in the military hierarchy.
- Roles and Responsibilities: The CDS serves as the Principal Military Advisor to the Defence Minister on all tri-services matters. Additionally, the CDS heads the newly created Department of Military Affairs (DMA) within the Ministry of Defence and is tasked with spearheading the creation of integrated theatre commands for future warfare.
📌 Executive • Security
Q.14) The National Security Council (NSC) of India is the apex agency looking into the country’s political, economic, energy, and strategic security concerns. It is headed by the:
Ans > Prime Minister
- Architecture of National Security: India’s National Security Council (NSC) was established in 1998 to manage the country’s comprehensive security apparatus. It views national security through a holistic prism, encompassing foreign policy, internal stability, economic resilience, and strategic affairs, ensuring a unified government response to all emerging threats.
- Executive Leadership: Because comprehensive national security requires the seamless coordination of multiple powerful ministries, the NSC is headed directly by the highest executive authority: the Prime Minister of India. This ensures that critical decisions involving war, peace, and national survival are taken at the absolute highest political tier.
- The Crucial Role of the NSA: While the Prime Minister heads the Council, the National Security Advisor (NSA) serves as the crucial operational linchpin. The NSA acts as the Secretary to the NSC and bridges the vital gap between intelligence agencies, the military establishment, and the civilian political leadership.
📌 Executive • Security
Q.15) What is the Strategic Policy Group (SPG)?
Ans > The core inter-ministerial coordination mechanism of the National Security Council (NSC)
- The Three-Tier NSC Structure: The National Security Council framework operates through a highly sophisticated three-tier structure to ensure thorough analysis before the Prime Minister makes decisions. This structure comprises the apex National Security Council itself, the Strategic Policy Group (SPG), and the National Security Advisory Board (NSAB).
- Function of the SPG: The Strategic Policy Group serves as the core inter-ministerial coordination mechanism within this architecture. It is the bureaucratic engine that powers the NSC. Before any strategic policy is presented to the political leadership, the SPG conducts intensive background work, coordinating intelligence and evaluating national resources.
- High-Level Composition: Restructured in 2018 with the NSA as its Chairman, the group is composed of the absolute top bureaucrats and intelligence chiefs in the country. This includes the Cabinet Secretary, the three military service chiefs, the Foreign Secretary, the Home Secretary, and the heads of RAW and IB.
📌 Amendments • Basic Structure
Q.16) Which Constitutional Amendment Act (1971) made it clear that the Parliament has the power to amend any part of the Constitution, including Fundamental Rights, under Article 368?
Ans > 24th Amendment Act
- The Golaknath Judgement Crisis: In 1967, the Supreme Court delivered a controversial verdict in the I.C. Golaknath case, ruling that Parliament did not have the power to amend the Constitution in a way that abridged Fundamental Rights. This severely limited the government’s ability to enact socialist land reforms.
- Asserting Parliamentary Supremacy: To circumvent this restrictive ruling, Parliament enacted the 24th Constitutional Amendment Act in 1971. This amendment explicitly modified Articles 13 and 368, declaring categorically that Parliament possesses the absolute constituent power to amend any provision of the Constitution, including the entire chapter on Fundamental Rights.
- Mandatory Presidential Assent: Additionally, the 24th Amendment made it constitutionally mandatory for the President of India to give their assent to any Constitutional Amendment Bill passed by Parliament. It effectively removed the President’s veto power in this specific regard, cementing the absolute legislative supremacy of the Parliament.
📌 Amendments • DPSP vs FR
Q.17) The 25th Amendment Act (1971) inserted Article 31C. It gave primacy to the Directive Principles contained in Article 39(b) and (c) over the Fundamental Rights contained in Articles:
Ans > 14, 19, and 31
- The Socialist Directive Principles: The 25th Amendment Act was a crucial legislative tool for the government’s push toward socialist economic policies. Specifically, it sought to empower the government to rapidly implement the Directive Principles found in Article 39(b) (equitable distribution of material resources) and Article 39(c) (prevention of wealth concentration).
- Insertion of Article 31C: To protect these socio-economic policies from judicial scrutiny, the amendment inserted Article 31C. This article provided that any law enacted to implement the directives in 39(b) and 39(c) could not be declared void on the ground that it violated the Fundamental Rights under Articles 14, 19, or 31.
- Balancing Rights and Directives: This amendment represented a profound shift in Indian constitutional philosophy. For the very first time, it explicitly elevated certain Directive Principles—which are generally non-justiciable—to a position of absolute primacy over specific core Fundamental Rights, illustrating the tension between individual liberties and egalitarian goals.
📌 Amendments • Judiciary
Q.18) The 42nd Amendment Act (1976) attempted to extend the scope of Article 31C by giving primacy to all Directive Principles over Fundamental Rights. Which landmark Supreme Court case struck down this specific expansion?
Ans > Minerva Mills case (1980)
- The Overreach of the 42nd Amendment: During the 1975 Emergency, the government passed the sweeping 42nd Amendment Act. Among its drastic changes, it expanded the scope of Article 31C, decreeing that any law implementing any Directive Principle could no longer be challenged for violating Fundamental Rights, virtually subordinating all individual liberties.
- The Minerva Mills Challenge: The owners of a nationalized textile mill challenged this vast constitutional overreach in the Supreme Court. The core legal question was whether the Parliament could use its amending power to completely destroy the established balance between Part III (Fundamental Rights) and Part IV (Directive Principles).
- Restoring Constitutional Balance: In the landmark 1980 Minerva Mills judgment, the Supreme Court struck down this specific expansion. The Court ruled that the Constitution is founded on the “bedrock of the balance” between these two parts, and giving absolute primacy to one over the other destroys the Basic Structure of the Constitution.
📌 Amendments • Tribunals
Q.19) Which Constitutional Amendment Act inserted a new Part XIV-A (Tribunals) containing Articles 323A and 323B?
Ans > 42nd Amendment Act (1976)
- The Burden on Traditional Courts: By the mid-1970s, the traditional Indian judicial system was groaning under the weight of massive case backlogs. A significant portion of this litigation involved administrative disputes and service matters of government employees that required specialized knowledge and faster, less formal disposal times.
- Insertion of Part XIV-A: To bypass the cumbersome procedures of the High Courts, the Swaran Singh Committee recommended the creation of specialized administrative tribunals. Acting on this, the 42nd Constitutional Amendment Act of 1976 inserted an entirely new Part XIV-A into the Constitution, specifically titled “Tribunals.”
- Articles 323A and 323B: This part contained two foundational articles. Article 323A authorized Parliament to establish Administrative Tribunals for public servant disputes. Article 323B empowered legislatures to set up tribunals for other specialized matters like taxation, foreign exchange, and land reforms, fundamentally altering India’s dispute resolution landscape.
📌 Amendments • Emergency Provisions
Q.20) The 44th Amendment Act (1978) substituted the term “Internal Disturbance” with “Armed Rebellion” in Article 352. It also required that a National Emergency can only be declared by the President on the written advice of the:
Ans > Cabinet
- Lessons from the 1975 Emergency: The 44th Constitutional Amendment Act, enacted by the Janata Party government, was primarily designed to systematically undo the dictatorial distortions introduced during the 1975 Emergency and to legally prevent any future executive from unilaterally subverting the democratic constitutional process.
- Changing the Grounds for Emergency: One critical change involved Article 352. The vague term “internal disturbance,” used to justify the 1975 Emergency without an actual armed uprising, was replaced with the much more stringent phrase “armed rebellion.” This made it drastically harder to declare an emergency simply to quell peaceful political opposition.
- Mandatory Written Cabinet Advice: In 1975, the Prime Minister advised the President to proclaim the Emergency without formally consulting the Cabinet. To prevent this dictatorial bypass, the 44th Amendment strictly mandated that the President can declare a National Emergency only after receiving a written recommendation explicitly from the Union Cabinet.
📌 Amendments • Fundamental Rights
Q.21) Which Amendment Act is recognized for making primary education a Fundamental Right (Article 21A) and adding the 11th Fundamental Duty?
Ans > 86th Amendment Act (2002)
- Education as a Fundamental Right: Before 2002, the provision for free education was merely a Directive Principle under Article 45, making it a moral obligation but not legally enforceable in court. Recognizing education as vital for human development, Parliament passed the 86th Amendment Act to elevate its legal status.
- Insertion of Article 21A: This landmark amendment inserted Article 21A into the Constitution. It mandated that the State shall provide free and compulsory education to all children between the ages of 6 and 14 years. This constitutional mandate eventually led to the enactment of the Right to Education (RTE) Act in 2009.
- Adding the 11th Fundamental Duty: The amendment also modified Part IV-A by adding an 11th Fundamental Duty under Article 51A(k). This placed a constitutional obligation on parents or guardians to actively provide opportunities for education to their children, creating a dual educational responsibility for both the State and the citizenry.
📌 Amendments • Executive
Q.22) Which Constitutional Amendment Act restricted the size of the Council of Ministers to 15% of the total strength of the Lok Sabha / State Legislative Assembly?
Ans > 91st Amendment Act (2003)
- The Era of Jumbo Ministries: During the era of coalition politics in the 1990s and early 2000s, executives often faced immense pressure to accommodate various political allies to maintain their majority. This led to the creation of oversized “jumbo cabinets,” resulting in a massive drain on the exchequer and administrative inefficiency.
- Capping the Size of the Council: To curb this unhealthy political practice and enforce administrative discipline, Parliament enacted the 91st Constitutional Amendment Act in 2003. This amendment introduced strict constitutional limits on the total size of the executive branch at both the federal and state levels.
- The Strict 15% Rule: The amendment fundamentally altered Articles 75 and 164. It mandated that the total number of Ministers, including the Prime Minister or Chief Minister, shall not exceed 15% of the total number of members of the respective lower house. It also stipulated a minimum strength of 12 ministers for smaller states.
📌 Amendments • Co-operative Societies
Q.23) The 97th Constitutional Amendment Act (2011) gave constitutional status to Co-operative Societies. It added which new Part to the Constitution?
Ans > Part IX-B
- The Cooperative Movement in India: Cooperative societies have historically played a vital role in India’s rural economy, particularly in dairy and agriculture. However, many cooperatives suffered from excessive political interference, lack of professional management, and postponed elections, severely diluting their democratic character and economic efficiency over the decades.
- Granting Constitutional Status: To revitalize this crucial sector and ensure cooperatives function as autonomous, professionally managed entities, Parliament passed the 97th Amendment Act. This gave constitutional protection to cooperative societies, elevating the right to form cooperatives to a Fundamental Right under Article 19(1)(c).
- Insertion of Part IX-B: The amendment inserted a completely new part into the Constitution—Part IX-B, titled “The Co-operative Societies.” This part laid down uniform constitutional guidelines for the incorporation, regular democratic elections, auditing, and supersession of cooperative boards, standardizing the legal framework across all Indian states.
📌 Amendments • GST
Q.24) The 101st Constitutional Amendment Act (2016) introduced the Goods and Services Tax (GST). Which new Article was inserted to establish the GST Council?
Ans > Article 279A
- Overhauling Indirect Taxation: Prior to GST, India’s indirect tax structure was a highly complex, cascading web of distinct federal and state taxes. This deeply fragmented system hindered seamless interstate trade, artificially inflated the cost of goods, and created massive compliance burdens for businesses nationwide.
- The 101st Amendment Act: The 101st Amendment was a monumental economic reform that paved the way for a unified national market under the motto “One Nation, One Tax.” It granted unique, concurrent powers to both the Parliament and State Legislatures to make laws regarding the Goods and Services Tax.
- Creation of the GST Council: A unified tax system required unprecedented cooperative federalism. To facilitate this, the amendment inserted Article 279A, mandating the creation of the GST Council. Chaired by the Union Finance Minister and comprising state finance ministers, this body makes binding recommendations on tax rates and exemptions.
📌 Amendments • NCBC
Q.25) Which Constitutional Amendment Act granted constitutional status to the National Commission for Backward Classes (NCBC)?
Ans > 102nd Amendment Act (2018)
- Previous Status of the NCBC: Following the landmark Mandal Commission case in 1992, the Supreme Court directed the government to create a permanent body to examine complaints regarding OBC inclusion or exclusion. Consequently, the NCBC was set up as a mere statutory body in 1993, lacking constitutional authority.
- Demand for Constitutional Parity: For years, marginalized communities argued that the statutory NCBC severely lacked the teeth and authority enjoyed by its constitutional counterparts (the NCSC and NCST), particularly regarding the robust power to investigate grievances and actively safeguard the rights of backward classes.
- Elevation to Constitutional Status: To address this systemic disparity, Parliament passed the 102nd Constitutional Amendment Act in 2018. It inserted Article 338B, officially granting constitutional status to the NCBC. This allowed the Commission to function with the powers of a civil court to investigate complaints regarding rights deprivation.
📌 Amendments • EWS Reservation
Q.26) The 103rd Constitutional Amendment Act (2019) provided for a maximum of 10% reservation for Economically Weaker Sections (EWS). It amended which two Articles of the Constitution?
Ans > Articles 15 and 16
- The Historical Context of Reservations: Historically, constitutional affirmative action in India was granted exclusively on the basis of “social and educational backwardness.” The Supreme Court had repeatedly ruled in the past that economic deprivation alone could not be the sole legal criterion for granting constitutional reservations.
- Introducing the Economic Criterion: The 103rd Amendment Act represented a massive paradigm shift in India’s reservation policy. For the first time, it introduced “economic backwardness” as a valid constitutional ground, aiming to support the poor among the unreserved “general” categories who were excluded from existing quota benefits.
- Amending Articles 15 and 16: The Act amended Fundamental Rights by inserting clauses 15(6) and 16(6). These empowered the State to provide a maximum of 10% reservation for Economically Weaker Sections in higher educational institutions and government jobs, existing entirely separate from the existing 50% cap for backward classes.
📌 Amendments • Political Reservations
Q.27) The 104th Constitutional Amendment Act (2020) extended political reservations for SCs and STs for another ten years, but officially ended the provision for nominating members of which community to the Lok Sabha and State Assemblies?
Ans > The Anglo-Indian community
- The System of Political Reservations: The framers of the Constitution instituted political reservations for Scheduled Castes and Scheduled Tribes in legislative assemblies to overcome historical marginalization. Originally intended to last only 10 years, these reservations have been repeatedly extended via various constitutional amendments to ensure continued representation.
- The 104th Amendment’s Dual Purpose: Passed in early 2020, this Act successfully extended the reservation of seats for SCs and STs in the lower houses for another ten years, ensuring their continued political voice and representation up to the year 2030.
- Ending the Anglo-Indian Nomination: Controversially, the Act allowed the special provision for the nomination of the Anglo-Indian community to expire. Historically, the President could nominate two members of this community to the Lok Sabha. The government argued this colonial-era provision was no longer necessary due to changing demographics.
📌 Special Provisions • State Boards
Q.28) Article 371 of the Constitution makes special provisions for the establishment of separate development boards for Vidarbha, Marathwada, Saurashtra, and Kutch in the states of:
Ans > Maharashtra and Gujarat
- Asymmetrical Federalism in India: While the Constitution generally treats states equally, Part XXI contains “Special Provisions.” These clauses recognize that certain regions suffer from severe historical backwardness or developmental deficits that require customized, highly specific constitutional interventions to ensure balanced national growth.
- Article 371: The Parent Provision: The original Article 371 specifically addresses the massive states of Maharashtra and Gujarat. It empowers the President to place a special responsibility on the Governors of these states to ensure equitable regional development, bypassing standard cabinet dictates in these specific matters.
- Separate Development Boards: The Governor is authorized to establish distinct development boards for historically lagging regions like Vidarbha and Saurashtra. The Governor must ensure the equitable allocation of state funds for developmental expenditures and technical education facilities in these specifically identified geographical areas.
📌 Special Provisions • Nagaland
Q.29) Article 371A gives special provisions to the state of Nagaland. Under this Article, acts of Parliament relating to Naga religious or social practices do not apply unless approved by the:
Ans > State Legislative Assembly of Nagaland
- The Context of Nagaland’s Statehood: Nagaland’s integration into the Indian Union was highly complex. To broker peace and address the deep-rooted anxieties of indigenous tribes regarding the assimilation of their unique culture, the Government of India signed a 16-point agreement, culminating in statehood in 1963.
- Constitutional Protections under Article 371A: To operationalize this political agreement, the 13th Amendment Act inserted Article 371A. This article provides extraordinary safeguards to protect the distinct Naga identity, acting as a powerful legal shield against federal legislative encroachment on indigenous tribal affairs.
- Legislative Veto Power: Under this Article, no Act of Parliament regarding Naga religion, social practices, customary law, or the ownership of land and resources can apply to the state unless the State Legislative Assembly of Nagaland passes a formal resolution specifically adopting it.
📌 Special Provisions • Mizoram
Q.30) Article 371G provides similar protections regarding Mizo religious or social practices and Mizo customary law for the state of:
Ans > Mizoram
- The Path to Peace in Mizoram: Similar to Nagaland, the region experienced a prolonged period of violent insurgency. The conflict finally ended with the signing of the historic Mizo Peace Accord in 1986 between the Mizo National Front and the central government, widely regarded as a massive diplomatic success.
- Insertion of Article 371G: As a crucial condition of this Peace Accord, Mizoram was elevated from a Union Territory to a full-fledged State. Simultaneously, the 53rd Amendment Act inserted Article 371G to guarantee the constitutional protection of the Mizo people’s unique cultural and customary heritage.
- Safeguarding Customary Law: Mirroring Nagaland’s protections, Article 371G stipulates that acts of the Indian Parliament concerning Mizo religious practices, customary law and procedure, and land ownership cannot apply to Mizoram unless the Mizoram State Legislative Assembly formally agrees to it via a resolution.
📌 Quick Summary — Polity Set 182
- Fundamental Rights: Doctrine of Laches generally doesn’t bar Article 32 petitions outright.
- Judicial Impeachment (LS): Removal motion requires 100 signatures in Lok Sabha.
- Judicial Impeachment (RS): Removal motion requires 50 signatures in Rajya Sabha.
- Investigation Committee: Excludes Union Law Minister to ensure separation of powers.
- Advisory Jurisdiction: Article 143 grants the President power to consult the Supreme Court.
- Binding Advice: SC is only bound to advise on pre-constitution treaties.
- PESA Act: Enacted based on the Bhuria Committee recommendations.
- Forest Rights Act: Gram Sabha is the authority to initiate the rights determination process.
- NCW: National Commission for Women established in 1990 as a statutory body.
- NCPCR: Functions under the Ministry of Women and Child Development.
- CCI: Replaced the MRTP Commission in 2003.
- NCLT & NCLAT: Constituted under the Companies Act, 2013.
- CDS: The Chief of Defence Staff is a Four-star General.
- National Security Council: Apex security body headed by the Prime Minister.
- Strategic Policy Group (SPG): Core inter-ministerial coordination mechanism of the NSC.
- 24th Amendment: Empowered Parliament to amend any part of the Constitution, including FRs.
- 25th Amendment: Gave primacy to Directives 39(b) & (c) over Articles 14, 19, and 31.
- Minerva Mills Case: Struck down the 42nd Amendment’s expansion of Article 31C.
- 42nd Amendment: Inserted Part XIV-A (Tribunals) containing Articles 323A and 323B.
- 44th Amendment: Required written Cabinet advice for National Emergency.
- 86th Amendment: Made primary education a Fundamental Right (Article 21A).
- 91st Amendment: Capped the Council of Ministers size at 15%.
- 97th Amendment: Gave constitutional status to Co-operative Societies (Part IX-B).
- 101st Amendment: Introduced the Goods and Services Tax (GST) & Article 279A.
- 102nd Amendment: Granted constitutional status to the NCBC.
- 103rd Amendment: Provided 10% EWS reservation by amending Articles 15 & 16.
- 104th Amendment: Ended Anglo-Indian nomination to Lok Sabha and State Assemblies.
- Article 371: Special provisions for development boards in Maharashtra and Gujarat.
- Article 371A: Grants special protections to Nagaland regarding customary practices.
- Article 371G: Provides similar protections for Mizoram’s customary laws and practices.
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