Polity Set 198
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📌 Supreme Court • Judges Strength
Q.1) The Constitution originally fixed the strength of the Supreme Court at 8 (one Chief Justice and 7 other judges). Which body is empowered by Article 124(1) to increase the number of judges in the Supreme Court?
Ans > The Parliament by law
- Constitutional Authority and Flexibility: Article 124(1) intentionally left the ultimate size of the Supreme Court to be determined by Parliament rather than fixing a permanent number in the constitutional text, providing necessary flexibility.
- Historical Evolution of Court Strength: When the Supreme Court was inaugurated in 1950, it consisted of just eight judges. Parliament passed several acts over the decades to increase this, bringing the maximum strength to thirty-four (including the CJI) via the 2019 Amendment Act.
- Addressing Judicial Pendency: The primary driver behind granting Parliament this power is the continuous struggle against judicial backlog, ensuring the apex court remains adequately staffed.
📌 Supreme Court • Acting CJI
Q.2) Under Article 126, if the office of the Chief Justice of India is vacant, or the CJI is temporarily absent, who appoints an “Acting Chief Justice”?
Ans > The President of India
- Ensuring Institutional Continuity: Article 126 is a critical safeguard preventing any administrative or judicial vacuum at the highest level of the Indian judiciary.
- The Role of the Executive: The power to appoint the Acting Chief Justice is explicitly vested in the President. While convention dictates choosing the senior-most judge, the text allows any Supreme Court judge to be appointed.
- Administrative and Judicial Functions: An Acting Chief Justice performs all statutory and administrative duties (like “Master of the Roster”), guaranteeing uninterrupted operations.
📌 Supreme Court • Ad hoc Judges
Q.3) Under Article 127, if there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, “Ad hoc” judges can be appointed. Who appoints them?
Ans > The Chief Justice of India, with the previous consent of the President
- Maintaining the Quorum Requirement: Crucial when forming larger Constitutional Benches while simultaneously managing routine appellate cases.
- Consultation and Consent Mechanism: Requires the CJI to obtain previous consent from the President and consult the Chief Justice of the specific High Court from which the judge is requisitioned.
- Qualifications and Duties: Only a qualified High Court judge can be designated. They enjoy all jurisdiction, powers, and privileges of a regular SC judge during their term.
📌 Supreme Court • Retired Judges
Q.4) Under Article 128, the Chief Justice of India can request a retired judge of the Supreme Court or a retired judge of a High Court to act as a judge of the Supreme Court for a temporary period. This requires the previous consent of the President and:
Ans > The person to be so appointed
- Leveraging Judicial Experience: Pragmatic tool to utilize the wisdom of retired judges during extraordinary case backlogs or when highly specialized legal knowledge is demanded.
- The Principle of Voluntary Service: Appointment strictly requires the explicit consent of the person being appointed. They cannot be compelled to return to the bench.
- Status and Allowances: They act as SC judges and enjoy full judicial powers to deliver binding verdicts, though they are not technically deemed permanent judges for administrative purposes.
📌 Supreme Court • Seat of Court
Q.5) Article 130 declares Delhi as the seat of the Supreme Court. However, it authorizes the Chief Justice of India to appoint other place or places as the seat of the Supreme Court. This decision requires the approval of:
Ans > The President of India
- Delhi as the Default Location: Explicitly designates Delhi to ensure proximity to the central executive and legislative branches.
- Flexibility for Regional Access: Authorizes the CJI to address the geographical size of India, acknowledging the hurdles litigants from remote areas face traveling to Delhi.
- Executive Oversight and Approval: Mandatory approval from the President ensures executive assessment regarding infrastructure, security, and funding feasibility.
📌 Supreme Court • Jurisdiction
Q.6) Which Article empowers the Parliament to enlarge the jurisdiction of the Supreme Court with respect to any of the matters in the Union List?
Ans > Article 138
- Parliamentary Supremacy in Legislation: Emphasizes Parliament’s supremacy in defining the SC’s authority over disputes arising from the Union List.
- Enhancing the Court’s Capabilities: Ensures the Supreme Court can adapt to modern challenges (cyber laws, new federal disputes) without requiring a constitutional amendment.
- Distinction from State Powers: Jurisdiction can also be enlarged over any matter if the Union and State governments agree, provided Parliament passes a law.
📌 High Court • Appointments
Q.7) Who appoints the Judges of a State High Court under Article 217?
Ans > The President of India
- Ensuring Judicial Independence: Vesting appointing authority in the President rather than the Governor insulates the state judiciary from local political pressures.
- The Collegium System Evolution: Today, the President’s appointment is practically bound by the recommendations of the Supreme Court Collegium (following the 1993 and 1998 Judges Cases).
- Age and Qualification Mandates: Candidates must have held judicial office or been an advocate of an HC for 10 years. Retirement age is fixed at 62 years.
📌 High Court • Transfers
Q.8) Article 222 empowers the President to transfer a Judge from one High Court to any other High Court. This transfer can only be done after consultation with the:
Ans > Chief Justice of India
- Balancing Independence and Administration: Promotes national integration and prevents local vested interests, though it inherently carries risks of executive misuse.
- Safeguards Against Arbitrary Transfers: “Consultation” requires the concurrence of the CJI and a Collegium of four senior-most SC judges, ensuring transfers are strictly for administrative efficiency.
- Compensatory Allowances: A transferred judge is entitled to a compensatory allowance determined by Parliament to soften relocation hardships.
📌 High Court • Acting Chief Justice
Q.9) Under Article 223, who appoints an “Acting Chief Justice” of a High Court when the office is vacant?
Ans > The President of India
- Preventing Administrative Vacuums: Mirrors Article 126 for the state level, ensuring daily operations of the highest state court do not grind to a halt.
- Presidential Authority Over State Courts: Vested in the President, reinforcing central executive oversight across all levels of the higher judiciary.
- Temporary Nature and Duties: The appointee temporarily assumes all administrative responsibilities (listing cases, managing staff) until a permanent CJ is appointed.
📌 High Court • Additional Judges
Q.10) Under Article 224, the President can appoint duly qualified persons as “Additional Judges” of a High Court for a temporary period not exceeding two years. What is the condition for such an appointment?
Ans > A temporary increase in the business of the High Court or arrears of work
- Tackling Judicial Arrears: A practical solution to sudden surges in litigation or accumulation of pending cases without permanently altering sanctioned court strength.
- Strict Time Constraints: Appointments cannot exceed two years, forcing continual reassessment of the actual need for extra personnel.
- Equal Powers with Permanent Judges: Additional Judges possess the exact same judicial powers, jurisdiction, and privileges as permanent judges during their term.
📌 Center-State Relations • Grants-in-aid
Q.11) Article 273 provides for Grants-in-aid to specific states in lieu of export duty on jute and jute products. Which states receive this grant?
Ans > Assam, Bihar, Odisha, and West Bengal
- Historical and Economic Context: Rooted in the partition of India which left jute-producing areas in East Pakistan and mills in India, disrupting local economies.
- Compensatory Financial Mechanism: Mandated grants to compensate these states for the loss of vital revenue when export duties were centralized under the new Constitution.
- Temporary Transitional Nature: Intended to continue only for 10 years or until the export duty on jute was abolished, giving states time to stabilize independent revenue.
📌 Center-State Relations • Tax Exemption
Q.12) Which Article ensures the exemption of the property of the Union from all taxes imposed by a State or by any authority within a State?
Ans > Article 285
- Doctrine of Immunity of Instrumentalities: Ensures sovereign properties of the Central Government are protected from state or local taxation, preventing states from hindering federal operations.
- Preserving Federal Supremacy: Maintains the financial supremacy of the Center, protecting assets like railways and national highways from chaotic local tax burdens.
- Parliamentary Override Power: Allows Parliament to pass a specific law permitting state taxation on Union properties if deemed necessary.
📌 Center-State Relations • State Exemption
Q.13) Conversely, which Article guarantees the exemption of the property and income of a State from Union taxation?
Ans > Article 289
- Reciprocal Federal Protection: A counterweight to Article 285, embodying reciprocal immunity by ensuring state property and income are exempt from Union taxation.
- Exclusion of Commercial Activities: Immunity does not automatically extend to trade or business operations conducted by a state government; Parliament can tax such commercial income.
- Protecting Sovereign Functions: Prevents states from gaining unfair commercial advantages while securely guarding core public funds for administration and welfare.
📌 GST Council • Voting Weightage
Q.14) In the GST Council (Article 279A), what is the voting weightage assigned to the Central Government?
Ans > One-third of the total votes cast
- Balancing Federal Power Dynamics: The 1/3rd weightage ensures the Center has a substantial voice but cannot dictate terms unilaterally against the states.
- The 101st Amendment Impact: Merged previously exclusive taxation powers into a shared forum; this specific weightage convinced states to surrender fiscal autonomy.
- Safeguarding State Interests: The remaining two-thirds weightage is distributed among states, guaranteeing that major reforms require broad consensus.
📌 GST Council • Decision Majority
Q.15) Every decision of the GST Council must be taken at a meeting by a majority of not less than what fraction of the weighted votes of the members present and voting?
Ans > Three-fourths
- Mandating Broad Consensus: The 75% threshold ensures that neither the Center nor the States can operate in isolation, forcing negotiation and compromise.
- The Mutual Veto Power: Because the Center holds 33.33%, it inherently possesses a veto. States (66.67%) cannot reach 75% without the Center, and vice-versa.
- Protecting Smaller States: Prevents larger states from forming a cartel to harm smaller ones, demanding cross-country consensus for tax alterations.
📌 Special Provisions • Maharashtra & Gujarat
Q.16) Part XXI contains “Temporary, Transitional and Special Provisions.” Which Article provides special provisions for the states of Maharashtra and Gujarat (e.g., establishing separate development boards for Vidarbha and Saurashtra)?
Ans > Article 371
- Addressing Regional Imbalances: Enacted to address historical economic disparities in regions like Vidarbha, Marathwada, Saurashtra, and Kutch.
- Special Responsibilities of the Governor: Empowers the President to authorize Governors to use discretionary power to establish separate development boards.
- Equitable Allocation of Resources: The Governor ensures fair distribution of development funds and technical education/employment opportunities to prevent marginalization.
📌 Special Provisions • Assam
Q.17) Which Article provides special provisions for the state of Assam, allowing the President to provide for the constitution of a committee of the Legislative Assembly consisting of members elected from the Tribal Areas?
Ans > Article 371B
- Protecting Tribal Autonomy: Inserted via the 22nd Amendment (1969) to recognize the distinct identity of Assam’s tribal population.
- Formation of the Legislative Committee: Guarantees that a committee consisting of members elected specifically from the Tribal Areas vets relevant legislation.
- Balancing State and Tribal Interests: Prevents the non-tribal majority in the legislature from inadvertently harming customary rights and cultural practices of indigenous communities.
📌 Special Provisions • Manipur
Q.18) Which Article provides special provisions for the state of Manipur, allowing the President to provide for the constitution of a committee of the Legislative Assembly consisting of members elected from the Hill Areas?
Ans > Article 371C
- Geographical and Demographic Divide: Introduced by the 27th Amendment (1971) recognizing the split between the Meitei-dominated Imphal Valley and the tribal Hill Areas.
- Empowering the Hill Areas: Committee reviews legislation impacting hill districts, ensuring tribal priorities are not sidelined by valley representatives.
- Enhanced Role of the Governor: The Governor bears special responsibility to secure the committee’s functioning and reports directly to the President annually.
📌 Special Provisions • Andhra & Telangana
Q.19) Which Article provides special provisions for the state of Andhra Pradesh or Telangana, ensuring equitable opportunities in public employment and education?
Ans > Article 371D
- Resolving the Mulki Rules Crisis: Introduced via the 32nd Amendment (1973) as a political compromise following violent agitations over preferential local employment.
- Presidential Power for Equitable Opportunities: Allows the President to divide the state into local zones and reserve government jobs and educational seats for local candidates.
- Creation of an Administrative Tribunal: Established a specialized tribunal to handle complex regional employment disputes swiftly, originally bypassing the High Court.
📌 Special Provisions • Sikkim
Q.20) Which Article provides special provisions for the state of Sikkim?
Ans > Article 371F
- Facilitating Integration into India: Enacted through the 36th Amendment (1975), marking the integration of the former Kingdom into the Indian Union.
- Protecting Old Laws and Customs: Guarantees that old laws and property rights remain valid unless explicitly repealed, maintaining social stability.
- Unique Legislative Assembly Representation: Protects rights by reserving Assembly seats for the Bhutia-Lepcha communities, and notably, one seat for the Sangha (Buddhist monastic community).
📌 National Emergency • Proclamation Safeguards
Q.21) Under Article 352, the President can proclaim a National Emergency only after receiving a written recommendation from the Cabinet. Which Constitutional Amendment introduced this safeguard?
Ans > 44th Amendment Act (1978)
- Preventing Executive Overreach: A direct response to the 1975 Emergency proclaimed solely on the advice of the Prime Minister, without broader Cabinet consultation.
- Defining the Cabinet’s Role: Formally introduced the word “Cabinet” into the Constitution, ensuring suspension of rights requires collective deliberation.
- Strengthening Democratic Safeguards: Mandating written advice creates a permanent record, demanding maximum accountability for drastic emergency measures.
📌 Financial Emergency • Approval
Q.22) A proclamation of Financial Emergency (Article 360) must be approved by both Houses of Parliament within two months. What kind of majority is required for this approval?
Ans > Simple Majority
- Balancing Urgency and Oversight: The two-month window provides time to act swiftly during an economic crisis while ensuring eventual legislative review.
- The Rationale for Simple Majority: Unlike a National Emergency, a Financial Emergency doesn’t suspend fundamental civil liberties, hence standard Simple Majority is sufficient.
- Indefinite Duration Without Repeated Approvals: Once approved, it remains in effect indefinitely without the need for periodic re-approval every six months.
📌 Financial Emergency • Salary Reductions
Q.23) During a Financial Emergency, the President can issue directions for the reduction of salaries and allowances of any class of persons serving the Union. Does this include the Judges of the Supreme Court and High Courts?
Ans > Yes, the President can direct the reduction of their salaries.
- Overriding Institutional Independence: Article 360 creates a rare exception to the standard constitutional safeguard that protects judicial salaries.
- Scope of Executive Financial Control: Explicitly allows the reduction of salaries of any class of persons serving the Union, including the usually untouchable higher judiciary.
- Ensuring Shared Economic Sacrifice: Prioritizes national financial survival, mandating that no public servant class is immune from austerity sacrifices.
📌 Financial Emergency • History
Q.24) How many times has a Financial Emergency (Article 360) been declared in India?
Ans > Zero
- A Testament to Economic Resilience: Despite droughts, wars, and recessions, standard fiscal policies have stabilized the economy without resorting to this constitutional extreme.
- The 1991 Balance of Payments Crisis: Even during the 1991 crisis with minimal forex reserves, structural reforms and pledging gold averted the need for an emergency.
- Political Reluctance and State Autonomy: It acts as a “nuclear option” because it strips states of financial autonomy, causing immense federal friction.
📌 President’s Rule • Approval Timeframe
Q.25) A proclamation imposing President’s Rule (Article 356) must be approved by both Houses of Parliament within what timeframe?
Ans > 2 months
- Limiting Executive Dominance: Acts as a critical check against the arbitrary dismissal of opposition-ruled state governments by the center.
- The Two-Month Operational Window: Balances immediate intervention needs with democratic oversight, forcing public parliamentary justification.
- Consequences of Lapsing: If not approved within two months, the proclamation lapses, and the dismissed state government must be reinstated.
📌 President’s Rule • Required Majority
Q.26) What majority is required in Parliament to approve the proclamation of President’s Rule?
Ans > Simple Majority
- Ease of Legislative Approval: Framers viewed maintaining constitutional order in a state as a standard duty, not requiring a Special Majority.
- Historical Misuse and Political Weaponization: The low threshold led to decades of frequent misuse by central governments to dismiss politically inconvenient state governments.
- The S.R. Bommai Judgment Safeguard: Supreme Court (1994) ruled that imposition is subject to rigorous judicial review despite parliamentary simple majority approval.
📌 President’s Rule • Revocation
Q.27) A proclamation of National Emergency or President’s Rule can be revoked by the President at any time. Does the revocation of President’s Rule require parliamentary approval?
Ans > No, it can be revoked by a subsequent proclamation by the President without parliamentary approval.
- Executive Agility in Restoration: Allows immediate agility to restore popular democracy the moment the executive assesses normalcy has returned.
- Facilitating Democratic Transitions: Frequently used immediately after state assembly elections to instantly clear the pathway for a new Chief Minister without waiting for Parliament.
- Asymmetrical Constitutional Mechanics: Lifting an emergency and restoring democratic rights intentionally faces absolutely no legislative hurdles.
📌 National Emergency • Revocation Process
Q.28) The 44th Amendment Act introduced a new safeguard regarding the revocation of a National Emergency. It mandated that the President MUST revoke a National Emergency if a resolution disapproving its continuation is passed by the:
Ans > Lok Sabha
- Correcting Historical Vulnerabilities: Shifted the power dynamic to protect civil liberties; previously, Parliament had no power to demand termination.
- The Primacy of the Lok Sabha: The directly elected house of the people holds exclusive power; if representatives demand it, the executive is bound to honor it immediately.
- Creating a Binding Obligation: Removes discretionary power from the executive, ensuring an Emergency only survives while it holds Lok Sabha confidence.
📌 National Emergency • Notice for Disapproval
Q.29) To move a resolution disapproving the continuation of a National Emergency, a written notice must be given to the Speaker (or the President if the House is not in session) by at least what fraction of the total members of the Lok Sabha?
Ans > One-tenth
- Initiating Democratic Pushback: Ensures a minority group of MPs has the constitutional leverage to force a formal debate on ongoing emergency powers.
- Balancing Frivolity and Accessibility: One-tenth is low enough for unified opposition pushback, but high enough to prevent fringe factions from paralyzing the government.
- Bypassing Executive Delays: If prorogued, notice goes directly to the President, guaranteeing the pushback mechanism remains active year-round.
📌 National Emergency • Special Sitting
Q.30) Once such a written notice is given by 1/10th of the Lok Sabha members, a special sitting of the House MUST be held within how many days to consider the resolution?
Ans > 14 days
- Guaranteeing Immediate Action: The strict 14-day timeline prevents government delaying tactics, forcing them to defend emergency measures swiftly.
- Protecting Fundamental Rights: Rapid scrutiny limits the unjustified curtailment of suspended civil liberties and Article 19 rights.
- The Mechanics of the Special Sitting: Focuses the debate entirely on the necessity of the emergency, free from regular legislative distractions, forcing a clear vote.
📌 Quick Summary — Polity Set 198
- Supreme Court Strength: Parliament can increase the number of judges by law (Art 124).
- Acting CJI: Appointed by the President if the office is vacant (Art 126).
- Ad hoc Judges: Appointed by CJI with President’s consent if quorum is lacking (Art 127).
- Retired SC Judges: Can act as SC judges with consent of the President and the appointee (Art 128).
- Seat of Court: Designated outside Delhi by CJI requires President’s approval (Art 130).
- SC Jurisdiction: Parliament can enlarge SC jurisdiction over Union List matters (Art 138).
- HC Judges Appointment: Appointed by the President (Art 217).
- HC Judge Transfers: President can transfer HC judges after consulting the CJI (Art 222).
- Acting CJ of HC: Appointed by the President when vacant (Art 223).
- HC Additional Judges: Appointed for max 2 years due to temporary increase in work (Art 224).
- Jute Export Grants: Grants-in-aid to Assam, Bihar, Odisha, and West Bengal (Art 273).
- Union Property Tax: Exempt from state/local taxation (Art 285).
- State Property Tax: Exempt from Union taxation, except for commercial activities (Art 289).
- GST Council Center Vote: Central Government holds one-third weightage (Art 279A).
- GST Decisions: Require a three-fourths (75%) majority.
- Special Prov (Maha & Guj): Development boards for Vidarbha & Saurashtra under Governor (Art 371).
- Special Prov (Assam): Committee of Assembly members from Tribal Areas (Art 371B).
- Special Prov (Manipur): Committee of Assembly members from Hill Areas (Art 371C).
- Special Prov (AP/Telangana): Equitable opportunities in employment/education & Tribunal (Art 371D).
- Special Prov (Sikkim): Integration protections and unique Assembly representations (Art 371F).
- National Emergency: Requires a written recommendation from the Cabinet (44th Amendment).
- Financial Emergency Approval: Needs a Simple Majority in Parliament within 2 months (Art 360).
- Financial Emergency Salaries: President can reduce Judges’ salaries.
- Financial Emergency Record: Has never been declared in India (Zero times).
- President’s Rule Timeframe: Must be approved by Parliament within 2 months.
- President’s Rule Majority: Requires a Simple Majority for parliamentary approval.
- Revocation of President’s Rule: Revoked by the President without needing parliamentary approval.
- Revoking National Emergency: President must revoke if Lok Sabha passes a disapproval resolution.
- Notice to Disapprove Emergency: Requires written notice by 1/10th of Lok Sabha members.
- Emergency Special Sitting: Must be held within 14 days of giving notice.
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