Polity Set 63
🔍
📌 Schedules • Tribal Administration
Q.1) The Sixth Schedule contains provisions relating to the administration of tribal areas in which states?
Ans > Assam, Meghalaya, Tripura and Mizoram
- Constitutional Basis: The Sixth Schedule is anchored in Article 244(2) and Article 275(1) of the Indian Constitution, specifically designed to protect indigenous tribal populations from exploitation and preserve their unique cultural practices.
- Autonomous Districts: This schedule allows for the creation of Autonomous District Councils (ADCs) and Regional Councils within these four Northeastern states, granting them significant administrative, legislative, and judicial autonomy.
- Legislative Powers: These councils are empowered to make laws regarding crucial local matters, including land management, forest conservation, shifting cultivation, village administration, inheritance of property, marriage, and social customs.
- Role of the Governor: The Governor of the respective state holds immense power under this schedule. They can organize, reorganize, alter the boundaries, or change the names of these autonomous districts without requiring parliamentary legislation.
📌 Schedules • Division of Powers
Q.2) According to the Seventh Schedule, how many lists are there for the division of powers between the Union and the States?
Ans > Three
- Federal Foundation: Article 246 of the Indian Constitution utilizes the Seventh Schedule to clearly delineate the legislative powers, forming the very bedrock of India’s federal structure.
- The Three Lists: The three distinct lists are the Union List (List I), the State List (List II), and the Concurrent List (List III), each containing specific subjects on which respective governments can formulate laws.
- Preventing Jurisdictional Conflict: The primary objective of this detailed categorization is to prevent legislative conflicts and administrative overlaps between the central government and the state governments.
- Residuary Powers: In case a new subject emerges that is not mentioned in any of these three lists (such as modern Cyber Laws), Article 248 grants the “residuary powers” exclusively to the Union Parliament.
📌 Schedules • Division of Powers
Q.3) According to the Seventh Schedule, which list originally contained 97 subjects?
Ans > Union List
- National Strategic Importance: The Union List comprises subjects that require strict uniformity of legislation across the entire country, handling matters of national security, economic stability, and international relations.
- Key Subjects included: Some of the most critical subjects in this list include Defense of India, Foreign Affairs, Atomic Energy, Banking, Railways, Currency and Coinage, and Interstate Trade and Commerce.
- Exclusive Jurisdiction: Only the Parliament of India (Lok Sabha and Rajya Sabha) has the exclusive constitutional authority to frame, amend, or repeal laws concerning the subjects enumerated in the Union List.
- Current Numerical Status: While the last numbered item remains 97 to maintain the original sequence, various constitutional amendments have added entries, bringing the actual total count of subjects in this list to 100 today.
📌 Schedules • Division of Powers
Q.4) According to the Seventh Schedule, which list originally contained 66 subjects?
Ans > State List
- Local and Regional Governance: The State List contains subjects that are of local or regional importance, allowing individual states to govern based on their unique geographical, cultural, and socio-economic demographics.
- Prominent Subjects: Essential areas of state governance are covered here, including Public Order, State Police, Public Health and Sanitation, Agriculture, Local Government (Panchayats and Municipalities), and State Taxes.
- Reduction by Amendments: Originally containing 66 subjects, the list was reduced to 61 after the 42nd Constitutional Amendment Act of 1976 moved five subjects (including Education and Forests) to the Concurrent List.
- Parliamentary Intervention: Under exceptional circumstances, such as a National Emergency (Article 250) or if the Rajya Sabha passes a special resolution (Article 249), the Union Parliament can legislate on State List subjects.
📌 Schedules • Division of Powers
Q.5) According to the Seventh Schedule, which list originally contained 47 subjects?
Ans > Concurrent List
- Shared Legislative Authority: The Concurrent List represents a zone of shared jurisdiction where both the Union Parliament and State Legislatures possess the constitutional authority to pass laws.
- Crucial Subjects Covered: This list handles subjects where nationwide uniformity is desirable but not strictly essential, such as Criminal Law and Procedure, Marriage and Divorce, Bankruptcy, Trade Unions, and Price Control.
- Impact of the 42nd Amendment: The 42nd Amendment Act (1976) significantly expanded this list from 47 to 52 subjects by transferring crucial areas like Education, Forests, and Weights & Measures from the State List.
- The Doctrine of Repugnancy: Article 254 dictates that if there is a direct conflict between a central law and a state law on a concurrent subject, the central law will prevail, unless the state law received the President’s prior assent.
📌 Schedules • Languages
Q.6) How many languages were originally recognized by the Eighth Schedule?
Ans > 14
- Constitutional Mandate: The Eighth Schedule is linked to Articles 344(1) and 351, which aim to promote the richness of Indian linguistic diversity and ensure the progressive use of these languages.
- The Original Fourteen: The original Constitution in 1950 recognized 14 languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu, and Urdu.
- Significance in Administration: Recognition in this schedule means a language is represented on the Official Languages Commission and can be used as a medium for national-level competitive examinations conducted by the UPSC.
- Evolution to Present Day: Through a series of three major constitutional amendments over several decades, the schedule has expanded significantly to currently recognize 22 official languages, reflecting India’s linguistic pluralism.
📌 Schedules • Languages
Q.7) Which language was added to the Eighth Schedule by the 21st Amendment Act of 1967?
Ans > Sindhi
- Historical Milestone: Enacted in 1967, the 21st Amendment Act marks the very first time the original Eighth Schedule was expanded to accommodate a new language.
- Demographic Representation: The addition of Sindhi was crucial to formally recognize and integrate the massive Sindhi-speaking refugee population that migrated to India following the partition of 1947.
- Stateless Language Context: Unlike most languages in the schedule, Sindhi is relatively unique because it is not the primary administrative language of any specific Indian state, making its constitutional recognition vital for cultural preservation.
- Updating the Tally: This single addition broke the original stagnation of the list, elevating the total number of constitutionally recognized Indian languages from 14 to 15.
📌 Schedules • Languages
Q.8) Konkani, Manipuri and Nepali were added to the Eighth Schedule by which Amendment Act?
Ans > 71st Amendment Act
- Decades of Demand: Passed in 1992, the 71st Amendment was the culmination of long-standing linguistic movements demanding constitutional recognition for languages spoken in distinct border and coastal regions.
- Geographical Diversity: This amendment recognized languages from vastly different terrains: Konkani from the western coastal state of Goa, Manipuri from the Northeast, and Nepali from the Himalayan regions of Darjeeling and Sikkim.
- The Nepali Language Exception: Nepali is highly notable as it is the only language with foreign national origins included in the Eighth Schedule, though it is the mother tongue of millions of Indian Gorkha citizens.
- Expanding the List: By adding these three diverse languages simultaneously, the 71st Amendment brought the total count of recognized languages in the Eighth Schedule up to 18.
📌 Schedules • Languages
Q.9) Bodo, Dogri (not Dongri), Maithili and Santhali were added to the Eighth Schedule by which Amendment Act?
Ans > 92nd Amendment Act
- The Latest Expansion: Enacted in 2003 (and coming into effect in 2004), the 92nd Amendment is the most recent constitutional modification to expand the list of languages in the Eighth Schedule.
- Empowering Tribal Identities: The inclusion of Bodo (spoken in Assam) and Santhali (spoken across Jharkhand, Bengal, and Odisha) represented a massive victory for indigenous tribal communities seeking linguistic legitimacy.
- Northern and Eastern Representation: Dogri brought representation to the Jammu region of Jammu & Kashmir, while Maithili honored the rich cultural and literary heritage of the Mithila region in Bihar.
- The Final Tally: The addition of these four languages successfully pushed the total number in the Eighth Schedule to the current count of 22 officially recognized languages.
📌 Schedules • Land Reforms
Q.10) Which Schedule was added by the 1st Amendment Act (1951) to protect acts and regulations from judicial scrutiny?
Ans > Ninth Schedule
- The First Constitutional Change: Introduced by Prime Minister Jawaharlal Nehru just a year after the Constitution was adopted, the 1st Amendment created the Ninth Schedule specifically to protect vital agrarian reforms.
- Abolition of Zamindari: The immediate practical goal was to shield state laws aimed at abolishing the Zamindari system and implementing land redistribution from being struck down by courts over property rights disputes.
- Article 31B Blanket Protection: The amendment inserted Article 31B, which created a legal “safe harbor”—declaring that any law placed in the Ninth Schedule could not be challenged for violating Fundamental Rights.
- Judicial Review Restored: The absolute immunity of the Ninth Schedule was eventually curbed in 2007 by the Supreme Court (I.R. Coelho case), ruling that laws added after April 24, 1973, are subject to judicial review if they violate the Constitution’s basic structure.
📌 Schedules • Anti-Defection
Q.11) The Tenth Schedule contains provisions relating to disqualification of members on the ground of defection. It was added by which Amendment Act?
Ans > 52nd Amendment Act
- Combating Political Instability: Enacted in 1985 under Prime Minister Rajiv Gandhi, the 52nd Amendment introduced the Tenth Schedule, popularly known as the Anti-Defection Law, to stop the notorious “Aaya Ram Gaya Ram” culture of frequent party-hopping.
- Grounds for Disqualification: An MP or MLA can be disqualified if they voluntarily give up their party membership, or if they vote (or abstain from voting) contrary to the strict directives (whip) issued by their political party.
- Exceptions to the Rule: The law originally allowed defections if one-third of the party split, but the 91st Amendment (2003) changed this—now, a merger is only valid if at least two-thirds of the legislators agree to switch parties.
- Authority of the Presiding Officer: The final authority to decide on defection petitions rests exclusively with the Presiding Officer of the House (Speaker or Chairman), whose decision is subject to judicial review only after a final ruling is made.
📌 Schedules • Panchayati Raj
Q.12) The Eleventh Schedule, specifying the powers of Panchayats, was added by which Amendment Act?
Ans > 73rd Amendment Act
- Grassroots Democracy Realized: Enacted in 1992, the 73rd Amendment Act fulfilled Mahatma Gandhi’s vision of Gram Swaraj by giving formal, constitutional status to Panchayati Raj Institutions (PRIs) across the country.
- Empowering Article 243G: The Eleventh Schedule is directly linked to Article 243G, which mandates state governments to endow Panchayats with the power and authority necessary to function as self-governing local institutions.
- Three-Tier System: The amendment mandated a uniform three-tier system of local governance at the Village, Intermediate (Block/Mandal), and District levels, standardizing rural administration across states.
- Mandatory Reservations: It fundamentally changed rural politics by constitutionally mandating the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and ensuring that at least one-third of all seats are reserved exclusively for women.
📌 Schedules • Panchayati Raj
Q.13) How many matters are listed in the Eleventh Schedule?
Ans > 29 matters
- Scope of Functional Devolution: The 29 functional items listed in the Eleventh Schedule represent the maximum scope of responsibilities that a State Legislature can legally transfer to Panchayati Raj Institutions.
- Focus on Agriculture and Rural Economy: Key subjects include agriculture, minor irrigation, land improvement, animal husbandry, fisheries, and the promotion of khadi, village, and cottage industries.
- Social Welfare and Infrastructure: The list empowers Panchayats to manage rural electrification, safe drinking water, rural housing, primary health centers, and poverty alleviation programs.
- Discretionary Implementation: It is vital to note that transferring all 29 subjects is not mandatory; it relies entirely on the political will of the respective State Legislature to decide exactly how many subjects they actually devolve to local bodies.
📌 Schedules • Municipalities
Q.14) How many matters are listed in the Twelfth Schedule?
Ans > 18 matters
- Urban Local Governance: The Twelfth Schedule was introduced by the 74th Amendment Act of 1992, running parallel to the rural Panchayat system, but focusing exclusively on empowering urban Municipalities.
- Article 243W Connection: This schedule is tied to Article 243W, which outlines the specific functional responsibilities, authority, and powers required for Municipal Corporations, Municipal Councils, and Nagar Panchayats to operate effectively.
- Core Urban Functions: The 18 matters cover essential urban planning subjects, including the regulation of land use, construction of buildings, roads and bridges, and comprehensive slum improvement and upgradation.
- Public Amenities and Services: It charges municipalities with managing vital civic services like public health, solid waste management, fire services, provision of urban amenities (parks, playgrounds), and the registration of births and deaths.
📌 Sources • Federal Structure
Q.15) The feature of the “Federal Scheme” was borrowed from which source?
Ans > Government of India Act of 1935
- The Constitutional Blueprint: The Government of India Act 1935 was a massive, highly detailed document passed by the British Parliament, which eventually provided the foundational structural blueprint for the independent Indian Constitution.
- Three-Fold Distribution: This Act first introduced the concept of dividing legislative powers into a Federal List, a Provincial List, and a Concurrent List, which directly evolved into our current Seventh Schedule.
- Institutional Framework: The framers of the Constitution borrowed the structural mechanics of the federal scheme from this Act because Indian politicians and administrators were already highly familiar with its practical functioning.
- A Centralized Federation: While it introduced provincial autonomy, the 1935 Act maintained heavily centralized control mechanisms, a characteristic that perfectly suited the Indian Constitution makers’ desire for a “strong center” to prevent national balkanization.
📌 Sources • Executive
Q.16) The “Office of governor” was borrowed from which source?
Ans > Government of India Act of 1935
- Historical Origins: The administrative blueprint for the post of the Governor as the executive head of a province was derived directly from the Government of India Act 1935.
- Evolution of the Role: Under the 1935 Act, Governors had immense discretionary powers and acted as agents of the British Crown. In independent India, the Governor was redefined as the constitutional head of the state, though still retaining vital discretionary powers.
- Dual Responsibility: Today, the Governor serves a dual role: they act on the aid and advice of the state Council of Ministers, while simultaneously serving as the crucial representative link between the State Government and the Union Government.
- Appointment vs. Structure: While the structure and office of the Governor came from the 1935 Act, the method of appointment (appointed by the center rather than elected by the people) was actually borrowed from the Canadian Constitution.
📌 Sources • Parliamentary System
Q.17) The “Parliamentary government” feature was borrowed from the constitution of which country?
Ans > Britain
- The Westminster Model: India actively chose to adopt the British “Westminster” model of parliamentary democracy over the American presidential system to prioritize executive accountability over absolute stability.
- Dual Executive System: Borrowed from Britain, this system features a nominal executive head (the President in India, acting like the British Monarch) and a real, functioning executive (the Prime Minister and their cabinet).
- Collective Responsibility: The bedrock principle of this system is that the Council of Ministers is collectively responsible to the popular lower house of the legislature (the Lok Sabha). If they lose a trust vote, the entire government falls.
- Familiarity and Continuity: The Constituent Assembly, led by Dr. B.R. Ambedkar, opted for this system primarily because Indian leaders had gained decades of practical experience operating within parliamentary institutions during British colonial rule.
📌 Sources • Rule of Law
Q.18) “Rule of Law” was borrowed from the constitution of:
Ans > Britain
- A.V. Dicey’s Principles: The concept of the “Rule of Law” was famously popularized by the British jurist A.V. Dicey. It asserts that the law itself is supreme, and no individual or government is above it.
- Equality Before Law: A core tenet borrowed from this British concept is that all citizens, regardless of their rank, wealth, or official status, are subjected to the exact same ordinary laws and courts.
- Embedded in Article 14: In the Indian context, the Rule of Law is constitutionally guaranteed under Article 14, which promises equality before the law and equal protection of the laws within the territory of India.
- Basic Structure Doctrine: The Supreme Court of India has elevated this borrowed concept by declaring the Rule of Law to be a part of the “Basic Structure” of the Constitution, meaning it can never be destroyed, even by a constitutional amendment.
📌 Sources • Citizenship
Q.19) “Single citizenship” is a feature borrowed from:
Ans > Britain
- Fostering National Unity: Unlike the United States, where a person is a citizen of both their state (e.g., Texas) and the country, India borrowed the British model of a unified, single national citizenship to promote immense fraternity.
- Eradicating Regionalism: The framers consciously chose this to combat India’s deep-rooted regional, linguistic, and cultural divisions, ensuring that provincial loyalties would not override national allegiance.
- Uniform Rights Worldwide: Under Part II (Articles 5-11) of the Constitution, every Indian enjoys the exact same political and civil rights across the entire nation, regardless of which state they were born in or currently reside.
- Freedom of Movement: Single citizenship ensures that barriers cannot be erected by individual states against citizens from other regions, guaranteeing the fundamental right to move freely and settle anywhere in the country.
📌 Sources • Judiciary
Q.20) The concept of “prerogative writs” was borrowed from the constitution of:
Ans > Britain
- Fountains of Justice: In British legal history, prerogative writs were extraordinary remedies issued by the King, who was considered the “fountain of justice,” to correct severe administrative or judicial errors.
- Constitutional Empowerment: India borrowed this powerful concept and enshrined it in Article 32 (for the Supreme Court) and Article 226 (for the High Courts) to serve as the ultimate enforcement mechanism for Fundamental Rights.
- The Five Writs: The Indian judiciary issues five specific types of British writs: Habeas Corpus (to produce a detained body), Mandamus (to command a public official), Prohibition, Certiorari, and Quo-Warranto.
- The Heart and Soul: Dr. B.R. Ambedkar famously referred to Article 32 (the power to issue these writs) as the “heart and soul” of the Constitution because rights are entirely meaningless without a robust, rapid legal remedy to enforce them.
📌 Sources • Fundamental Rights
Q.21) The “Fundamental rights” feature was borrowed from:
Ans > US Constitution
- The American Bill of Rights: The concept of writing down a list of inalienable human rights into the supreme law of the land was heavily inspired by the United States’ historic Bill of Rights.
- The Magna Carta of India: Enshrined in Part III (Articles 12 to 35), these rights are designed to protect the liberties of the citizens against the arbitrary and absolute exercise of power by the state executive or legislature.
- Justiciable Nature: Just like in the US, Indian Fundamental Rights are inherently justiciable. This means that if a citizen’s rights are violated, they can directly bypass lower courts and approach the High Courts or the Supreme Court for immediate redressal.
- Reasonable Restrictions: Unlike the original US Constitution where rights were framed in absolute terms (leaving courts to define limits), the Indian Constitution specifically details “reasonable restrictions” on these rights to balance individual liberty with national security and public order.
📌 Sources • Judiciary
Q.22) “Independence of judiciary” and “judicial review” were borrowed from the constitution of:
Ans > USA
- Separation of Powers: Inspired deeply by the American constitutional framework, India established an independent judiciary that is structurally insulated from the pressures and influences of the executive and legislative branches.
- The Power of Judicial Review: Borrowed from the landmark US Supreme Court case Marbury v. Madison, judicial review is the power of the courts to examine legislative acts and executive orders and declare them unconstitutional (void) if they violate the Constitution.
- Security for Judges: To guarantee this independence, the Constitution provides Supreme Court and High Court judges with extraordinary security of tenure; they can only be removed through a rigorous parliamentary impeachment process.
- Guardian of the Constitution: This borrowed feature establishes the Supreme Court of India as the final, ultimate interpreter and the supreme guardian of the Constitution, keeping the powers of the Parliament strictly in check.
📌 Sources • Impeachment
Q.23) The method of “impeachment of the president” was borrowed from:
Ans > US Constitution
- A Rigorous Removal Process: To ensure the Head of State enjoys stability and cannot be ousted for trivial political reasons, India adapted the stringent impeachment procedure found in the United States Constitution.
- Sole Constitutional Ground: According to Article 61 of the Indian Constitution, the President can only be impeached on one singular, exceptionally grave ground: “violation of the Constitution.”
- The Procedural Steps: The impeachment charges can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha), but must be signed by one-fourth of the members of that house, providing a 14-day advance notice to the President.
- The Special Majority Requirement: Passing the impeachment requires an absolute supermajority—it must be approved by two-thirds of the total membership of both Houses, making it one of the most difficult legislative procedures in the Indian Constitution.
📌 Sources • DPSP
Q.24) “Directive Principles of State Policy” were borrowed from the constitution of:
Ans > Ireland
- The Irish and Spanish Connection: The framers of the Indian Constitution borrowed this unique concept from the Irish Constitution of 1937, who had in turn adapted it from the Spanish Constitution.
- Goal of a Welfare State: Enshrined in Part IV (Articles 36-51), the primary objective of these directives is to establish profound social and economic democracy, ensuring India transitions into a true welfare state rather than merely a police state.
- Non-Justiciable Guidelines: Unlike Fundamental Rights, Directive Principles are non-justiciable. Citizens cannot take the government to court to legally enforce them; they are moral and political obligations on the state.
- Fundamental in Governance: Despite being legally unenforceable, Article 37 explicitly states that these principles are “fundamental in the governance of the country,” and it is the paramount duty of the state to apply these principles while making laws and policies.
📌 Sources • Rajya Sabha
Q.25) “Nomination of members to Rajya Sabha” was borrowed from the constitution of:
Ans > Ireland
- Expertise Over Politics: The concept of nominating distinguished citizens to the upper house without requiring them to fight electoral battles was inspired directly by the composition of the Irish Senate (Seanad Éireann).
- The Presidential Prerogative: Under Article 80 of the Constitution, the President of India is empowered to nominate exactly 12 members to the Rajya Sabha (the Council of States).
- Specific Categories of Excellence: These nominations are strictly reserved for individuals who have demonstrated special knowledge or immense practical experience in four distinct fields: Art, Literature, Science, and Social Service.
- Elevating Legislative Discourse: The core philosophical rationale behind this borrowing is to enrich parliamentary debates by bringing in highly distinguished voices and subject-matter experts who generally avoid the grueling, partisan nature of direct elections.
📌 Sources • Federalism
Q.26) “Federation with a strong Centre” was borrowed from the constitution of:
Ans > Canada
- The Holding-Together Model: Unlike the United States, which is a “coming-together” federation of formerly independent states, India adopted the Canadian model, which is a “holding-together” federation designed with a deliberate, powerful centripetal bias.
- A Union, Not an Agreement: Article 1 deliberately describes India as a “Union of States.” Dr. Ambedkar clarified this means the federation is not the result of an agreement among states, and crucially, states possess zero right to secede from the Union.
- Centralized Governor Appointments: In line with the Canadian system, State Governors in India are not directly elected by the local population; instead, they are appointed by the President (acting on the center’s advice), acting as agents of the Union.
- Unitary Conversion During Emergencies: The most striking feature of this strong-center model is that during a National Emergency, the federal structure automatically and constitutionally converts into a completely unitary system, transferring supreme power to the Union Parliament.
📌 Sources • Residuary Powers
Q.27) “Vesting of residuary powers in the Centre” was borrowed from:
Ans > Canadian Constitution
- Article 248 Mechanism: Following the Canadian precedent, Article 248 of the Indian Constitution vests all “residuary powers”—the authority to legislate on any matter not enumerated in the Union, State, or Concurrent lists—exclusively with the Central Parliament.
- Contrasting with Federal Rivals: This stands in stark contrast to traditional federations like the USA and Australia, where all undefined, residuary powers are left to the individual states to maximize local autonomy.
- Future-Proofing the Constitution: This provision was essential to handle unforeseen modern subjects that the 1950 constitution-makers could never have predicted, such as Information Technology, Space Exploration, and Cyber Laws, naturally bringing them under central control.
- Financial and Taxation Monopoly: Crucially, this residuary power also extends to taxation. The Parliament has the exclusive constitutional authority to impose any new form of tax that is not explicitly mentioned in the State or Concurrent lists.
📌 Sources • Concurrent List
Q.28) The “Concurrent List” was borrowed from the constitution of:
Ans > Australia
- The Zone of Shared Power: Borrowed from the Australian Constitution, the Concurrent List represents an innovative “twilight zone” of legislative power where both the Union Parliament and State Legislatures possess equal competence to enact laws.
- Flexibility and Local Adaptation: It was designed to provide nationwide uniformity on fundamental legal principles, while still allowing individual states the flexibility to modify laws to suit their specific regional, cultural, or demographic conditions.
- Resolving Legislative Deadlocks: The Australian influence included a strict conflict resolution mechanism (Article 254): if a state law and a central law directly contradict each other on a concurrent subject, the central law will almost always override the state law.
- Crucial Governance Subjects: This list handles vital issues requiring collaborative governance, including criminal procedure, marriage laws, protection of wildlife, economic planning, and, post-1976, education and forest management.
📌 Sources • Parliament
Q.29) The provision for a “joint sitting of the two Houses of Parliament” was borrowed from:
Ans > Australian Constitution
- Breaking Legislative Deadlocks: Inspired by the Australian legislative mechanism, the Constitution provides for a joint sitting to resolve irreconcilable disagreements between the Lok Sabha and the Rajya Sabha over the passage of an ordinary bill.
- The Presidential Summons: Under Article 108, the President of India can summon a joint sitting if a bill is outright rejected by the other house, if they completely disagree on the amendments, or if six months pass without the bill being passed.
- Exclusions to the Rule: It is critical to note that a joint sitting can never be summoned to resolve deadlocks over Money Bills or Constitutional Amendment Bills; it strictly applies only to Ordinary and Financial Bills.
- The Speaker’s Authority and the Numbers Game: The joint sitting is presided over by the Speaker of the Lok Sabha. Because the Lok Sabha has more than double the members of the Rajya Sabha, the will of the lower house (and thereby the ruling government) almost always prevails in these sessions.
📌 Sources • Emergency Provisions
Q.30) “Suspension of Fundamental Rights during Emergency” was borrowed from the constitution of:
Ans > Weimar Germany
- The German Precedent: The framers were influenced by the Weimar Republic Constitution of Germany, which contained highly centralized emergency provisions allowing for the drastic suspension of civil liberties during times of severe national crisis.
- Automatic Suspension (Article 358): The moment a National Emergency is declared on the grounds of war or external aggression, Article 358 triggers the automatic, instantaneous suspension of the six fundamental freedoms guaranteed under Article 19 (like freedom of speech and assembly).
- Presidential Order (Article 359): For all other fundamental rights, the Constitution does not suspend the rights themselves, but Article 359 allows the President to issue an order suspending the right of citizens to move to the courts to enforce them.
- The 44th Amendment Safeguard: Following the abuses of the 1975 Emergency, the 44th Amendment Act introduced a critical safeguard: the rights guaranteed under Article 20 (protection in respect of conviction) and Article 21 (protection of life and personal liberty) can absolutely never be suspended, even during the most severe emergency.
📌 Quick Summary — Polity Set 63
- Sixth Schedule: Administers tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Seventh Schedule Lists: Contains Three lists for dividing powers between Union and States.
- Union List Subjects: Originally contained 97 subjects of national importance.
- State List Subjects: Originally contained 66 subjects for local governance.
- Concurrent List Subjects: Originally contained 47 subjects of shared jurisdiction.
- Original Languages: The Eighth Schedule originally recognized 14 languages.
- 21st Amendment Act: Added Sindhi to the Eighth Schedule in 1967.
- 71st Amendment Act: Added Konkani, Manipuri, and Nepali to the Eighth Schedule.
- 92nd Amendment Act: Added Bodo, Dogri, Maithili, and Santhali to the Eighth Schedule.
- Ninth Schedule: Added by the 1st Amendment Act (1951) to protect land reforms.
- Tenth Schedule: Added by the 52nd Amendment Act containing anti-defection laws.
- Eleventh Schedule: Added by the 73rd Amendment Act, specifying Panchayat powers.
- Panchayat Matters: The Eleventh Schedule contains 29 functional items.
- Municipal Matters: The Twelfth Schedule contains 18 functional items.
- Federal Scheme Source: Borrowed directly from the Government of India Act of 1935.
- Office of Governor Source: Borrowed from the Government of India Act of 1935.
- Parliamentary Government: Borrowed from the Constitution of Britain.
- Rule of Law Source: Borrowed from the Constitution of Britain.
- Single Citizenship: Borrowed from the Constitution of Britain.
- Prerogative Writs: Borrowed from the Constitution of Britain.
- Fundamental Rights: Heavily inspired by the US Constitution.
- Judicial Independence: Independence and judicial review borrowed from the USA.
- Impeachment of President: The rigorous removal method was borrowed from the US.
- DPSP Source: Directive Principles of State Policy were borrowed from Ireland.
- Rajya Sabha Nominations: Borrowed from the Irish Constitution’s method of expertise selection.
- Strong Centre Federation: The “holding-together” federal model was borrowed from Canada.
- Residuary Powers: Vesting undefined powers in the Centre was borrowed from Canada.
- Concurrent List Source: The zone of shared legislative power was borrowed from Australia.
- Joint Sitting of Parliament: The deadlock resolution mechanism was borrowed from Australia.
- Emergency Suspensions: Suspension of Fundamental Rights during Emergency was borrowed from Weimar Germany.
Timer ⏳
15:00
Progress (0/30)
Click any card to flip and reveal the summarized answer!
Smart Review: Questions you got wrong appear here for focused study.