Polity Set 87
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📌 Constitution • Amendment
Q.1) A bill for the amendment of the Constitution under Article 368 can be introduced in:
Ans > Either House of the Parliament
- Constitutional Authority: Article 368 in Part XX of the Indian Constitution grants the Parliament the absolute power to amend the Constitution and dictates the specific procedure to be followed. This mechanism ensures the Constitution remains a dynamic document capable of adapting to changing societal needs over time.
- Introduction Mechanism: Unlike Money Bills, which are strictly restricted to originating in the Lok Sabha, a Constitutional Amendment Bill holds a unique legislative status and can be introduced in either the Lok Sabha or the Rajya Sabha. It cannot, under any circumstances, be introduced in any state legislature.
- Ministerial or Private Introduction: The amendment bill can be formally introduced by either a government minister or a private member (an MP who is not a minister). Notably, it does not require any prior permission or recommendation from the President of India to be tabled in the house.
- Special Majority Requirement: Once introduced, the bill must be passed in each House by a special majority. This means it requires the support of an absolute majority of the total membership of that specific House, coupled with a majority of not less than two-thirds of the members of that House who are present and actively voting.
📌 Constitution • Amendment
Q.2) Does a Constitutional Amendment Bill require the prior permission of the President for introduction?
Ans > No, it does not require prior permission of the President
- Distinct from Money Bills: While certain legislative documents, such as Money Bills (Article 110) or bills altering state boundaries (Article 3), mandate the prior recommendation of the President before they can be introduced in Parliament, Constitutional Amendment Bills are completely exempt from this preliminary requirement.
- Independent Parliamentary Power: The framers of the Constitution intentionally designed the amendment process to establish the supremacy of the Parliament in constituent matters. By removing the need for prior Presidential consent, the legislative branch maintains independent authority to initiate constitutional changes.
- The 24th Amendment Act Mandate: The 24th Constitutional Amendment Act of 1971 drastically altered the President’s role at the end of the legislative process. It made it constitutionally obligatory for the President to give his assent to a Constitutional Amendment Bill once it is passed by both Houses.
- Elimination of Veto Power: Because of the 24th Amendment, when a Constitutional Amendment Bill is presented to the President after being duly passed, they cannot withhold assent, nor can they return the bill to Parliament for reconsideration. The President’s signature is a mandatory formality.
📌 Constitution • Federalism
Q.3) If a Constitutional Amendment Bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of:
Ans > Not less than half of the states by a simple majority
- Protecting the Federal Structure: The Constitution provides a highly rigid amendment process for provisions that impact the federal structure of India, such as the election of the President, the distribution of legislative powers between the Union and States, or the representation of states in Parliament.
- State Ratification Requirement: If a bill seeks to alter these entrenched federal features, passing it by a special majority in both Houses of Parliament is not enough. It must additionally secure ratification by the legislatures of at least half of the Indian states before it can be presented to the President.
- Simple Majority in States: While Parliament uses a special majority, the state legislatures are only required to pass the ratification resolution using a simple majority (a majority of the members of the state assembly present and voting).
- No Time Limit Imposed: Interestingly, the Constitution does not prescribe any specific time limit within which the state legislatures must ratify or reject the amendment bill. A prime example of this process was the 101st Amendment Act (GST), which required extensive state ratification to pass.
📌 Union Executive • President
Q.4) An impeachment resolution for the removal of the President must be passed by a majority of:
Ans > Two-thirds of the total membership of that House
- Article 61 Mechanism: Article 61 of the Constitution outlines the detailed procedure for the impeachment of the President. It is designed to be exceptionally rigorous to prevent the arbitrary removal of the head of state for political reasons.
- The Sole Ground for Impeachment: The President of India can only be impeached on one specific ground: “violation of the Constitution.” However, the Constitution intentionally leaves this phrase undefined, giving Parliament the authority to interpret what constitutes such a severe violation.
- Initiation Protocol: The impeachment charges can be initiated by either House of Parliament. To begin the process, a formal resolution must be signed by at least one-fourth of the total members of the initiating House, and a 14-day advance written notice must be served to the President.
- The Strictest Majority: The resolution must be passed by an overwhelming majority of two-thirds of the total membership of the House, not merely those present and voting. This is the strictest majority requirement found anywhere in the Indian Constitution, highlighting the gravity of removing a sitting President.
📌 Union Executive • Presidential Powers
Q.5) Which President of India exercised the ‘pocket veto’ in 1986 concerning the Indian Post Office (Amendment) Bill?
Ans > Giani Zail Singh
- The Concept of Pocket Veto: A pocket veto occurs when the President of India neither ratifies, rejects, nor returns a bill passed by Parliament, but simply keeps it pending indefinitely. Because the Constitution does not prescribe a time limit for the President to act, this inaction effectively kills the bill.
- The 1986 Controversy: President Giani Zail Singh famously used this power in 1986 against the Indian Post Office (Amendment) Bill. The bill was heavily criticized by the public and the press because it sought to grant the government sweeping powers to intercept and read private personal mail.
- Defense of Freedom of Press: Zail Singh’s decision to pocket the bill was widely viewed as a defense of the freedom of speech and the press. By simply taking no action on the legislation, he prevented a controversial infringement on civil liberties without directly confronting the legislature.
- Comparison with the US President: Unlike the American President, who must return a bill within 10 days if they wish to veto it, the Indian President’s pocket veto is much broader since the Indian Constitution lacks any such explicit time constraint for giving assent.
📌 Union Executive • Ordinance
Q.6) Under Article 123, the President can promulgate ordinances. What is the maximum life of an ordinance if the Parliament takes no action?
Ans > Six months and six weeks
- Emergency Legislative Power: Article 123 grants the President the extraordinary power to promulgate ordinances, but only when both Houses of Parliament are not in session, or when either of the two Houses is not in session. This power is meant exclusively to deal with unforeseen or urgent matters.
- Co-extensive Jurisdiction: An ordinance possesses the exact same force and legal effect as a regular Act of Parliament. However, it can only be issued on subjects over which the Parliament has the constitutional authority to make laws, maintaining the balance of legislative power.
- The Six-Week Approval Window: Once the Parliament reassembles, the ordinance must be laid before both Houses. If the Parliament does not formally approve the ordinance within six weeks of its reassembly, the ordinance ceases to operate and becomes legally void.
- Calculating the Maximum Life: The Constitution dictates that the maximum gap between two parliamentary sessions cannot exceed six months. Therefore, if an ordinance is issued on the very first day of a recess, its maximum possible lifespan is six months (the recess period) plus the six weeks allowed for parliamentary approval.
📌 Union Executive • Pardoning Power
Q.7) Which Article of the Constitution grants the President the pardoning power?
Ans > Article 72
- Scope of Article 72: Article 72 empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of an offense against a Union law, in all cases of court-martial, and in all death sentence cases.
- Five Forms of Clemency: The power is divided into five distinct categories: Pardon (completely absolving the convict), Commutation (changing a harsh punishment to a lighter one), Remission (reducing the duration of a sentence without changing its character), Respite (awarding a lesser sentence due to special facts like pregnancy), and Reprieve (a temporary stay of execution).
- Executive, Not Judicial Action: The pardoning power is an executive action, not a judicial one. The President does not sit as a court of appeal. Furthermore, the convict has no legal right to demand an oral hearing before the President while seeking clemency.
- Subject to Judicial Review: Historically considered an absolute power, the Supreme Court ruled in Epuru Sudhakar v. Govt of A.P. that the President’s clemency decisions are subject to limited judicial review. The court can intervene if the decision was arbitrary, irrational, or made with mala fide intent.
📌 Union Executive • Prime Minister
Q.8) Article 75 says that the Prime Minister shall be appointed by the:
Ans > President
- Constitutional Mandate: Article 75 simply states that “the Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.” The Constitution does not specify a detailed procedure for the selection process.
- Convention of Majority Rule: Despite the President’s appointing authority, they do not have absolute discretion. Following the conventions of the Westminster parliamentary system, the President is bound to appoint the leader of the majority party (or coalition) in the Lok Sabha as the Prime Minister.
- Use of Situational Discretion: The President can exercise personal discretion in selecting the Prime Minister only in two specific scenarios: when no single party secures a clear absolute majority in the Lok Sabha after a general election, or when the sitting Prime Minister dies suddenly in office with no obvious successor.
- Proving the Majority: In situations where the President uses their situational discretion, they usually appoint the leader of the largest party or coalition and issue a directive to that individual to seek a vote of confidence in the Lok Sabha within a specified timeframe (typically a month) to prove their governing mandate.
📌 Union Legislature • Parliament
Q.9) The maximum strength of the Lok Sabha is fixed at:
Ans > 550
- Current Maximum Limit: The maximum permissible strength of the Lok Sabha (the House of the People) is currently fixed at 550 members. This constitutional ceiling ensures that the lower house maintains a manageable size while adequately representing the vast population of India.
- Distribution of Seats: Out of this maximum strength of 550, the Constitution mandates that up to 530 members will be directly elected to represent the States, while a maximum of 20 members can be elected to represent the various Union Territories.
- Impact of the 104th Amendment: Historically, the answer was 552. However, the 104th Constitutional Amendment Act of 2019 abolished the provision that allowed the President to nominate 2 members from the Anglo-Indian community if they were inadequately represented, thereby reducing the maximum cap from 552 down to 550.
- Freeze on Seat Reallocation: The total number of seats allocated to different states in the Lok Sabha has been frozen based on the data from the 1971 census. This freeze, intended to encourage family planning by not penalizing states that controlled their population, will remain in effect until the first census conducted after the year 2026.
📌 Union Legislature • Joint Sitting
Q.10) Article 108 of the Constitution provides for a joint sitting of both Houses of Parliament in certain cases. A joint sitting is presided over by the:
Ans > Speaker of the Lok Sabha
- Resolving Legislative Deadlocks: Article 108 establishes the mechanism of a joint sitting to resolve legislative deadlocks between the Lok Sabha and the Rajya Sabha over the passage of a bill. The President of India holds the exclusive authority to summon this joint sitting.
- Presiding Authority Hierarchy: When a joint sitting convenes, it is always presided over by the Speaker of the Lok Sabha. In their absence, the Deputy Speaker takes charge. If both are absent, the Deputy Chairman of the Rajya Sabha presides. The Chairman of the Rajya Sabha (Vice-President) never presides over a joint sitting.
- Exclusions to Joint Sittings: Joint sittings can only be summoned for ordinary bills or financial bills. The Constitution explicitly prohibits the use of joint sittings to resolve deadlocks over Money Bills (where the Lok Sabha has overriding power) or Constitutional Amendment Bills (which must be passed separately).
- Rare Historical Occurrences: Joint sittings are exceptionally rare in Indian legislative history. They have only been successfully utilized three times since independence: to pass the Dowry Prohibition Bill in 1960, the Banking Service Commission (Repeal) Bill in 1977, and the Prevention of Terrorism Bill (POTA) in 2002.
📌 Union Legislature • Legislative Procedure
Q.11) Who decides whether a bill is a money bill or not, and whose decision is final on this matter?
Ans > The Speaker of the Lok Sabha
- Definition under Article 110: A bill is legally classified as a Money Bill only if it exclusively contains provisions dealing with matters enumerated in Article 110. These matters primarily revolve around taxation, government borrowing, and the appropriation of funds from the Consolidated Fund of India.
- The Speaker’s Absolute Authority: If a dispute arises over whether a specific piece of legislation qualifies as a Money Bill, the Constitution vests the absolute and final authority to decide the matter in the Speaker of the Lok Sabha. Their ruling is binding on all parties.
- Immunity from Review: The Speaker’s decision regarding a Money Bill is highly protected. It cannot be legally questioned or challenged in any court of law, nor can it be overridden by the President of India or debated in either House of Parliament.
- Mandatory Endorsement: When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha for its limited recommendations, and later when it is presented to the President for their final assent, the Speaker must physically endorse it with a signed certificate verifying its status as a Money Bill.
📌 Union Legislature • Parliamentary Motions
Q.12) To introduce an Adjournment Motion in the Parliament to draw attention to a definite matter of urgent public importance, the support of how many members is required?
Ans > 50 members
- Purpose of the Motion: An Adjournment Motion is a powerful parliamentary tool introduced in the Lok Sabha specifically to draw the immediate attention of the House to a definite, recent matter of urgent public importance that has serious consequences for the nation.
- Strict Admission Threshold: Because it disrupts the normal, pre-scheduled business of the House, it is considered an extraordinary device. To prevent frivolous interruptions, a member must secure the signatures and support of at least 50 members to even introduce the motion for the Speaker’s consideration.
- Element of Government Censure: Passing an Adjournment Motion inherently involves an element of censure against the ruling government, implying they have failed in their duties regarding the urgent matter. For this specific reason, the Rajya Sabha is constitutionally barred from utilizing this motion.
- Constraints on the Debate: The debate on an Adjournment Motion is subject to strict rules. It cannot raise a question of privilege, it must be restricted to a single specific matter, it cannot revive a topic already discussed in the same session, and the discussion must last for a minimum of two hours and thirty minutes.
📌 Union Legislature • Accountability
Q.13) A No-Confidence Motion can be introduced only in the:
Ans > Lok Sabha
- Principle of Collective Responsibility: The foundation of a No-Confidence Motion lies in Article 75(3) of the Constitution, which unequivocally states that the Council of Ministers is collectively responsible strictly to the House of the People (Lok Sabha), not to the upper house.
- Exclusive Lok Sabha Privilege: Because the government derives its mandate and legitimacy solely from maintaining a majority in the directly elected lower house, a No-Confidence Motion can only be introduced and voted upon in the Lok Sabha. The Rajya Sabha has no jurisdiction over government survival.
- No Specific Grounds Needed: Unlike a Censure Motion, which must state specific policies or actions being criticized, a No-Confidence Motion does not require the mover to state any grounds or reasons for its adoption. It is a simple test of whether the government still commands a majority.
- Consequence of Passage: If the motion is admitted (which requires the support of 50 members) and subsequently passed by a simple majority vote, the Prime Minister and the entire Council of Ministers are constitutionally bound to resign immediately, resulting in the fall of the government.
📌 Parliament • Committees
Q.14) The Estimates Committee is the largest committee of the Parliament. How many members does it have?
Ans > 30
- Status as the Largest Committee: The Estimates Committee holds the distinction of being the largest of all the parliamentary standing committees. Its substantial size reflects its heavy and continuous workload in scrutinizing the government’s vast budgetary estimates and administrative efficiency.
- Historical Evolution of Size: When it was first established in post-independence India in 1950, based on the recommendation of the then Finance Minister John Mathai, it consisted of 25 members. In 1956, to accommodate a broader range of voices, its membership was officially expanded to 30.
- Annual Reconstitution: Like most financial committees, the Estimates Committee is highly dynamic. All 30 members are newly elected every year by the Lok Sabha members from amongst themselves, ensuring that fresh perspectives are continually brought to financial oversight.
- Focus on Economic Efficiency: The core mandate of the committee is not to audit past spending, but to examine the budget estimates. It acts as a continuous economy committee, suggesting alternative policies to bring about efficiency, financial prudence, and administrative reform within government expenditures.
📌 Parliament • Committees
Q.15) All 30 members of the Estimates Committee are drawn from:
Ans > Lok Sabha only
- Exclusive Lower House Control: In stark contrast to the Public Accounts Committee and the Committee on Public Undertakings, which feature joint representation, all 30 members of the Estimates Committee are drawn exclusively from the Lok Sabha.
- Rationale for Exclusivity: This exclusivity aligns with the constitutional principle that the Lok Sabha, as the directly elected body, has overriding and supreme authority over financial matters and the passing of the budget. Therefore, scrutinizing budget estimates remains their exclusive domain.
- Method of Election: The members are elected using the principle of proportional representation by means of a single transferable vote. This electoral mechanism guarantees that all major political parties in the Lok Sabha get representation on the committee roughly proportional to their total seat share.
- Ministerial Prohibition: To ensure the committee remains an independent watchdog capable of unbiased critique, a minister is strictly prohibited from being elected as a member. Furthermore, the Chairman of the committee is invariably appointed by the Speaker from the ruling party.
📌 Parliament • Committees
Q.16) The Public Accounts Committee (PAC) consists of how many members?
Ans > 22
- Colonial Era Origins: The Public Accounts Committee is the oldest parliamentary committee in India. It was originally set up in 1921 under the provisions of the Government of India Act of 1919 and has continued to exist and function vigorously in the post-independence era.
- Bicameral Composition: The committee is carefully structured to represent the entire Parliament. It consists of exactly 22 members, making it smaller than the Estimates Committee but highly influential in maintaining financial accountability across the government.
- Partnership with the CAG: The PAC does not conduct raw audits itself. Instead, its primary function is to meticulously examine the complex audit reports submitted by the Comptroller and Auditor General (CAG) of India, who acts as the “friend, philosopher, and guide” to the committee.
- Post-Mortem Limitations: The most significant limitation of the PAC is that its work is entirely post-mortem in nature. It conducts its detailed scrutiny and exposes irregularities only after the government funds have already been spent, meaning it cannot stop wasteful expenditure as it happens.
📌 Parliament • Committees
Q.17) Out of the 22 members of the Public Accounts Committee, how many are from the Rajya Sabha?
Ans > 7
- Distribution Between Houses: To maintain the primacy of the lower house in financial affairs while still involving the upper house, the 22 seats are split unevenly: 15 members are elected from the Lok Sabha, and exactly 7 members are elected from the Rajya Sabha.
- Associate Status of RS Members: Historically, until 1954-55, the PAC consisted solely of Lok Sabha members. The 7 Rajya Sabha members were later added to associate them with the financial oversight process, though they do not have equal voting rights on all core financial matters within the committee.
- The Opposition Chairmanship Convention: Before 1967, the Chairman of the PAC invariably belonged to the ruling party. However, since 1967, a strong democratic convention has been established that the Chairman is always selected by the Speaker from the opposition ranks, ensuring robust scrutiny.
- Electoral System Mechanism: The 7 members from the Rajya Sabha are elected by the members of the upper house every year according to the principle of proportional representation by means of the single transferable vote, mirroring the electoral process used by the Lok Sabha members.
📌 Parliament • Committees
Q.18) The Committee on Public Undertakings was created in 1964 on the recommendation of the:
Ans > Krishna Menon Committee
- Rationale for Creation: By the early 1960s, government-owned corporations and public sector undertakings (PSUs) had grown massively. The existing PAC and Estimates Committee were overloaded, prompting the need for a dedicated body to monitor the autonomy, efficiency, and financial health of these massive enterprises.
- The Krishna Menon Recommendation: The committee was officially constituted in 1964 based on the extensive recommendations of the Krishna Menon Committee. This specialized committee freed up the other financial bodies and brought dedicated focus to the complex operations of state-run businesses.
- Mirroring the PAC’s Structure: Similar to the Public Accounts Committee, the Committee on Public Undertakings consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). It also follows the strict rule that a sitting minister cannot be elected as a member.
- Scope of Scrutiny: The committee’s primary task is to examine the reports and accounts of major public undertakings (like LIC, Air India, FCI) and to check whether their affairs are being managed in accordance with sound business principles and prudent commercial practices, rather than just bureaucratic rules.
📌 Supreme Court • Jurisdiction
Q.19) Which Article of the Constitution gives the Supreme Court original and exclusive jurisdiction in any dispute between the Centre and one or more states?
Ans > Article 131
- The Federal Umpire: As the highest court in a federal system, the Supreme Court acts as the ultimate umpire in disputes arising between different units of the Indian federation. Article 131 formally establishes this Original Jurisdiction, allowing such cases to come directly to the Supreme Court.
- Definition of “Exclusive”: The jurisdiction is termed “exclusive” because no other court in India, including the High Courts, has the authority to hear these specific federal disputes. Only the Supreme Court is constitutionally empowered to resolve conflicts between the Union and the States.
- Legal Rights Requirement: For a dispute to qualify under Article 131, it must involve a question of law or fact on which the existence or extent of a legal right depends. Purely political disputes or policy disagreements between governments are strictly excluded from this jurisdiction.
- Water Dispute Exclusions: There are specific constitutional exceptions to Article 131. The most notable is Article 262, which explicitly excludes inter-state river water disputes from the Supreme Court’s original jurisdiction, delegating them instead to specialized water dispute tribunals.
📌 Supreme Court • Advisory Jurisdiction
Q.20) Which Article authorizes the President to seek the opinion of the Supreme Court on any question of law or fact of public importance?
Ans > Article 143
- Advisory Jurisdiction Framework: Article 143 establishes the Advisory Jurisdiction (also known as Consultative Jurisdiction) of the Supreme Court. It allows the President to tap into the legal expertise of the highest court when faced with complex constitutional or legal dilemmas.
- Two Categories of Reference: The President can seek an opinion in two scenarios: first, on any question of law or fact of public importance that has arisen or is likely to arise; and second, on any dispute arising out of pre-constitution treaties, agreements, or covenants.
- Court’s Discretion to Decline: For the first category (matters of public importance), the Supreme Court is not legally bound to give its opinion. It can respectfully decline the President’s request, as it famously did in 1993 regarding the Ayodhya Ram Mandir dispute reference.
- Opinion is Not Legally Binding: When the Supreme Court does deliver an advisory opinion, it is highly respected but not legally binding on the President or the government. The President can choose to act contrary to the advice, as it is an opinion, not a judicial decree.
📌 Fundamental Rights • Judicial Review
Q.21) Article 13 declares that all laws that are inconsistent with or in derogation of the Fundamental Rights shall be void. This provides the express constitutional basis for the doctrine of:
Ans > Judicial Review
- The Shield of Fundamental Rights: Article 13 serves as the primary constitutional shield for Fundamental Rights. It acts as a negative injunction against the State, explicitly prohibiting the legislature and the executive from making any laws that abridge or take away the rights guaranteed in Part III.
- Foundation of Judicial Review: By declaring inconsistent laws void, Article 13 implicitly creates the powerful doctrine of Judicial Review. It grants the Supreme Court (under Article 32) and High Courts (under Article 226) the absolute authority to examine the constitutionality of any legislative enactment or executive order.
- Doctrine of Severability: Under Article 13, if a portion of a law violates Fundamental Rights, the court will apply the Doctrine of Severability. It will strike down only the unconstitutional provision, leaving the rest of the law intact and operational, provided the valid part can survive independently.
- Broad Definition of ‘Law’: The article defines the term ‘law’ extremely broadly to ensure maximum protection. It includes not just acts passed by Parliament or State Legislatures, but also ordinances, government orders, bye-laws, rules, regulations, and even established customs having the force of law.
📌 State Executive • Governor
Q.22) Article 153 states that there shall be a Governor for each state. The minimum age prescribed by the Constitution for appointment as a Governor is:
Ans > 35 years
- Dual Role of the Governor: The Governor holds a unique dual position in the Indian constitutional scheme. They serve as the constitutional head of the state executive (similar to the President at the center) and simultaneously act as the vital representative and link to the central government.
- Minimal Constitutional Qualifications: The Constitution outlines only two strict qualifications for the appointment of a Governor under Article 157: the individual must be a citizen of India, and they must have completed the age of 35 years. No specific educational or political background is legally required.
- Sarkaria Commission Conventions: Over the decades, two strong conventions have developed regarding appointments. First, the person should be an “outsider” (not belonging to the state they are appointed to) to ensure political neutrality. Second, the President should consult the state’s Chief Minister before finalizing the appointment.
- 7th Amendment Facilitation: Originally, Article 153 mandated a separate Governor for each state. However, the 7th Constitutional Amendment Act of 1956 modified this, explicitly allowing the same individual to be appointed as the Governor for two or more states simultaneously to improve administrative flexibility.
📌 State Executive • Governor
Q.23) Under which Article does the Governor have the power to grant pardons, reprieves, respites, or remissions of punishment?
Ans > Article 161
- State-Level Clemency Power: Article 161 empowers the Governor of a state to grant pardons, reprieves, respites, or remissions of punishment to any person convicted of an offense against any law relating to a matter to which the executive power of the state extends (state laws).
- Limitation Regarding Death Sentences: While the Governor possesses significant clemency powers, they cannot pardon a death sentence. Even if a state law prescribes the death penalty, the ultimate power to fully pardon a death row convict lies exclusively with the President of India.
- Limitation Regarding Military Courts: The Governor’s pardoning power has absolutely no jurisdiction over military affairs. Unlike the President, the Governor cannot grant pardons, reprieves, or commutations in respect to any punishment or sentence passed by a Court Martial.
- The 2021 Supreme Court Clarification: In 2021, the Supreme Court clarified the scope of Article 161, ruling that a Governor can indeed pardon prisoners, including those on death row, before they have completed a minimum of 14 years of prison sentence, overriding statutory limitations in the Code of Criminal Procedure (CrPC).
📌 State Legislature • Councils
Q.24) Which Article provides for the abolition or creation of legislative councils in states?
Ans > Article 169
- Flexible Bicameralism: India features an asymmetrical legislative structure where not all states have two houses. Article 169 provides a flexible mechanism to either abolish an existing Legislative Council (Vidhan Parishad) or create a new one, depending on the evolving needs of the state.
- The Initiation Phase: The process cannot be initiated by the central government. It must begin in the state itself. The State Legislative Assembly must pass a formal resolution requesting the creation or abolition of the Council, backed by a special majority of the assembly.
- Final Parliamentary Authority: Once the state passes the resolution, the final authority lies with the Parliament of India. The Parliament must pass a regular law approving the state’s request. Crucially, this parliamentary act is passed by a simple majority.
- Not a Constitutional Amendment: Article 169 explicitly states that a law passed by Parliament to create or abolish a Legislative Council is not to be considered an amendment of the Constitution for the purposes of Article 368, making the entire process procedurally simpler and faster.
📌 State Legislature • Strength
Q.25) The maximum strength of a Legislative Council is fixed at one-third of the total strength of the legislative assembly, while the minimum strength is fixed at:
Ans > 40
- Maintaining Assembly Dominance: The constitutional limits on the size of the Legislative Council are intentionally designed to ensure it does not become larger than the directly elected Legislative Assembly. Fixing the maximum strength at one-third ensures the Assembly maintains undisputed legislative supremacy in the state.
- The Minimum Viability Floor: While capping the upper limit, the Constitution also sets a minimum strength of 40 members. This floor ensures that the Council has a sufficient number of members to effectively conduct debates, form committees, and operate as a functional legislative chamber.
- Complex Composition Formula: The composition of a Legislative Council is highly diverse. Roughly 1/3 are elected by local bodies, 1/12 by university graduates, 1/12 by teachers, 1/3 by the Legislative Assembly, and the final 1/6 are directly nominated by the Governor from fields like literature, science, and art.
- Indirect Election Methodology: Unlike the Assembly, the members of the Legislative Council are not directly elected by the public. The elections are conducted using the system of proportional representation by means of the single transferable vote, mirroring the Rajya Sabha elections.
📌 State Executive • Ordinance
Q.26) Under Article 213, the Governor can promulgate ordinances during the recess of the state legislature. The ordinance must be approved by the state legislature within what time frame from its reassembly?
Ans > Six weeks
- Parallel to Presidential Power: Article 213 grants the Governor ordinance-making powers that are virtually identical to those the President holds under Article 123. The Governor can issue ordinances only when the state legislature (or either house in a bicameral state) is not in session.
- State Subject Limitations: The Governor’s ordinance-making power is strictly confined to subjects enumerated in the State List and the Concurrent List. They cannot issue an ordinance regarding any matter on the Union List, maintaining the federal distribution of legislative powers.
- The Six-Week Deadline: An ordinance promulgated by the Governor is a temporary law. To become a permanent act, it must be approved by the state legislature within six weeks of its reassembly. If the legislature disapproves the ordinance before the six weeks expire, it ceases to exist immediately.
- Presidential Instruction Caveat: In certain specific cases, the Governor’s power is restricted. If an ordinance contains provisions that would have required the President’s prior sanction if introduced as a regular bill, the Governor cannot promulgate that ordinance without explicit instructions from the President.
📌 Judiciary • High Court
Q.27) The Supreme Court issues writs under Article 32. Under which Article does a High Court issue writs for the enforcement of fundamental rights and for other purposes?
Ans > Article 226
- Empowering the High Courts: Article 226 is a cornerstone of the Indian judicial system. It empowers every High Court to issue powerful judicial orders, known as writs (such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari), to any person, authority, or government within its territorial jurisdiction.
- The Meaning of “Other Purposes”: The most critical phrase in Article 226 is “and for any other purpose.” This grants the High Courts the authority to issue writs not only to enforce Fundamental Rights (Part III) but also to enforce ordinary legal rights, statutory rights, or administrative justice.
- Discretionary Nature of the Remedy: Unlike Article 32, which is a Fundamental Right in itself, the remedy provided under Article 226 is discretionary. A High Court can refuse to exercise its writ jurisdiction if an adequate alternative legal remedy exists for the aggrieved party.
- Territorial Reach Expansion: Originally, a High Court could only issue writs against authorities physically located within its state borders. However, the 15th Amendment Act (1963) expanded this, allowing High Courts to issue writs beyond their territory if the “cause of action” arose entirely or partially within their state.
📌 Judiciary • Writs
Q.28) Are the writ jurisdictions of the Supreme Court and the High Court identical in scope?
Ans > No, the High Court’s jurisdiction is wider because it can issue writs not only for fundamental rights but also for ‘any other purpose’
- The Paradox of Width: It is a fascinating constitutional paradox that the lower tier (the High Court) possesses a broader writ jurisdiction than the highest tier (the Supreme Court). The Supreme Court under Article 32 is strictly confined to enforcing Fundamental Rights.
- Right to Move the Court: Article 32 itself is a Fundamental Right. Therefore, if a citizen’s fundamental right is violated, the Supreme Court is constitutionally obligated to entertain the writ petition and cannot refuse to exercise its jurisdiction. It acts as the ultimate guarantor of these rights.
- High Court Discretion: Because Article 226 is not a fundamental right but a discretionary constitutional remedy, a High Court can turn away a petitioner if it feels the petition is frivolous, delayed, or if the petitioner has not exhausted other available legal remedies first.
- Territorial Contrast: While the High Court’s jurisdiction is wider in terms of subject matter (fundamental + legal rights), the Supreme Court’s jurisdiction is wider territorially. The Supreme Court can issue a writ against any person or government anywhere across the entire territory of India.
📌 Judiciary • Subordinate Courts
Q.29) The highest judicial authority in a district in the subordinate judiciary is the:
Ans > District and Sessions Judge
- Dual Jurisdictional Nomenclature: The title of the highest district judicial officer changes based on the nature of the case being heard. When the judge is presiding over civil cases, they are officially called the District Judge. When presiding over criminal cases, they are known as the Sessions Judge.
- Original and Appellate Powers: The District and Sessions Judge possesses both original and appellate jurisdiction. This means they can hear fresh cases of high severity directly, and they also hear appeals against the judgments passed by the lower subordinate courts within their district.
- Power of Capital Punishment: In their capacity as a Sessions Judge, they possess immense punitive power, including the authority to impose a sentence of life imprisonment or even the death penalty for grave crimes. This makes them a critical pillar in the criminal justice system.
- Mandatory High Court Confirmation: While the Sessions Judge can award capital punishment, there is a crucial constitutional safeguard in place. Any death sentence handed down at the district level cannot be executed until it is thoroughly reviewed and formally confirmed by the state’s High Court.
📌 Constitutional Bodies • GST Council
Q.30) Which constitutional body was established by the 101st Amendment Act (2016) to make recommendations on issues related to the Goods and Services Tax?
Ans > GST Council
- Article 279A Creation: The 101st Constitutional Amendment Act introduced a massive overhaul of India’s indirect taxation system. To manage this new regime cooperatively, it inserted Article 279A, which mandated the President to constitute a joint forum known as the Goods and Services Tax (GST) Council.
- Federal Cooperative Composition: The Council is designed as a masterpiece of cooperative federalism. It is chaired by the Union Finance Minister and includes the Union Minister of State for Finance, alongside the Ministers of Finance or Taxation nominated by every single State Government.
- Weighted Voting Mechanism: Decision-making in the GST Council uses a unique weighted voting formula to balance central and state power. The Central Government holds exactly 1/3 of the total voting weight, while the combined State Governments hold the remaining 2/3 of the voting weight.
- High Threshold for Decisions: To pass any resolution, recommend new tax slabs, or grant exemptions, the Council requires a super-majority. A decision is only carried if it receives at least a three-fourths (75%) majority of the weighted votes of the members present and voting.
📌 Quick Summary — Polity Set 87
- Article 368: Constitutional Amendment Bills can be introduced in either House, but never in state legislatures.
- Presidential Assent: The 24th Amendment (1971) made it mandatory for the President to assent to Constitutional Amendment Bills.
- Federal Amendments: Requires ratification by at least half of the state legislatures by a simple majority.
- Presidential Impeachment: A resolution (Article 61) needs a 2/3rds majority of the total membership of the House.
- Pocket Veto: Famously exercised by President Giani Zail Singh in 1986 on the Indian Post Office (Amendment) Bill.
- Ordinance Life: The maximum possible life of a Presidential ordinance (Art 123) is six months and six weeks.
- Pardoning Power (Art 72): The President holds the exclusive power to completely pardon a death sentence or court-martial.
- Prime Minister (Art 75): Appointed by the President, typically inviting the leader of the majority party in the Lok Sabha.
- Lok Sabha Strength: The maximum strength is currently 550, frozen until the first census post-2026.
- Joint Sitting (Art 108): Summoned by the President and presided over by the Speaker of the Lok Sabha.
- Money Bills (Art 110): The Speaker of the Lok Sabha has the final, unquestionable authority to certify a Money Bill.
- Adjournment Motion: Requires the backing of 50 members to draw attention to a matter of urgent public importance.
- No-Confidence Motion: Tests the government’s majority and can exclusively be introduced in the Lok Sabha.
- Estimates Committee: The largest parliamentary committee with 30 members, scrutinizing budget estimates for efficiency.
- Estimates Members: Uniquely drawn entirely (all 30) from the Lok Sabha.
- Public Accounts Committee (PAC): Examines CAG reports. Consists of 22 members.
- PAC Composition: Structured with 15 members from the Lok Sabha and 7 from the Rajya Sabha.
- Public Undertakings Comm: Established in 1964 following the recommendations of the Krishna Menon Committee.
- SC Original Jurisdiction: Article 131 gives the SC exclusive power to settle Centre-State disputes.
- Advisory Jurisdiction: Article 143 allows the President to consult the Supreme Court on public importance matters.
- Judicial Review (Art 13): Declares laws void if they derogate Fundamental Rights, empowering judicial review.
- Governor Minimum Age: Under Article 157, a Governor must be at least 35 years old.
- Governor Pardon (Art 161): A Governor can pardon under state laws, but not death sentences or court-martials.
- Legislative Councils: Article 169 allows Parliament to create or abolish them upon a state assembly’s request.
- Council Size Limits: Max size is 1/3 of the assembly; minimum size is fixed at 40 members.
- Governor Ordinance (Art 213): Must be approved by the state legislature within six weeks of reassembly.
- High Court Writs: Issued under Article 226 for fundamental rights and “any other purpose.”
- Writ Scope: The High Court has a wider subject-matter writ jurisdiction than the Supreme Court.
- District Judiciary: The District and Sessions Judge is the highest judicial authority at the district level.
- GST Council (Art 279A): A constitutional body created by the 101st Amendment (2016) to guide indirect taxation.
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