Fill in the Blank – GK Questions

Article 356 procedure: (a) Trigger: President satisfied (on Governor's report or otherwise) that State government cannot function per Constitution, (b) 'Or otherwise': Allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use, (c) Proclamation effects: (i) State executive functions assumed by President (exercised by Governor), (ii) State Legislature powers exercisable by Parliament, (iii) State Assembly may be suspended or dissolved, (d) Safeguards: Parliamentary approval within 2 months, maximum duration 3 years, judicial review (SR Bommai). Illustrates federal balance: Union power to address genuine constitutional breakdown while protecting State autonomy against political misuse.

Emergency federalism transformation: (a) Article 250: During National Emergency, Parliament gains power to legislate on any State List subject; laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry), (b) Article 353(b): Union executive can give directions to States on 'manner of exercise' of executive power, (c) Article 354: President can modify financial distribution between Union and States during Emergency, (d) Rationale: Ensure coordinated national response to existential threats (war, external aggression, armed rebellion), (e) Safeguards: Temporary nature, Parliamentary approval, judicial review, restoration of federal normalcy post-Emergency. Illustrates Indian federalism's flexibility: unitary features for crisis management within constitutional framework.

Article 136: SC may grant special leave to appeal from any court/tribunal in India, EXCEPT courts-martial. This discretionary appellate power is residuary and plenary, enabling SC to correct grave injustices or settle important legal questions. Most SLPs are dismissed at threshold; only meritorious cases admitted.

Article 141: Law declared by SC is binding on all courts in India. Establishes doctrine of precedent (stare decisis): lower courts must follow SC rulings. Ensures uniformity, predictability, and consistency in legal interpretation across country. HC decisions binding only within their territorial jurisdiction.

Article 137: SC may review its own judgments/orders to correct errors apparent on record. Review petitions must be filed within 30 days. Article 145 empowers SC to make rules for regulating practice/procedure, including review procedure. Review is not appeal; only for glaring errors, not re-argument of case.

Article 223: President may appoint senior-most HC Judge as acting CJ when office is vacant or CJ is absent/unable to perform duties. Ensures continuity in HC administration. Similar provision for additional Judges under Article 224 to handle temporary workload increases.

Article 217: HC Judges appointed by President after consultation with: (a) CJI, (b) Governor of State, (c) CJ of that HC (except for appointment of CJ). Collegium system applies: CJI-led collegium recommends names. Ensures judicial independence while incorporating executive input through consultation.

Article 32(1): Right to move SC for enforcement of Fundamental Rights is itself a Fundamental Right. Dr. Ambedkar called Article 32 the 'heart and soul' of Constitution. SC can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. Makes FRs enforceable, not merely declaratory.

Article 131: SC has exclusive original jurisdiction in federal disputes: (a) Union vs one/more States, (b) Union+State(s) vs State(s), (c) State vs State. Excludes disputes arising from pre-Constitution treaties/agreements. Ensures apex court resolves inter-governmental conflicts impartially, preserving federal balance.

Article 124(3): Qualifications for SC Judge: (a) citizen of India, and (b) either: Judge of HC for 5+ years, OR advocate of HC for 10+ years, OR distinguished jurist in President's opinion. These criteria ensure appointees have substantial legal experience and expertise for apex court responsibilities.

Article 167(a-b): CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor. Ensures Governor (nominal executive) stays informed while CM/Council (real executive) governs. Reinforces cooperative executive functioning at State level.

Article 164(1): Ministers hold office during pleasure of Governor. Since Governor acts on CM's advice (Article 163), this effectively means CM can dismiss ministers anytime. CM's own tenure depends on commanding Assembly majority; loss of majority typically leads to resignation or dismissal.

Article 200: Governor has three veto types: (a) Absolute veto - withhold assent, (b) Suspensive veto - return Bill for reconsideration (if repassed, Governor must assent), (c) Reserve for President. Unlike President, Governor has no pocket veto; must act within reasonable time on Bills.

Article 316: Governor appoints SPSC Chairman/members after consulting State Cabinet (headed by CM). CM also chairs State Development Council, Disaster Management Authority, and other key bodies. CM's leadership centralizes policy coordination at State level, mirroring PM's role at Union.

Article 164(1A), inserted by 91st Amendment (2003): State Council strength cannot exceed 15% of Assembly strength (minimum 12 for small States). Also bars defectors from being appointed ministers until re-elected. These curb horse-trading and excessive ministerial berths at State level.

Article 164(1): Governor appoints CM, but convention dictates appointing leader of majority party/coalition in Legislative Assembly (Vidhan Sabha). In hung assemblies, Governor exercises discretion to appoint person most likely to command majority. CM then advises Governor on appointment of other ministers.

Article 213: Governor's ordinance power mirrors President's under Article 123. Ordinances have same force as State Acts but cease to operate 6 weeks after Legislature reassembles, or earlier if disapproved. Governor cannot issue ordinance without Cabinet advice except in rare discretionary situations.

Article 156: Governor holds office during pleasure of President (can be removed anytime without reasons), but normally serves 5-year term. Can resign by writing to President. Supreme Court in BP Singhal case (2010) held that pleasure doctrine is not arbitrary; removal must be for compelling reasons.

Public Accounts Committee (PAC): 22 members (15 from Lok Sabha, 7 from Rajya Sabha), elected by proportional representation. Chairperson from Opposition by convention (since 1967-68). Examines CAG reports on government expenditure, ensuring financial accountability. Oldest parliamentary committee (established 1921).

Article 169: Parliament can create/abolish State Legislative Council (upper house) by law, if State Assembly passes resolution by special majority (2/3 of members present and voting). Council is permanent body with 1/3 members retiring every 2 years. Currently, 6 States have Councils: UP, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh.