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Answer: locus standi
PIL evolution: S.P. Gupta v. Union of India (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. Transformed judicial role from dispute resolution to social justice delivery.
Answer: legal
Article 226(1): HC can issue writs for: (a) enforcement of Fundamental Rights (like SC), OR (b) 'for any other purpose' i.e., enforcement of legal rights (statutory/common law rights). Thus, HC's writ jurisdiction is substantively wider. However, SC's jurisdiction is nationwide while HC's is territorial. Complementary roles in rights protection.
Answer: apparent on the face of record
Certiorari grounds: (a) Lack/excess of jurisdiction, (b) Error of law apparent on face of record (not re-appreciation of evidence), (c) Violation of natural justice (audi alteram partem, nemo judex in causa sua), (d) Fraud/collusion. Issued by higher court to quash order of lower court/tribunal. Ensures judicial/quasi-judicial bodies act within legal bounds.
Answer: 20 and 21
Article 359(1A), inserted by 44th Amendment (1978): Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction: no ex post facto law, no double jeopardy, no self-incrimination) and 21 (life and personal liberty). These core rights remain enforceable even during Emergency, protecting citizens from executive excesses.
Answer: public
Quo Warranto: Issued to restrain a person from acting in a public office to which they are not entitled. Conditions: (a) Office must be public and created by Constitution/statute, (b) Person must be asserting claim to office, (c) Claim must be without legal authority. Protects public from usurpers of official positions.
Answer: illegally
Habeas Corpus: Issued to produce a detained person before court to examine legality of detention. Can be issued against public authorities AND private individuals. Available under Articles 32 & 226. Not issued if: (a) detention is lawful, (b) proceeding is for contempt of court/legislature, (c) detention by competent court. Primary safeguard against arbitrary arrest.
Answer: basic structure
Kesavananda Bharati (1973) and subsequent cases: Parliament's amending power under Article 368 is limited by basic structure doctrine. Basic structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free/fair elections, individual dignity. Ensures Constitution's core identity survives political changes.
Answer: Minister
Article 368(1): Constitutional Amendment Bill can be introduced in either House only by a Minister (government bill), not by private member. Requires prior recommendation of President only for amendments affecting federal provisions (Article 368 proviso). Ensures executive responsibility for constitutional changes while allowing either House to initiate.
Answer: 42nd
42nd Amendment (1976): Added three words to Preamble: 'Socialist' (mixed economy, welfare state), 'Secular' (equal respect for all religions, no State religion), 'Integrity' (national unity beyond sovereignty). Preamble is part of Constitution (Kesavananda case) and amendable under Article 368, but basic structure cannot be altered.
Answer: 10
103rd Amendment (2019): (a) Inserted Article 15(6) allowing State to make special provisions for EWS advancement in education, (b) Inserted Article 16(6) for EWS reservation in public employment. Provides 10% reservation for EWS among forward castes (excluding those covered under Articles 15(4), 15(5), 16(4)). Upheld by Supreme Court in Janhit Abhiyan case (2022) by 3:2 majority.
Answer: 279A
101st Amendment (2016): (a) Inserted Article 246A giving Parliament/State Legislatures concurrent power to make GST laws, (b) Inserted Article 279A for GST Council (chaired by Union FM), (c) Amended Seventh Schedule (Union List, State List, Concurrent List) to subsume multiple indirect taxes. Landmark fiscal federalism reform creating 'One Nation, One Tax'.
Answer: IX
73rd Amendment (1992): Added Part IX (Articles 243-243O) for Panchayats. 74th Amendment (1992): Added Part IXA (Articles 243P-243ZG) for Municipalities. Together institutionalized democratic decentralization: mandatory elections, reservations, State Finance Commissions, functional devolution (11th/12th Schedules). Transformed grassroots governance in India.
Answer: Golaknath
Golaknath v. State of Punjab (1967): SC held Parliament cannot amend Fundamental Rights (Part III). 24th Amendment (1971) added clause to Article 13 clarifying 'law' does not include constitutional amendment under Article 368, and added clause to Article 368 affirming Parliament's amending power including FRs. Set stage for Kesavananda Bharati compromise.
Answer: one-half
Article 368(2) proviso: Amendments affecting federal structure require ratification by legislatures of not less than half of States (by simple majority). Protects States' interests by ensuring Union cannot unilaterally alter federal balance. Examples: 7th Amendment (State reorganisation), 73rd/74th Amendments (local government).
Answer: Parliamentary
Articles 352(2)(b), 356(1)(c), 360(2)(b): President can revoke Emergency proclamation anytime by subsequent proclamation. No Parliamentary approval needed for revocation (only for imposition/extension). Enables executive to restore normalcy promptly when crisis abates, without legislative delay.
Answer: President
Article 356(1): President may act on Governor's report 'or otherwise'. Governor's report is important but not binding; President forms independent satisfaction based on all available material. However, SR Bommai case mandated that satisfaction must be based on objective material, not subjective opinion, and is subject to judicial review.
Answer: 3
Article 356(5), inserted by 44th Amendment: Maximum duration of President's Rule is 3 years. Extensions beyond 1 year require: (a) National Emergency in India or that State, AND (b) Election Commission certification that elections cannot be held. Prevents indefinite suspension of State democracy; ensures return to normalcy.
Answer: three
National Emergency proclaimed thrice: (1) Oct 1962 - China aggression (lifted Jan 1968), (2) Dec 1971 - Indo-Pak war (lifted Mar 1977), (3) Jun 1975 - 'internal disturbance' (lifted Mar 1977). 1975 Emergency was controversial; led to 44th Amendment safeguards. State Emergency (Article 356) used over 120 times; Financial Emergency never used.
Answer: SR Bommai case (1994)
SR Bommai v. Union of India (1994): 9-judge bench held: (a) Presidential satisfaction under Article 356 is not absolute; subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Assembly dissolution should not be automatic, (d) Floor test is primary method to test majority. Landmark judgment curbing misuse of Article 356.
Answer: Governor
Article 356(1): President may issue Proclamation if satisfied (on Governor's report or otherwise) that State government cannot be carried on per Constitution. 'Or otherwise' allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use.