Hard Level – GK Questions

Article 359(1A), inserted by 44th Amendment: Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction) and 21 (life & personal liberty). These core rights remain enforceable even during Emergency. Article 19 freedoms are automatically suspended during Emergency on war/external aggression grounds (Article 358).

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.

Article 352(6): If Lok Sabha is dissolved during Emergency, and Rajya Sabha approves proclamation, it remains valid. But new Lok Sabha must approve it within 30 days of its first sitting; otherwise, Emergency lapses. Ensures fresh mandate from elected representatives while preventing vacuum during transitional period.

44th Amendment safeguards: (a) 'Armed rebellion' replaces 'internal disturbance' (Article 352), (b) Written Cabinet advice mandatory (Articles 352, 356, 360), (c) Articles 20 & 21 non-suspendable (Article 359), (d) Lok Sabha can revoke Emergency by simple majority. Option (d) is incorrect: President's Rule still requires objective material; SR Bommai case added judicial review, not 44th Amendment.

Article 360(3)-(4): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including High Court Judges, (c) reserve Money Bills for Presidential consideration. Note: Supreme Court Judges' salaries can also be reduced (Article 360(4)(b)), but their independence is protected by other safeguards.

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.

Article 359: President may suspend enforcement of Fundamental Rights (except Articles 20 & 21) during Emergency via order. 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' FRs can be suspended; core rights remain protected.

Article 250: During National Emergency, Parliament gains power to legislate on any matter in State List. Laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry). Combined with Article 353 (Union executive directions to States), federal structure temporarily becomes unitary during Emergency.

Article 352(7), inserted by 44th Amendment: If Lok Sabha passes resolution disapproving Emergency by simple majority, President must revoke it. Additionally, if 1/10th of Lok Sabha members give notice to Speaker, special sitting must be held within 14 days to consider revocation. Empowers legislature to check executive Emergency power.

Article 352(4): Emergency proclamation must be approved within one month by both Houses with special majority: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. If Lok Sabha is dissolved, Rajya Sabha approves, but Lok Sabha must approve within 30 days of reconstitution. Prevents executive overreach.

Constitutional bodies are designed as independent institutions to: (a) EC: Ensure free/fair elections (integrity), (b) UPSC: Ensure merit-based recruitment (merit), (c) CAG: Ensure financial accountability (accountability), (d) FC: Ensure equitable resource distribution (equity). Their independence (appointment, removal, finances) shields them from political pressure, strengthening democratic governance. They complement, not replace, elected institutions.

15th FC used 2011 census for population criterion (weight: 15%), while earlier FCs used 1971 census to avoid penalizing States that controlled population growth. Shift to 2011 data reflects demographic reality but raised concerns among high-fertility States. FC balanced this by giving weight to demographic performance (effort to control population) as separate criterion.

No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.

EC has recommended simultaneous elections ('One Nation, One Election') to reduce costs, policy paralysis, and populist measures. However, it requires constitutional amendment (Articles 83, 172) and political consensus; not yet implemented. EVMs (1998), VVPAT (2013), NOTA (2013, SC judgment) were implemented based on EC recommendations/SC directions.

CAG (Duties, Powers and Conditions of Service) Act, 1971: Defines CAG's audit mandate: (a) Union/State accounts, (b) Bodies substantially financed by government funds, (c) Grants/loans to other bodies. Includes compliance, financial, and performance audits. Empowers CAG to access records, summon officials, ensuring comprehensive financial oversight.

Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.

Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.

Article 280(3): FC recommends: (a) Vertical devolution: share of Union taxes to States (e.g., 41% by 15th FC), (b) Horizontal devolution: distribution among States using criteria like population (1971/2011), area, forest cover, income distance, demographic performance. Balances equity (needier States get more) and efficiency (rewarding reforms).

Article 317: UPSC member can be removed by President on grounds of: (a) insolvency, (b) engaging in paid employment outside duties, (c) infirmity of mind/body, (d) misbehaviour. For misbehaviour, President must refer matter to Supreme Court; removal only if SC upholds charges after inquiry. Ensures due process and protects members from arbitrary removal.

Article 324(5): CEC can be removed only by Presidential order after Parliament passes address with special majority (majority of total membership + 2/3 present and voting) on grounds of proved misbehaviour or incapacity. Same procedure as Supreme Court Judge removal (Article 124). Other ECs can be removed only on CEC's recommendation. Ensures EC's independence from executive.