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Answer: Flexible federalism with Union supremacy in national interest
Indian federalism: (a) Division of powers via three Lists, but residuary powers with Union, (b) States have executive/legislative autonomy in State List, but Union can legislate during Emergency/with Rajya Sabha resolution, (c) Financial autonomy via tax devolution, but Finance Commission and GST Council ensure coordination, (d) Governor as bridge between Centre-State. Designed for unity in diversity: flexible enough for regional needs, strong enough for national challenges.
Answer: Article 303
Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303(1): Neither Parliament nor State Legislature can make law giving preference to one State over another or discriminating between States by virtue of any entry in Lists. Exception: Article 303(2) allows preference to address scarcity of goods. Balances economic unity with regulatory needs.
Answer: Union Government
Article 248: Residuary powers vested with Parliament (Union). Includes power to make laws on any matter not enumerated in Concurrent or State List, including power to impose taxes not mentioned in either List. Gives Indian federalism strong unitary bias, unlike USA where residuary powers rest with States. Reflects Constituent Assembly's priority for national unity post-Partition.
Answer: Hindi
Article 345: State Legislature may adopt: (a) any language in use in State, OR (b) Hindi, as official language(s). Subject to Article 346 (language for communication between States/with Union) and Article 347 (President's direction for recognition of language). Balances State linguistic autonomy with national integration needs.
Answer: Supreme Court
Article 262(2): Parliament may exclude jurisdiction of Supreme Court/other courts over inter-State water disputes. Inter-State Water Disputes Act, 1956: Tribunals' awards have same force as Supreme Court orders; binding on parties. 2019 amendment makes awards final and binding, with implementation monitoring mechanism. Balances judicial finality with specialized expertise.
Answer: 1/3, 2/3
Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: (a) Union Government: 1/3 vote weight, (b) All State Governments collectively: 2/3 vote weight. Ensures neither Union nor States can dominate; requires consensus on GST rates, exemptions, thresholds. Exemplifies cooperative fiscal federalism in practice.
Answer: Both Articles 256 and 257
Article 256: States must exercise executive power to ensure compliance with Parliament laws and existing laws; Union may give directions. Article 257: Extends to Union directions on matters like construction/maintenance of means of communication of national/military importance, protection of railways, etc. Ensures national policy implementation while respecting State executive domain.
Answer: Union law prevails unless State law has Presidential assent
Article 254(1): In repugnancy between Union and State law on Concurrent List, Union law prevails. Exception under Article 254(2): If State law reserved for President's consideration and receives assent, it prevails in that State (but Parliament can still override by subsequent law). Balances Union supremacy with State flexibility.
Answer: Writs are powerful tools for enforcing rights, checking executive excess, and ensuring constitutional governance
Writ jurisdiction (Articles 32, 226) is cornerstone of Indian constitutionalism: (a) Enforces Fundamental Rights and legal rights, (b) Checks executive/judicial excesses through judicial review, (c) Ensures accountability via Mandamus, Certiorari, etc., (d) Adapts to new challenges through PIL, continuing mandamus. Empowers courts as guardians of Constitution and protectors of citizens' rights against State power.
Answer: Both audi alteram partem and nemo judex in causa sua
Natural justice principles: (a) Audi alteram partem (hear the other side: right to notice, hearing, cross-examination), (b) Nemo judex in causa sua (no one should be judge in own cause: rule against bias). Violation of either can be ground for Certiorari to quash order of judicial/quasi-judicial body. Ensures fair procedure in administrative/judicial decisions.
Answer: Substantive and public in character
Quo Warranto conditions: (a) Office must be substantive (not mere employment/function), (b) Created by Constitution/statute, (c) Public in character (governmental function), (d) Person must assert claim to office, (e) Claim must be without legal authority. Not issued for: (a) Private offices, (b) Offices held at pleasure, (c) Mere declarations of right.
Answer: Detention under preventive detention law with procedural compliance
Habeas Corpus not issued if: (a) Detention is lawful (e.g., valid conviction, preventive detention with procedural safeguards under Article 22), (b) Proceeding is for contempt of court/legislature, (c) Detention by competent court. However, if preventive detention violates procedural safeguards (e.g., no communication of grounds, no advisory board), HC/SC can issue Habeas Corpus.
Answer: Discretionary duty
Mandamus compels performance of: (a) Statutory duty (imposed by law), (b) Ministerial duty (no discretion), (c) Public duty. Cannot compel: (a) Discretionary duty (court cannot dictate how discretion exercised, only that it be exercised fairly), (b) Private contracts, (c) Internal legislative proceedings. Respects separation of powers while ensuring accountability.
Answer: An adequate alternative remedy is available
Though Article 32 is a Fundamental Right, SC exercises discretion: may refuse writ if (a) adequate alternative remedy exists (e.g., statutory appeal), (b) petition is frivolous/mala fide, (c) suppression of facts, (d) delay/laches. However, for grave FR violations or where alternative remedy is illusory, SC entertains petition. Balances access to justice with judicial economy.
Answer: Throughout the territory of India
Article 32(2): Supreme Court's writ jurisdiction extends throughout India. High Court's jurisdiction under Article 226 is limited to: (a) territories within its State, OR (b) cause of action arising within its territories even if respondent resides outside. SC's nationwide jurisdiction ensures uniform FR protection across country.
Answer: Public official failing to perform statutory duty
Mandamus: Issued by higher court to lower court/tribunal/public authority to perform public duty imposed by law. Cannot be issued against: (a) private individuals/bodies, (b) President/Governors (constitutional heads), (c) Legislature (law-making), (d) discretionary duties. Ensures executive accountability for statutory obligations.
Answer: Article 32
Article 32(1): Right to move Supreme Court for enforcement of Fundamental Rights is itself a Fundamental Right. Dr. Ambedkar called it the 'heart and soul' of Constitution. SC can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. Makes FRs enforceable, not merely declaratory.
Answer: Parliament can amend any provision but cannot destroy or alter the basic structure
Indian constitutional amendment framework: (a) Parliament has wide power to amend Constitution under Article 368 (including Fundamental Rights), (b) But Kesavananda Bharati (1973) limits this power: cannot alter basic structure, (c) Supreme Court is final arbiter of what constitutes basic structure, (d) Balance enables constitutional evolution while protecting core democratic values. Unique model blending flexibility with permanence.
Answer: State governments must enjoy constitutional protection against arbitrary dismissal
SR Bommai v. Union of India (1994): Held federalism is basic structure; State governments have constitutional status; President's Rule under Article 356 subject to judicial review; floor test is primary method to test majority; State Assembly dissolution not automatic. Protects States from arbitrary Union interference while preserving Union's emergency powers for genuine breakdowns.
Answer: Around 100
As of 2024, over 105 Constitutional Amendment Acts have been enacted since 1950. First Amendment (1951) addressed land reforms and free speech restrictions; latest amendments address GST, EWS reservation, cooperative societies, etc. Reflects Constitution's flexibility to adapt to changing socio-economic-political needs while preserving core values.