MCQ – GK Questions

Article 75(3): Council of Ministers is collectively responsible to Lok Sabha. This means: (a) Ministry falls if Lok Sabha passes no-confidence motion, (b) Ministers defend government policies jointly, (c) Resignation of PM dissolves entire Council. This is cornerstone of parliamentary democracy.

Article 67(b): VP can be removed by Rajya Sabha passing a resolution by majority of all then-members, and agreed to by Lok Sabha. No impeachment process needed; simple majority suffices. Notice of at least 14 days must be given. This reflects VP's primary association with Rajya Sabha.

44th Amendment (1978) made it mandatory for President to act on written Cabinet advice for all three Emergencies: National (Article 352), State/President's Rule (Article 356), and Financial (Article 360). This curbed potential misuse and reinforced collective responsibility.

Speaker of Lok Sabha is elected by members of Lok Sabha from amongst themselves (Article 93). President appoints PM (Article 75), CJI (Article 124), CEC (Article 324), Governors, Judges, etc. Understanding appointment authorities is crucial for Polity questions.

Article 54: President is elected by an Electoral College comprising elected members of Lok Sabha, Rajya Sabha, and State Legislative Assemblies. Nominated members of Parliament and State Legislatures, and members of Legislative Councils do not participate. The election follows proportional representation by single transferable vote.

In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of balance between Fundamental Rights (Part III) and Directive Principles (Part IV). Neither has primacy; they are complementary and supplementary, together forming the core of constitutional philosophy.

Article 38(2), added by the 44th Amendment (1978), directs the State to minimise inequalities in income, status, facilities, and opportunities not only among individuals but also among groups of people residing in different areas or engaged in different vocations. It strengthens the egalitarian vision of the Constitution.

Article 42 directs the State to make provision for securing just and humane conditions of work and for maternity relief. This has led to legislation like the Maternity Benefit Act, 1961 (amended 2017), Factories Act, and various labour welfare laws ensuring worker protections.

Article 48A was inserted by the 42nd Amendment (1976) directing the State to protect and improve the environment and to safeguard forests and wildlife. This, along with Article 51A(g) (Fundamental Duty), forms the constitutional basis for environmental jurisprudence in India.

Article 43A was inserted by the 42nd Amendment (1976) to secure participation of workers in management of industries, undertakings, or other organisations. This aims at industrial democracy and has been partially implemented through provisions in the Companies Act and labour laws.

Article 48 directs the State to: (a) organise agriculture and animal husbandry on modern and scientific lines, (b) preserve and improve breeds of cattle, and (c) prohibit slaughter of cows, calves, and other milch and draught cattle. It reflects Gandhian and economic planning principles.

Article 44 states: 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.' It aims to replace personal laws based on religion with a common set of laws governing marriage, divorce, inheritance, etc. It remains unimplemented due to political and social sensitivities.

Gandhian principles in DPSP include: village panchayats (Article 40), cottage industries (Article 43), prohibition of intoxicants (Article 47), and protection of cows (Article 48). Uniform Civil Code (Article 44) is a liberal-intellectual principle, not specifically Gandhian.

Part IV (Articles 36-51) contains Directive Principles of State Policy (DPSP). They are non-justiciable (not enforceable by courts) but fundamental in governance. The State is duty-bound to apply them while making laws, aiming to establish social and economic democracy.

Article 34 empowers Parliament to indemnify any person (government servant or other) for acts done in connection with martial law to restore order in any area. It also validates sentences passed or acts done during martial law. This is a rare provision invoked only in extreme situations of rebellion or war.

Certiorari ('to be certified') is issued by a higher court to a lower court/tribunal to quash its order when it exceeds jurisdiction or violates principles of natural justice. Prohibition is preventive (issued before order), while Certiorari is curative (issued after order). Both available under Articles 32 & 226.

Article 29(1) protects the right of any section of citizens (not just minorities) residing in India having a distinct language, script, or culture to conserve the same. Article 29(2) prohibits denial of admission to State-funded educational institutions on grounds of religion, race, caste, language, or any of them.

Article 26 grants religious denominations (or sections thereof) four rights: (a) establish and maintain institutions for religious/charitable purposes, (b) manage their own affairs in matters of religion, (c) own and acquire movable/immovable property, (d) administer such property according to law. Subject to public order, morality, and health.

Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention is punishable by law. However, the State can impose compulsory service for public purposes (e.g., military service, disaster relief) without discrimination.

In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a 9-judge bench unanimously held that right to privacy is a fundamental right under Article 21. While Maneka Gandhi (1978) expanded Article 21 to include due process, Puttaswamy specifically recognized privacy as intrinsic to life and liberty.