MCQ – GK Questions

The 44th Amendment Act, 1978 was passed by the Janata Party government to undo authoritarian changes made during the 1975-77 Emergency. Key reversals: (1) Restored judicial review of emergency proclamations, (2) Made 'armed rebellion' (not 'internal disturbance') the ground for National Emergency, (3) Protected Articles 20-21 from suspension during Emergency, (4) Restored Parliament's term to 5 years.

Article 200 gives the Governor three options on State Bills: (1) Give assent (Bill becomes law), (2) Withhold assent (Bill fails), (3) Reserve for President's consideration (mandatory for certain Bills affecting High Court, compulsory for Bills derogating from High Court powers). The Governor can also return a Bill (not Money Bill) for reconsideration, but must assent if re-passed.

The landmark S.R. Bommai case (1994) established strict guidelines for imposing President's Rule under Article 356: (1) Floor test is the primary method to test majority, (2) Presidential proclamation is subject to judicial review, (3) State Assembly can only be dissolved after Parliament approves the proclamation, (4) Secularism is part of basic structure. This curbed arbitrary use of Article 356.

The 103rd Amendment Act, 2019 added Articles 15(6) and 16(6) to provide 10% reservation in education and government jobs for Economically Weaker Sections (EWS) among citizens not covered under existing reservations (SC/ST/OBC). It amended the definition of 'backward classes' to exclude EWS, sparking debates on equality and reservation policy.

Article 371A grants special provisions to Nagaland: (1) No Act of Parliament on Naga religious/social practices, customary law, civil/criminal justice involving customary law, or land ownership/transfer applies unless the Nagaland Legislative Assembly so decides. This protects Naga tribal identity and autonomy within the Indian Union.

Article 156 states that the Governor holds office 'during the pleasure of the President'. This means the President can remove the Governor at any time without assigning reasons. However, conventions suggest removal should not be arbitrary. The Governor's term is normally 5 years, but they can resign or be removed earlier.

The 101st Constitutional Amendment Act, 2016 introduced the Goods and Services Tax (GST), subsuming multiple central and state indirect taxes. It added Article 246A (concurrent power to levy GST), Article 269A (IGST on inter-state trade), and established the GST Council under Article 279A for cooperative federalism in tax administration.

Article 370 granted special autonomous status to Jammu and Kashmir, allowing it to have its own Constitution, flag, and autonomy over all matters except defense, foreign affairs, finance, and communications. It was abrogated on August 5, 2019, via Presidential Order and the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the state into two Union Territories.

PIL was pioneered in India by Justices P.N. Bhagwati and V.R. Krishna Iyer in the late 1970s-early 1980s. They relaxed the traditional rule of 'locus standi', allowing any public-spirited citizen to file petitions for enforcement of rights of disadvantaged groups. Landmark cases: Hussainara Khatoon (1979), S.P. Gupta (1981).

The Governor's discretionary powers (not bound by Council of Ministers' advice) include: (1) Appointing CM when no party has clear majority, (2) Dismissing a ministry that loses majority but refuses to resign, (3) Dissolving Assembly if ministry loses majority, (4) Reserving a Bill for President's consideration. Options B and C are normally done on ministerial advice.

The 91st Amendment Act, 2003 added Article 164(1A) and amended Article 75(1A) to cap the Council of Ministers at 15% of the total strength of the Lok Sabha or State Legislative Assembly. It also barred defectors from holding public office until re-elected or until the term ends.

Miscellaneous provisions serve critical functions: (a) Operationalize core principles (e.g., Article 330-342 for political representation of SC/ST), (b) Create institutional mechanisms (e.g., Article 312 for AIS, Article 323A for tribunals), (c) Provide safeguards (e.g., Article 361 for immunities, Article 350B for linguistic minorities), (d) Enable transition (e.g., Article 392-395). These 'technical' provisions are essential for making constitutional ideals practically enforceable while maintaining flexibility for evolving governance needs.

Article 371-I (Goa): (a) Protection of existing laws, (b) Administrative arrangements for Goa's integration, (c) Unique provision: Legislative Assembly shall consist of not less than 30 members (smaller than typical State minimum of 60 under Article 170). Recognizes Goa's small size/population while ensuring democratic representation. Illustrates Constitution's flexibility to accommodate diverse State characteristics.

Article 116(1)(a): Vote on Account - Lok Sabha may make grant for estimated expenditure for part of financial year pending completion of budget process. Typically for 2 months (extended to election year). Enables government functioning during transitional period without violating 'no taxation without representation' principle. Distinct from Supplementary Grant (unforeseen expenditure) and Excess Grant (post-facto approval).

Article 394: Certain Articles came into force on 26.11.1949 (adoption date): Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379-392, 393-395. Remaining Articles (including FRs, DPSP, federal structure) came into force on 26.01.1950 (commencement date). Enabled preparatory actions (citizenship determination, election arrangements) before full constitutional implementation.

Article 392 (Temporary provisions): President could make orders to remove difficulties in giving effect to Constitution during transitional period. Power available for 3 years from Constitution commencement (26.01.1950 to 25.01.1953). Enabled smooth transition from Government of India Act, 1935 to new constitutional framework. Illustrates Constitution's pragmatic approach to implementation challenges.

Article 101(3) (Parliament) and Article 190(3) (State Legislatures): If member absent from all meetings for 60 days without House permission, seat may be declared vacant. Computed excluding periods when House is adjourned for >4 consecutive days. Ensures active participation by elected representatives; prevents absenteeism while allowing genuine exemptions with permission.

Article 371 (original): Special provisions for Maharashtra and Gujarat: (a) Governor's special responsibility for equitable development of Vidarbha, Marathwada (Maharashtra) and Saurashtra, Kutch (Gujarat), (b) Regional development boards, (c) Equitable allocation of funds. Addresses regional imbalances within States formed on linguistic basis in 1960. Model for subsequent Article 371 clauses for other States.

104th Constitutional Amendment Act, 2019: (a) Extended SC/ST reservation in Lok Sabha/Assemblies till 2030, (b) Omitted Article 331 (Anglo-Indian nomination to Lok Sabha) and Article 333 (Anglo-Indian nomination to State Assemblies). Rationale: Anglo-Indian community's distinct identity has diminished; reservation based on social/educational backwardness principle. Controversial but constitutionally valid.

Article 312(1): Rajya Sabha can pass resolution by 2/3 of members present and voting declaring it expedient in national interest to create new All India Services common to Union and States. Currently three AIS: IAS, IPS, IFoS. Proposed: Indian Forest Service already exists; Indian Judicial Service, Indian Education Service debated. Enables national-level administrative cadre while respecting federal structure.