MCQ – GK Questions

86th Amendment (2002): (a) Inserted Article 21A making free and compulsory education for children 6-14 years a Fundamental Right, (b) Modified Article 45 to focus on early childhood care (below 6 years), (c) Added Fundamental Duty under Article 51A(k) for parents/guardians to provide education opportunities. Operationalized by RTE Act, 2009.

42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble; inserted Fundamental Duties (Part IVA); expanded DPSP; curtailed judicial review; gave Parliament unlimited amending power (later struck down in Minerva Mills). Enacted during 1975-77 Emergency; many provisions diluted by 43rd/44th Amendments post-Emergency.

Kesavananda Bharati v. State of Kerala (1973): 13-judge bench held Parliament can amend any part of Constitution but cannot alter its 'basic structure'. Basic features include: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity. Landmark judgment balancing parliamentary sovereignty with constitutional supremacy.

Article 368(2): Special majority = (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. This ensures broad consensus for constitutional changes. Some amendments additionally require ratification by half of State Legislatures (federal provisions).

Emergency provisions reflect constitutional balance: (a) Enable strong Union response to existential threats (war, financial collapse, State breakdown), (b) But include safeguards: written Cabinet advice, Parliamentary approval, judicial review (SR Bommai), non-suspendable rights (Articles 20-21), time limits. Designed for temporary crisis management, not permanent authoritarianism. 44th Amendment strengthened this balance post-1975 experience.

Article 250(2): Laws made by Parliament on State List during Emergency cease to have effect 6 months after Emergency ends, except for things done/omitted before expiry. Allows transitional period for States to resume legislative competence while preventing permanent Union encroachment on State powers post-Emergency.

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).

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(1): President may proclaim Financial Emergency if satisfied that financial stability or credit of India (or any part) is threatened. Requires written Cabinet advice (44th Amendment). Must be approved by Parliament within 2 months by simple majority. Never invoked in India, but provisions exist for extreme fiscal crises.

Article 356(3): President's Rule proclamation must be approved by both Houses within 2 months by simple majority. If approved, remains in force for 6 months; can be extended maximum up to 3 years with Parliamentary approval every 6 months. After 1 year, extensions require: (a) National Emergency in India/State, AND (b) Election Commission certification that elections cannot be held.

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(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.

Part XVIII (Articles 352-360) contains three types of Emergency: (1) National Emergency under Article 352 (war, external aggression, armed rebellion), (2) State Emergency/President's Rule under Article 356 (failure of constitutional machinery in State), (3) Financial Emergency under Article 360 (threat to financial stability/credit of India).

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.

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.

Article 316(1): SPSC Chairman and members appointed by Governor. However, removal conditions same as UPSC: President can remove on Supreme Court inquiry report for misbehaviour. Ensures SPSC independence from State executive while maintaining accountability. SPSC advises State government on recruitment, promotions, disciplinary matters.

Common safeguards for independence: (a) Expenses charged on Consolidated Fund (Articles 322, 148, 324), (b) Removal only via special Parliamentary procedure (like SC Judge), (c) Fixed tenure (CEC: 6 years/65 years; UPSC: 6 years/65; CAG: 6 years/65), (d) Post-tenure restrictions on employment. These insulate constitutional bodies from executive pressure.

Article 280(1): Finance Commission comprises Chairman + 4 members appointed by President. Qualifications: expertise in public affairs, finance, economics, administration, law. Constituted every 5 years (or earlier) to recommend: (a) tax devolution between Centre-States, (b) grants-in-aid, (c) Panchayat/Municipality fund augmentation. Key institution for fiscal federalism.

Article 148(1): CAG appointed by President. Article 148(1) proviso: CAG can be removed only like Supreme Court Judge (Article 124): Presidential order after Parliament address with special majority on grounds of proved misbehaviour/incapacity. Ensures CAG's independence to audit government accounts without fear or favour.

Article 320: UPSC functions include: (a) Conduct exams for Union services, (b) Advise on appointments, promotions, transfers, disciplinary matters, (c) Advise on suitability of candidates. However, appointments to All India Services (IAS, IPS, IFoS) are made by President; UPSC only conducts exams and recommends candidates. Executive makes final appointments.