MCQ – GK Questions

Article 324(1): EC has plenary power over: (a) Lok Sabha and Rajya Sabha elections, (b) State Legislative Assembly and Council elections, (c) Presidential and Vice-Presidential elections. Includes preparation of electoral rolls, conduct of polls, enforcement of model code, recognition of parties. Makes EC one of world's most powerful election authorities.

Article 324(2): President determines number of Election Commissioners. Currently, EC has CEC + 2 ECs (multi-member body since 1989). President appoints them; CEC can be removed only like Supreme Court Judge; ECs can be removed only on CEC's recommendation. Ensures independence while allowing flexible composition.

73rd/74th Amendments aim to: (a) Decentralize power/functions/funds to local levels, (b) Ensure inclusive participation through reservations, (c) Enhance accountability via Gram Sabha/social audit, (d) Promote participatory planning. Not about creating parallel structures but strengthening federalism's third tier. Realizing this vision requires continuous political will, capacity building, and citizen engagement.

Constitution does not explicitly mandate capacity building; Article 243G/W empowers State Legislatures to endow Panchayats/Municipalities with powers/functions. Training is typically provided by State Institutes of Rural Development (SIRDs), National Institute of Rural Development (NIRD), and other agencies. Capacity gaps remain a challenge for effective decentralization.

PESA Act, 1996: Extends Part IX to Fifth Schedule areas (tribal areas in 10 States) with modifications: (a) Gram Sabha as primary unit, (b) Consultation with Gram Sabha for land acquisition, mining leases, etc., (c) Protection of tribal customs, community resources, traditional management. Empowers tribal self-governance while integrating with constitutional framework.

Article 243F: Disqualifications for Panchayat/Municipality membership: (a) As per State law, (b) Subject to Constitution: unsound mind (court declaration), undischarged insolvent, holding office of profit (as State law determines). State Election Commission decides disqualification questions. Balances State flexibility with constitutional safeguards.

Twelfth Schedule (Article 243W): 18 functional items for Municipalities including urban planning, regulation of land use, water supply, public health, slum improvement, urban poverty alleviation, parks, gardens, cemeteries, fire services, vital statistics, etc. States devolve powers/functions to Municipalities by law, enabling effective urban service delivery.

Article 243Q: Three types of Municipalities based on population, density, revenue: (a) Nagar Panchayat (transitional area), (b) Municipal Council (smaller urban area), (c) Municipal Corporation (larger urban area). Cantonment Boards are under Ministry of Defence, governed by Cantonments Act, 2006, not Part IXA.

Eleventh Schedule (Article 243G): 29 functional items for Panchayats including agriculture, land improvement, minor irrigation, rural housing, drinking water, roads, rural electrification, poverty alleviation, education, health, women and child development, etc. States may devolve powers/functions to Panchayats by law. Enables activity mapping for effective decentralization.

Article 243E: Panchayat term is 5 years. If dissolved earlier, elections within 6 months; new Panchayat serves only remainder of term. State Election Commission (Article 243K) conducts elections, independent of State government. Ensures regular, free, fair local elections, strengthening grassroots democracy.

73rd Constitutional Amendment Act, 1992 added Part IX (Articles 243-243O) giving constitutional status to Panchayati Raj Institutions (PRIs). Came into force on 24.04.1993. Made rural local self-government a justiciable part of Constitution, not merely Directive Principle. 74th Amendment (same year) did same for Urban Local Bodies.

Indian federalism is unique: (a) Federal in normal times (division of powers, independent judiciary, bicameralism), (b) Unitary in emergencies (Centre assumes State powers), (c) Flexible (Parliament can reorganize States, amend Constitution). Designed by Constituent Assembly to balance regional autonomy with national unity in diverse, post-partition India. Evolves through judicial interpretation and political practice.

Article 3: Parliament may by law: (a) form new States, (b) increase/decrease State area, (c) alter boundaries/name. Procedure: President refers bill to affected State Legislature(s) for views within specified period; Parliament not bound by views. Ensures federal consultation while preserving Union's power to reorganize States for administrative efficiency.

Article 368(2) proviso (in original Constitution): Amendments affecting: (a) election of President, (b) extent of executive power of Union/States, (c) Supreme Court/High Courts, (d) distribution of legislative powers, (e) representation of States in Parliament, (f) Article 368 itself, require ratification by legislatures of not less than half States. Protects federal features from unilateral Union amendment.

States Reorganisation Act, 1956 (not Constitution) established five Zonal Councils: Northern, Central, Eastern, Western, Southern. Each comprises CMs of member States + 2 other Ministers per State + Union Home Minister (Chairman). Advisory bodies promoting economic/social planning, border disputes resolution, inter-State transport coordination.

Article 263: President may establish Inter-State Council to inquire into and advise on: (a) disputes between States, (b) subjects of common interest, (c) policy recommendations. Established in 1990; chaired by PM; members include CMs of States, UTs, and Union Ministers. Promotes inter-governmental cooperation.

Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303: Neither Parliament nor State Legislature can discriminate between States or give preference, except to address scarcity. Article 304: States may impose reasonable restrictions with Presidential assent. Balances economic unity with regulatory needs.

Article 269: Taxes levied/collected by Union but assigned to States (e.g., estate duty on non-agricultural property, terminal taxes on goods/passengers) do not form part of Consolidated Fund of India. Article 270 covers taxes levied/collected by Union and distributed between Union and States (e.g., income tax). Article 268 covers duties levied by Union but collected/appropriated by States (e.g., stamp duties).

Article 256: State executive power must be exercised to ensure compliance with Parliament laws and existing laws applicable in State. Union can give directions to States for this purpose. Article 257 extends this to Union directions on matters like railways, communications. Ensures national policy uniformity.

Seventh Schedule contains three Lists: Union List (List I - 97 subjects), State List (List II - 61 subjects), Concurrent List (List III - 52 subjects). Parliament has exclusive power on Union List, State Legislatures on State List, and both on Concurrent List (Union law prevails in conflict).