Medium Level – GK Questions

Olga Tellis (Pavement Dwellers Case, 1985): SC held: (a) Right to livelihood is integral to right to life under Article 21 (no person can live without means of living), (b) Eviction of pavement dwellers without alternative arrangement violates Article 21, (c) However, State can evict for public purpose with due procedure and rehabilitation. Expanded scope of Article 21 beyond physical existence to dignified life.

M.C. Mehta (Oleum Gas Leak, 1987): SC evolved 'absolute liability' principle: enterprises engaged in hazardous/inherently dangerous activities are absolutely liable for harm caused, without exceptions available under strict liability (Rylands v. Fletcher). No defense of act of God, third party, etc. Foundation for environmental jurisprudence; led to compensation for Bhopal victims, pollution control measures.

Unnikrishnan (1993): SC held right to education up to age 14 is fundamental right implicit in Article 21 (life with dignity). Directed State to provide free education within economic capacity. Led to 86th Amendment (2002) inserting Article 21A making education for 6-14 years a Fundamental Right, operationalized by RTE Act, 2009. Illustrates judicial legislation prompting constitutional amendment.

Hussainara Khatoon (1979): SC held right to speedy trial is implicit in Article 21 (life and personal liberty). Case involved undertrial prisoners detained for periods longer than maximum sentence for alleged offences. Led to release of thousands of undertrials; established procedural due process as part of Article 21. Foundation for subsequent PILs on prison reforms, legal aid, human rights.

Article 155 states: 'The Governor of a State shall be appointed by the President by warrant under his hand and seal.' The 'seal' refers to the Seal of the Union (not State), emphasizing that the Governor is a Union appointee representing the Centre in the State. This reflects the federal balance in India's quasi-federal structure.

The Committee on Public Undertakings (CPU) has 22 members (15 LS + 7 RS) and examines reports of the CAG on public sector undertakings. It assesses efficiency, financial performance, and autonomy of PSUs. Like PAC, its Chairman is traditionally from the Opposition, ensuring non-partisan scrutiny of government enterprises.

The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule (Anti-Defection Law) to curb political defections motivated by lure of office or similar considerations. It was a response to the 'Aya Ram, Gaya Ram' phenomenon of the 1960s-70s. The law was later strengthened by the 91st Amendment (2003) removing the 'split' exception.

Article 78(a) requires the Prime Minister to communicate all Council of Ministers' decisions to the President, but does not specify language. Article 346 allows communication between States and with the Union in Hindi or English. In practice, English remains dominant in high-level executive communication due to administrative continuity and linguistic diversity.

Article 316 states that UPSC Chairman and members are appointed by the President. For removal, Article 317 requires: (1) Presidential reference to Supreme Court for inquiry, (2) Supreme Court report confirming misbehaviour/incapacity, (3) Presidential order of removal. This ensures independence while maintaining accountability for constitutional office-holders.

In Rudul Sah v. State of Bihar (1983) and subsequent cases, the Supreme Court held that it can award monetary compensation in PIL/writ petitions for violation of Fundamental Rights, especially under Article 32. This 'constitutional tort' remedy provides immediate relief to victims when ordinary civil remedies are inadequate, enhancing access to justice.

Rule 198 of Lok Sabha Rules allows a No-Confidence Motion against the Council of Ministers only in Lok Sabha (not Rajya Sabha), as the government is collectively responsible to Lok Sabha (Article 75(3)). It requires support of at least 50 members for admission. If passed, the government must resign. This is a key tool of parliamentary accountability.

In Hussainara Khatoon v. State of Bihar (1979) and Kadra Pahadiya v. State of Bihar (1983), the Supreme Court held that 'speedy trial' is an essential component of 'reasonable, fair, and just procedure' under Article 21. Delayed justice violates personal liberty, especially for undertrial prisoners. This has driven reforms in criminal justice administration.

The 97th Amendment Act, 2011 added Part IXB to the Constitution for regulation of Cooperative Societies. It mandated democratic elections, fixed terms, and audit requirements for cooperatives. However, in 2021, the Supreme Court struck down parts related to State cooperatives (violating federalism), upholding only provisions for multi-State cooperatives.

The Official Languages Act, 1963 (amended in 1967) allows English to continue indefinitely for: (1) Official purposes of the Union, (2) Parliamentary proceedings, (3) Central-State and inter-State communication, (4) Competitive exams. This was a pragmatic solution to linguistic diversity, balancing Hindi promotion with administrative continuity.

Article 371F, added by the 36th Amendment Act, 1975, provides special provisions for Sikkim's integration into India. It protects Sikkim's existing laws, land ownership patterns, and reservation policies. It also allows the Parliament to determine the number of seats for Sikkim in Lok Sabha and State Assembly, ensuring representation while preserving local identity.

Article 338 establishes the National Commission for Scheduled Castes (NCSC) as a constitutional body. The 89th Amendment Act, 2003 bifurcated the earlier combined commission into separate NCSC (Article 338) and National Commission for Scheduled Tribes (NCST, Article 338A). Both have powers of a civil court for investigating safeguards implementation.

Article 213 empowers the Governor to promulgate Ordinances when the State Legislature is not in session, if satisfied that circumstances require immediate action. Ordinances have the same force as Acts but must be approved by the Legislature within 6 weeks of reassembly, or they lapse. The Governor's satisfaction is subject to judicial review for mala fides.

The Estimates Committee has 30 members, all elected from Lok Sabha by proportional representation. It examines estimates included in the Budget and suggests economies, improvements, and administrative reforms. Unlike PAC, it cannot question policy, only examine expenditure efficiency. Its reports are advisory but carry significant weight.

Paragraph 4 of the Tenth Schedule provides an exception to disqualification: if 2/3rd of a legislature party's members merge with another party, neither the merging members nor those who remain face disqualification. This provision balances party discipline with democratic realignment, though the 91st Amendment (2003) removed the 'split' exception (1/3rd members).

Article 345 empowers State Legislatures to adopt any language(s) in use in the State or Hindi as the official language for state-level administration. For example, Tamil Nadu uses Tamil, Kerala uses Malayalam, while some states like Karnataka use both Kannada and English. However, communication with the Union must be in Hindi or English (Article 346).