Medium Level – GK Questions

National Emergency proclaimed thrice: (1) Oct 1962 - China aggression (lifted Jan 1968), (2) Dec 1971 - Indo-Pak war (lifted Mar 1977), (3) Jun 1975 - 'internal disturbance' (lifted Mar 1977). 1975 Emergency was controversial; led to 44th Amendment safeguards. State Emergency (Article 356) used over 120 times; Financial Emergency never used.

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(1)(a): President may assume State executive functions and declare that State Legislature powers shall be exercisable by Parliament. Assembly may be: (a) suspended (not dissolved), allowing revival if President's Rule revoked, or (b) dissolved, requiring fresh elections. SR Bommai case held that dissolution should not be automatic; Assembly can be revived if Proclamation struck down by court.

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 356(1): President may issue Proclamation if satisfied (on Governor's report or otherwise) that State government cannot be carried on per Constitution. 'Or otherwise' allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use.

Article 352(5): Emergency approved by Parliament remains in force for 6 months from date of approval. Can be extended indefinitely by Parliamentary approval every 6 months (special majority each time). 44th Amendment ensured periodic legislative review, preventing indefinite Emergency without fresh mandate.

Article 352(3), inserted by 44th Amendment (1978): President can proclaim Emergency only after receiving written recommendation of Cabinet (not just PM). This curbs arbitrary use by ensuring collective responsibility. Written record enables judicial review and parliamentary scrutiny of Emergency declaration.

Original Article 352 allowed Emergency on grounds of 'war, external aggression, or internal disturbance'. 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' to prevent misuse (as during 1975 Emergency). Now, mere internal unrest cannot justify National Emergency; must be armed rebellion of significant scale.

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.

Article 243K(2): State Election Commissioner's removal conditions same as High Court Judge (Article 217): Presidential order after Parliament address with special majority. Ensures independence of State Election Commission from State executive, enabling impartial conduct of local elections. Critical for democratic decentralization at grassroots.

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(3): Finance Commission recommendations are advisory, not binding. However, by convention and political consensus, most recommendations are accepted. President lays FC report before Parliament with action-taken report. States often lobby for favorable devolution. FC's moral authority and technical expertise ensure significant influence on fiscal policy.

Article 151(1): CAG reports on Union accounts submitted to President, who lays them before Parliament. Article 151(2): Reports on State accounts submitted to Governor, laid before State Legislature. Public Accounts Committee (PAC) examines CAG reports to ensure executive accountability for public expenditure. Critical for legislative financial oversight.

Article 149: CAG audits: (a) Union Government accounts, (b) State Government accounts, (c) Bodies substantially financed by Union/State funds (as Parliament/State Legislature may prescribe). CAG reports on Union accounts submitted to President (laid before Parliament); on State accounts to Governor (laid before State Legislature). Ensures financial accountability at all levels.

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 322: UPSC expenses charged on Consolidated Fund of India (not subject to annual parliamentary vote). Similar provision for State PSCs (Article 322). Financial insulation protects UPSC from executive pressure, ensuring impartial conduct of recruitment and advisory functions. Critical for merit-based civil services.

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.

MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.

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 appoints CEC and ECs. Conventionally, appointments made based on recommendations of selection committee. 2023 Supreme Court judgment (Anoop Baranwal case) mandated selection committee: PM + Leader of Opposition + CJI. Parliament can make alternative law; as of 2024, new law under consideration. Aims to depoliticize appointments.