Medium Level – GK Questions

Article 279A (inserted by 101st Amendment, 2016): GST Council chaired by Union Finance Minister; members include Union Minister of State for Finance + State Finance Ministers. Decisions by 3/4 majority: Centre has 1/3 vote weight, States collectively 2/3. Exemplifies cooperative federalism in fiscal matters.

Article 275: Parliament may make statutory grants-in-aid to States in need, charged on Consolidated Fund of India (not subject to annual vote). Includes specific grants for welfare of STs, improvement of administration in Assam, etc. Distinct from Article 282 grants (for public purpose, discretionary).

Article 280: President constitutes Finance Commission every 5 years (or earlier) comprising Chairman + 4 members. Recommendations cover: (a) tax devolution between Centre-States, (b) grants-in-aid to States, (c) augmenting State Panchayat/Municipality funds. 15th FC (2020-25) recommended 41% vertical devolution to States.

Article 312: All India Services (IAS, IPS, IFoS) are created by Parliament but serve under both Union and States. Officers are recruited/trained by Union (UPSC) but serve in State cadres under State control. Disciplinary control is shared: State initiates, but major penalties require Union consultation. Balances federal needs with national standards.

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.

Article 254(1): In case of repugnancy between Union and State law on Concurrent List, Union law prevails. Exception under Article 254(2): If State law reserved for President's consideration and receives assent, it prevails in that State (but Parliament can still override by subsequent law).

Article 248: Residuary powers are vested with Parliament (Union), not States. This includes power to make laws on any matter not enumerated in Concurrent or State List, including power to impose taxes not mentioned in either List. This gives Indian federalism a strong unitary bias, unlike USA where residuary powers rest with States.

The 61st Constitutional Amendment Act, 1988 amended Article 326 to reduce the voting age for Lok Sabha and State Legislative Assembly elections from 21 to 18 years. This was aimed at empowering youth and increasing democratic participation. It came into effect in 1989.

The Right to Privacy is not explicitly mentioned in the Constitution's text. However, in the landmark Justice K.S. Puttaswamy v. Union of India case (2017), a nine-judge bench of the Supreme Court unanimously held that Right to Privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21, and thus a Fundamental Right.

The First Schedule of the Constitution lists the States and Union Territories of India along with their territorial jurisdictions. It is amended whenever there is reorganization of States (e.g., creation of Telangana in 2014) or changes in Union Territory status.

Article 85 states that the President shall summon each House of Parliament to meet such that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. This ensures parliamentary accountability and regular legislative business.

Article 21A, inserted by the 86th Amendment Act, 2002, makes education a Fundamental Right for children aged 6 to 14 years. The State is obligated to provide free and compulsory education to this age group. This was operationalized through the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

The Directive Principles of State Policy (Part IV) were indeed borrowed from the Irish Constitution (Bunreacht na hÉireann), which itself was influenced by Spanish constitutional principles. The Indian Constitution adapted these principles to suit India's socio-economic context and development goals.

Only amendments that affect federal structure or State interests (e.g., election of President, extent of executive power of Union/States, Supreme Court/High Courts, distribution of legislative powers, representation of States in Parliament, Article 368 itself) require ratification by at least half of State Legislatures. Other amendments need only special majority in Parliament.

Article 23 prohibits trafficking in human beings, begar (forced labour), and other similar forms of forced labour. Any contravention is punishable by law. Article 24 separately prohibits employment of children below 14 years in factories, mines, or hazardous occupations.

The CAG is appointed by the President under Article 148. For removal, Article 148(1) states that the CAG can be removed only on the grounds and in the manner provided for the removal of a Supreme Court Judge (i.e., by Presidential order after an address by both Houses of Parliament supported by special majority on grounds of proved misbehavior or incapacity).

Under Article 117, a Money Bill (dealing with taxation, government expenditure, etc.) can be introduced in Lok Sabha only with the prior recommendation of the President. Additionally, Money Bills can only be introduced in Lok Sabha (not Rajya Sabha), and Rajya Sabha has limited powers over them (can only recommend changes within 14 days).

Following the Kesavananda Bharati judgment (1973) and subsequent cases like Minerva Mills (1980), the Supreme Court has the power of judicial review over constitutional amendments. It can strike down amendments that violate the 'basic structure' of the Constitution, even if passed with the required majority under Article 368.

The Basic Structure Doctrine was established in the landmark Kesavananda Bharati v. State of Kerala case (1973). The Supreme Court held that while Parliament has power to amend the Constitution under Article 368, it cannot alter the 'basic structure' or essential features of the Constitution (e.g., supremacy of Constitution, secularism, federalism, judicial review).

Fundamental Rights are not absolute. Most rights can be restricted by the State under reasonable restrictions specified in the Constitution itself (e.g., Article 19 allows restrictions on freedom of speech in interests of sovereignty, security, public order, etc.). Some rights can also be suspended during a National Emergency (except Articles 20 and 21).