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Upon disqualification under Tenth Schedule, the member ceases to be a member of the House and is also barred from being appointed as a ______ until re-election or expiry of term.
- Governor
- Minister
- Speaker
- Committee Chairman
Answer: Minister
Article 75(1B)/164(1B), inserted by 91st Amendment (2003): Person disqualified under Tenth Schedule cannot be appointed as Minister (Union or State) until re-elected or expiry of term, whichever earlier. Prevents reward of defectors with ministerial berths, strengthening anti-defection law's deterrent effect. Applies to CM, PM, and all ministers.
The Election Commission of India recognizes political parties as either 'National Parties' or 'State Parties' based on electoral performance criteria.
- True
- False
Answer: True
Election Symbols (Reservation and Allotment) Order, 1968: ECI recognizes parties as: (a) National Party: meets criteria in 6+ States (e.g., 6% votes + 4 LS seats in 4+ States, or 2% LS seats in 3+ States), (b) State Party: meets criteria in that State. Recognition grants benefits: reserved symbol, broadcast time, campaign advantages. Criteria revised periodically.
Under the Tenth Schedule, questions of disqualification on grounds of defection are decided by the ______ of the House.
- Chief Justice
- President/Governor
- Speaker/Chairman
- Election Commission
Answer: Speaker/Chairman
Paragraph 6(1) of Tenth Schedule: Speaker of Lok Sabha/State Assembly or Chairman of Rajya Sabha/State Council decides disqualification petitions. Their decision is subject to judicial review (Kihoto Hollohan case, 1992). Controversy exists over Speaker's impartiality when belonging to ruling party; reforms debated to transfer power to independent tribunal.
A nominated member of a House is disqualified under Tenth Schedule if they join any political party after the expiry of ______ months from the date on which they take their seat.
- 3
- 6
- 9
- 12
Answer: 6
Paragraph 2(3) of Tenth Schedule: Nominated members can join a political party within 6 months of taking seat without disqualification. After 6 months, joining any party leads to disqualification. Rationale: Allows nominated members time to align with political groups while preventing opportunistic late affiliations. Applies to Rajya Sabha and State Legislative Council nominated members.
An independent member elected to legislature is disqualified if they join any political party after election.
- True
- False
Answer: True
Paragraph 2(2) of Tenth Schedule: Independent member (elected without party symbol) is disqualified if they join any political party after election. Rationale: Voters elected them as independent; joining party post-election betrays electoral mandate. However, they can support a party without joining it, though this may have political consequences.
Under Paragraph 2(1)(b) of Tenth Schedule, a member is disqualified if they vote or abstain from voting contrary to the ______ issued by their party, without prior permission.
- notice
- whip
- directive
- order
Answer: whip
Paragraph 2(1)(b): Member disqualified if they vote/abstain contrary to party whip without prior permission, and such act is not condoned by party within 15 days. Whip is formal direction on voting. Exception: If vote/abstention relates to motion of no-confidence, confidence, money bill, or constitutional amendment, whip violation doesn't lead to disqualification (91st Amendment).
Under the Tenth Schedule, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
- True
- False
Answer: True
Paragraph 2(1)(a) of Tenth Schedule: A member is disqualified if they voluntarily give up membership of political party on whose ticket they were elected. 'Voluntarily giving up' includes actions showing resignation from party even without formal letter (Kihoto Hollohan case). Prevents opportunistic defections for personal gain.
The GST Council is an example of cooperative federalism where both Union and States participate in decision-making on indirect taxation.
- True
- False
Answer: True
GST Council (Article 279A): 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. Enables consensus-based decisions on GST rates, exemptions, thresholds. Exemplifies cooperative federalism: shared sovereignty in fiscal policy for 'One Nation, One Tax'.
The Supreme Court has original jurisdiction under Article 131 to adjudicate disputes between the Union and States or between States, except those arising from pre-Constitution ______.
- laws
- treaties
- agreements
- customs
Answer: treaties
Article 131 proviso: SC's original jurisdiction in federal disputes excludes matters arising from treaties, agreements, covenants, engagements, sanads entered into before Constitution commencement and continuing thereafter. Such disputes resolved per terms of instrument. Preserves historical arrangements while enabling judicial resolution of new federal conflicts through apex court's authoritative interpretation.
NITI Aayog, which replaced the Planning Commission in 2015, is a constitutional body established under Article 263.
- True
- False
Answer: False
NITI Aayog (National Institution for Transforming India): Established by executive resolution (2015), NOT constitutional body. Governing Council comprises PM + all CMs + UT Lt. Governors. Promotes cooperative federalism through policy dialogue, best practices sharing, competitive federalism rankings. Unlike Planning Commission's top-down approach, emphasizes 'Team India' with States as partners.
Under Article 3, Parliament can form new States or alter boundaries of existing States, but must first refer the proposal to the affected State Legislature(s) for expressing views within a period specified by the ______.
- Supreme Court
- President
- Prime Minister
- Speaker
Answer: President
Article 3 procedure: (a) Bill introduced in Parliament only on President's recommendation, (b) President refers bill to affected State Legislature(s) for views within specified period, (c) Parliament not bound by State views. Ensures federal consultation while preserving Union's power to reorganize States for administrative efficiency, linguistic considerations, or developmental needs.
Under Article 345, a State Legislature may adopt any language(s) in use in the State or ______ as the official language(s) of that State.
- English
- Hindi
- Sanskrit
- any language included in Eighth Schedule
Answer: Hindi
Article 345: State Legislature may adopt: (a) any language in use in State, OR (b) Hindi, as official language(s). Subject to Article 346 (language for communication between States/with Union) and Article 347 (President's direction for recognition of language). Balances State linguistic autonomy with national integration needs.
Zonal Councils, which promote inter-State cooperation, were established by the States Reorganisation Act, 1956, and are chaired by the ______.
- Prime Minister
- Home Minister
- Chief Justice
- Finance Minister
Answer: Home Minister
States Reorganisation Act, 1956 (not Constitution): Established five Zonal Councils (Northern, Central, Eastern, Western, Southern). Each comprises: CMs of member States + 2 Ministers per State + Union Home Minister (Chairman). Advisory bodies promoting: economic/social planning, border disputes resolution, inter-State transport coordination. Complements constitutional federal mechanisms.
Under Article 270, taxes levied and collected by the Union but distributed between Union and States include income tax (excluding agricultural income tax) and ______.
- customs duty
- corporation tax
- excise duty on tobacco
- GST
Answer: corporation tax
Article 270: Taxes levied/collected by Union and distributed: (a) Income tax (excluding agricultural income), (b) Corporation tax. Distribution per Finance Commission recommendations (15th FC: 41% to States). Distinct from Article 268 (Union duties collected/appropriated by States) and Article 269 (Union taxes assigned to States). Complex fiscal federalism architecture.
The Inter-State Council, established under Article 263, is chaired by the Prime Minister and includes Chief Ministers of all States and Union Territories with legislatures, promoting ______ federalism.
- competitive
- cooperative
- fiscal
- administrative
Answer: cooperative
Article 263: President may establish Inter-State Council to: (a) inquire into and advise on disputes between States, (b) investigate subjects of common interest, (c) make policy recommendations. Established 1990; chaired by PM; members include CMs, UT Lt. Governors, Union Ministers. Institutionalizes dialogue and consensus-building in Centre-State relations.
Officers of All India Services like IAS and IPS are recruited by the Union but serve under the control of State Governments in State cadres.
- True
- False
Answer: True
Article 312: All India Services (IAS, IPS, IFoS) created by Parliament; recruited/trained by Union (UPSC); serve in State cadres under State control for day-to-day administration. Disciplinary control shared: State initiates proceedings, but major penalties require Union consultation. Balances national standards with State administrative autonomy; key feature of Indian federalism.
Under Article 256, States are obligated to exercise executive power to ensure compliance with laws made by Parliament. The Union can give directions to States for this purpose under which Article?
- Article 256 only
- Article 257 only
- Both Articles 256 and 257
- Article 258
Answer: Both Articles 256 and 257
Article 256: States must exercise executive power to ensure compliance with Parliament laws and existing laws; Union may give directions. Article 257: Extends to Union directions on matters like construction/maintenance of means of communication of national/military importance, protection of railways, etc. Ensures national policy implementation while respecting State executive domain.
In case of conflict between a Union law and a State law on a subject in the Concurrent List, which law prevails?
- State law always prevails
- Union law prevails unless State law has Presidential assent
- Older law prevails
- Law with more votes prevails
Answer: Union law prevails unless State law has Presidential assent
Article 254(1): In 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). Balances Union supremacy with State flexibility.
While no specific limitation period is prescribed for writ petitions under Articles 32/226, courts may dismiss petitions on grounds of ______ if there is unreasonable delay without sufficient cause.
- res judicata
- laches
- estoppel
- acquiescence
Answer: laches
Doctrine of laches: Equitable principle that courts may refuse relief if petitioner delays unreasonably in filing petition, causing prejudice to respondent or public interest. Not a rigid rule; courts balance: (a) Nature of right violated, (b) Reason for delay, (c) Prejudice to parties, (d) Public interest. Ensures timely enforcement while accommodating genuine hardships.
While both Articles 32 and 226 empower courts to issue writs, Article 32 is a ______ Right whereas Article 226 is a constitutional power.
- Legal
- Constitutional
- Fundamental
- Natural
Answer: Fundamental
Key distinction: Article 32 is itself a Fundamental Right (Part III), making access to SC for FR enforcement a guaranteed right. Article 226 is a constitutional power (Part V) of High Courts, not a fundamental right. Thus, Parliament cannot curtail Article 32 by ordinary law, while Article 226 jurisdiction can be regulated by law (subject to basic structure).