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Public Interest Litigation (PIL) was developed by the Supreme Court through judicial innovation, relaxing the rule of ______ to allow public-spirited persons to file petitions for enforcement of rights of disadvantaged groups.
- stare decisis
- locus standi
- natural justice
- separation of powers
Answer: locus standi
PIL evolution: S.P. Gupta v. Union of India (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. Transformed judicial role from dispute resolution to social justice delivery.
Under Article 226, High Courts can issue writs not only for enforcement of Fundamental Rights but also for enforcement of ______ rights.
- constitutional
- legal
- natural
- moral
Answer: legal
Article 226(1): HC can issue writs for: (a) enforcement of Fundamental Rights (like SC), OR (b) 'for any other purpose' i.e., enforcement of legal rights (statutory/common law rights). Thus, HC's writ jurisdiction is substantively wider. However, SC's jurisdiction is nationwide while HC's is territorial. Complementary roles in rights protection.
Writs under Article 32 can be issued against private individuals or bodies performing public functions.
- True
- False
Answer: True
Traditional view: Writs only against 'State' under Article 12. Expanded view (Pradeep Kumar Biswas case, 2002): Writs can issue against private bodies if: (a) Function is public in nature, (b) Body is financially/functionally controlled by State, (c) Instrumentality/agency of State. Ensures FR protection against privatized public functions.
The Supreme Court can issue writs under Article 32 for enforcement of Fundamental Rights:
- Only within Delhi
- Only within the State where cause of action arises
- Throughout the territory of India
- Only against Union Government authorities
Answer: Throughout the territory of India
Article 32(2): Supreme Court's writ jurisdiction extends throughout India. High Court's jurisdiction under Article 226 is limited to: (a) territories within its State, OR (b) cause of action arising within its territories even if respondent resides outside. SC's nationwide jurisdiction ensures uniform FR protection across country.
The writ of Quo Warranto ('by what authority') is issued to inquire into the legality of a person's claim to a ______ office.
- private
- public
- temporary
- contractual
Answer: public
Quo Warranto: Issued to restrain a person from acting in a public office to which they are not entitled. Conditions: (a) Office must be public and created by Constitution/statute, (b) Person must be asserting claim to office, (c) Claim must be without legal authority. Protects public from usurpers of official positions.
The writ of Mandamus ('we command') can be issued against which of the following?
- Private individuals
- President of India
- Public official failing to perform statutory duty
- Legislature making laws
Answer: Public official failing to perform statutory duty
Mandamus: Issued by higher court to lower court/tribunal/public authority to perform public duty imposed by law. Cannot be issued against: (a) private individuals/bodies, (b) President/Governors (constitutional heads), (c) Legislature (law-making), (d) discretionary duties. Ensures executive accountability for statutory obligations.
Under Article 226, High Courts can issue writs only for enforcement of Fundamental Rights, similar to Supreme Court under Article 32.
- True
- False
Answer: False
Article 226: High Courts can issue writs for: (a) enforcement of Fundamental Rights (like SC under Article 32), AND (b) 'for any other purpose' (enforcement of legal rights). Thus, HC's writ jurisdiction is wider substantively (FRs + legal rights) though territorially limited to State. SC's writ jurisdiction is nationwide but limited to FRs.
A Constitutional Amendment Bill can be introduced in either House of Parliament by a ______, and not by the President or through private members.
- Minister
- Member of Parliament
- Speaker
- Leader of Opposition
Answer: Minister
Article 368(1): Constitutional Amendment Bill can be introduced in either House only by a Minister (government bill), not by private member. Requires prior recommendation of President only for amendments affecting federal provisions (Article 368 proviso). Ensures executive responsibility for constitutional changes while allowing either House to initiate.
As of 2024, approximately how many Constitutional Amendment Acts have been passed by Parliament?
- Around 50
- Around 75
- Around 100
- Around 125
Answer: Around 100
As of 2024, over 105 Constitutional Amendment Acts have been enacted since 1950. First Amendment (1951) addressed land reforms and free speech restrictions; latest amendments address GST, EWS reservation, cooperative societies, etc. Reflects Constitution's flexibility to adapt to changing socio-economic-political needs while preserving core values.
The 103rd Constitutional Amendment Act, 2019 introduced ______ percent reservation for Economically Weaker Sections (EWS) in education and public employment, excluding SCs/STs/OBCs.
- 5
- 10
- 15
- 20
Answer: 10
103rd Amendment (2019): (a) Inserted Article 15(6) allowing State to make special provisions for EWS advancement in education, (b) Inserted Article 16(6) for EWS reservation in public employment. Provides 10% reservation for EWS among forward castes (excluding those covered under Articles 15(4), 15(5), 16(4)). Upheld by Supreme Court in Janhit Abhiyan case (2022) by 3:2 majority.
The 101st Constitutional Amendment Act, 2016 introduced the Goods and Services Tax (GST) by inserting Article ______ for GST Council and amending Seventh Schedule.
- 246A
- 268A
- 279A
- 368A
Answer: 279A
101st Amendment (2016): (a) Inserted Article 246A giving Parliament/State Legislatures concurrent power to make GST laws, (b) Inserted Article 279A for GST Council (chaired by Union FM), (c) Amended Seventh Schedule (Union List, State List, Concurrent List) to subsume multiple indirect taxes. Landmark fiscal federalism reform creating 'One Nation, One Tax'.
The 91st Constitutional Amendment Act, 2003 limits the size of Council of Ministers at Union and State levels to 15% of legislative house strength and bars defectors from being appointed ministers.
- True
- False
Answer: True
91st Amendment (2003): (a) Article 75(1A): Union Council max 15% of Lok Sabha strength (min 12), (b) Article 164(1A): Same limit for State Councils, (c) Article 75(1B)/164(1B): Defectors cannot be appointed ministers until re-elected or term ends. Curbs horse-trading, excessive ministerial berths, and political instability.
The 86th Constitutional Amendment Act, 2002 made which right a Fundamental Right?
- Right to Information
- Right to Education
- Right to Privacy
- Right to Health
Answer: Right to Education
86th Amendment (2002): (a) Inserted Article 21A making free and compulsory education for children 6-14 years a Fundamental Right, (b) Modified Article 45 to focus on early childhood care (below 6 years), (c) Added Fundamental Duty under Article 51A(k) for parents/guardians to provide education opportunities. Operationalized by RTE Act, 2009.
The 44th Constitutional Amendment Act, 1978 restored many democratic safeguards diluted by the 42nd Amendment and introduced protections against misuse of Emergency powers.
- True
- False
Answer: True
44th Amendment (1978): Key reforms: (a) 'Armed rebellion' replaces 'internal disturbance' for Emergency, (b) Written Cabinet advice mandatory, (c) Articles 20-21 non-suspendable, (d) Lok Sabha can revoke Emergency by simple majority, (e) Restored judicial review powers, (f) Right to Property made legal right (Article 300A). Post-Emergency correction to strengthen democracy.
The 42nd Constitutional Amendment Act, 1976 is often called the 'Mini-Constitution' because it:
- Added the most number of new Articles
- Made comprehensive changes to Preamble, Fundamental Duties, Directive Principles, and judicial powers
- Replaced the entire Constitution
- Was passed during National Emergency without debate
Answer: Made comprehensive changes to Preamble, Fundamental Duties, Directive Principles, and judicial powers
42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble; inserted Fundamental Duties (Part IVA); expanded DPSP; curtailed judicial review; gave Parliament unlimited amending power (later struck down in Minerva Mills). Enacted during 1975-77 Emergency; many provisions diluted by 43rd/44th Amendments post-Emergency.
The President can withhold assent to a Constitutional Amendment Bill passed by Parliament.
- True
- False
Answer: False
Article 368(2): President 'shall give his assent' to Constitutional Amendment Bill duly passed by Parliament (and ratified by States if required). No discretionary power to withhold assent or return for reconsideration. Ensures that once Parliament (and States) approve amendment per procedure, it becomes law without executive veto.
A Proclamation of Financial Emergency under Article 360 must be approved by both Houses of Parliament within 2 months by special majority.
- True
- False
Answer: False
Article 360(2)(a): Financial Emergency proclamation must be approved by both Houses within 2 months, but by simple majority (not special majority like National Emergency). If approved, remains in force indefinitely unless revoked. Simpler approval reflects that Financial Emergency is economic measure, not political crisis requiring supermajority consensus.
The report of the Governor under Article 356 for imposition of President's Rule is not binding on the ______, who makes the final satisfaction.
- Prime Minister
- President
- Chief Justice
- Parliament
Answer: President
Article 356(1): President may act on Governor's report 'or otherwise'. Governor's report is important but not binding; President forms independent satisfaction based on all available material. However, SR Bommai case mandated that satisfaction must be based on objective material, not subjective opinion, and is subject to judicial review.
National Emergency under Article 352 has been proclaimed ______ times in India's history: 1962 (China war), 1971 (Indo-Pak war), and 1975 (internal disturbance).
- two
- three
- four
- five
Answer: three
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.
Under Article 360, Financial Emergency can be proclaimed if the President is satisfied that the financial stability or ______ of India is threatened.
- sovereignty
- credit
- territorial integrity
- parliamentary democracy
Answer: credit
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.