GK Questions

Article 156 states that the Governor holds office 'during the pleasure of the President'. This means the President can remove the Governor at any time without assigning reasons. However, conventions suggest removal should not be arbitrary. The Governor's term is normally 5 years, but they can resign or be removed earlier.

The Public Accounts Committee (PAC) has 22 members: 15 from Lok Sabha and 7 from Rajya Sabha, elected by proportional representation. It examines CAG reports on government expenditure, ensuring accountability. The Chairman is traditionally from the Opposition party in Lok Sabha, enhancing impartial scrutiny.

The Kesavananda Bharati v. State of Kerala (1973) judgment established the 'Basic Structure Doctrine'. While Parliament can amend Fundamental Rights under Article 368, it cannot destroy or alter the Constitution's basic structure (e.g., supremacy of Constitution, secularism, federalism, judicial review, free and fair elections). This doctrine has been used to strike down several amendments.

The 101st Constitutional Amendment Act, 2016 introduced the Goods and Services Tax (GST), subsuming multiple central and state indirect taxes. It added Article 246A (concurrent power to levy GST), Article 269A (IGST on inter-state trade), and established the GST Council under Article 279A for cooperative federalism in tax administration.

Paragraph 2 of the Tenth Schedule specifies disqualification grounds. If a member votes/abstains contrary to party whip without permission, they can be disqualified unless the party condones the action within 15 days. The 91st Amendment (2003) removed the provision allowing splits (1/3rd members) as an exception, making the law stricter.

Article 343(1) declares Hindi in Devanagari script as the official language of the Union. English is an 'associate official language' for specific purposes under the Official Languages Act, 1963. The Constitution originally envisaged phasing out English by 1965, but parliamentary legislation extended its use indefinitely for certain official purposes.

Article 370 granted special autonomous status to Jammu and Kashmir, allowing it to have its own Constitution, flag, and autonomy over all matters except defense, foreign affairs, finance, and communications. It was abrogated on August 5, 2019, via Presidential Order and the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the state into two Union Territories.

Article 280 mandates that the Finance Commission be constituted every five years (or earlier) to recommend: (1) Distribution of net tax proceeds between Union and States, (2) Principles for grants-in-aid to States, (3) Measures to augment State Consolidated Funds for Panchayats/Municipalities. The 15th Finance Commission covered 2021-26.

The National Commission for Women (NCW) is a statutory body, not constitutional. It was established under the National Commission for Women Act, 1990. Constitutional bodies are those explicitly mentioned in the Constitution (e.g., Election Commission, UPSC, Finance Commission). Article 338A actually establishes the National Commission for Backward Classes (NCBC), which was made constitutional by the 102nd Amendment Act, 2018.

PIL was pioneered in India by Justices P.N. Bhagwati and V.R. Krishna Iyer in the late 1970s-early 1980s. They relaxed the traditional rule of 'locus standi', allowing any public-spirited citizen to file petitions for enforcement of rights of disadvantaged groups. Landmark cases: Hussainara Khatoon (1979), S.P. Gupta (1981).

The Governor's discretionary powers (not bound by Council of Ministers' advice) include: (1) Appointing CM when no party has clear majority, (2) Dismissing a ministry that loses majority but refuses to resign, (3) Dissolving Assembly if ministry loses majority, (4) Reserving a Bill for President's consideration. Options B and C are normally done on ministerial advice.

Rule 173 of Lok Sabha Rules provides for the 'Guillotine' procedure. When time allocated for discussing Demands for Grants expires, the Speaker puts all pending demands to vote immediately without further discussion. This ensures the Budget is passed before the financial year ends (March 31).

The landmark Maneka Gandhi case (1978) revolutionized Article 21 interpretation. The Supreme Court held that 'personal liberty' under Article 21 includes a wide range of rights making life meaningful, not just physical restraint. It established that any law depriving liberty must be 'fair, just, and reasonable', not merely procedurally valid.

The 91st Amendment Act, 2003 added Article 164(1A) and amended Article 75(1A) to cap the Council of Ministers at 15% of the total strength of the Lok Sabha or State Legislative Assembly. It also barred defectors from holding public office until re-elected or until the term ends.

Miscellaneous provisions serve critical functions: (a) Operationalize core principles (e.g., Article 330-342 for political representation of SC/ST), (b) Create institutional mechanisms (e.g., Article 312 for AIS, Article 323A for tribunals), (c) Provide safeguards (e.g., Article 361 for immunities, Article 350B for linguistic minorities), (d) Enable transition (e.g., Article 392-395). These 'technical' provisions are essential for making constitutional ideals practically enforceable while maintaining flexibility for evolving governance needs.

Articles 379-392 (Part XXI, Temporary Provisions): Enabled transitional arrangements: provisional Parliament (constituent assembly members), provisional President (Rajendra Prasad), adaptation of laws, etc. Most provisions ceased after first general elections (1951-52) and first Parliament constituted (1952). Illustrates Constitution's pragmatic approach: temporary mechanisms to ensure smooth transition to full constitutional democracy.

Article 368(2): Constitutional Amendment Bill passed by each House by special majority (majority of total membership + 2/3 present and voting). If affecting federal provisions, ratified by half of State Legislatures. President 'shall give assent' - no discretionary power to withhold assent or return for reconsideration. Ensures that once constitutional amendment procedure completed, it becomes law without executive veto, preserving parliamentary sovereignty in constitutional matters.

Article 371-I (Goa): (a) Protection of existing laws, (b) Administrative arrangements for Goa's integration, (c) Unique provision: Legislative Assembly shall consist of not less than 30 members (smaller than typical State minimum of 60 under Article 170). Recognizes Goa's small size/population while ensuring democratic representation. Illustrates Constitution's flexibility to accommodate diverse State characteristics.

Article 338 (inserted by 65th Amendment, 1990; restructured by 89th Amendment, 2003): National Commission for SCs investigates/monitors safeguards, inquires into complaints, advises on planning, reports to President annually/specially. President lays reports before Parliament with action-taken memorandum. Similar provision for STs under Article 338A. Ensures institutional mechanism for marginalized communities' rights protection.

Article 371J was proposed via Constitution (118th Amendment) Bill, 2012 for Hyderabad-Karnataka region. However, Bill lapsed; provisions implemented via Presidential Order under existing Article 371(1) (not constitutional amendment). Since Article 371(1) doesn't affect federal structure, State ratification not required. Illustrates flexibility in addressing regional imbalances: constitutional amendment vs executive order based on subject matter.