GK Questions

Article 120: Parliamentary business in Hindi/English; members may speak in any Eighth Schedule language with presiding officer's permission. Similar provision for State Legislatures under Article 210. Ensures linguistic diversity in legislative proceedings while maintaining efficiency through common official languages.

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.

Eighth Schedule originally had 14 languages (1950). Added through amendments: Sindhi (21st Amendment, 1967), Konkani, Manipuri, Nepali (71st Amendment, 1992), Bodo, Dogri, Maithili, Santhali (92nd Amendment, 2003). Total now 22 languages. Inclusion grants recognition, representation on Official Language Commission, and use in education/administration.

Article 343(1): Official language of Union is Hindi in Devanagari script. International form of Indian numerals to be used for official purposes. However, Article 343(2) allowed English to continue for 15 years (till 1965) for official Union purposes. Official Languages Act, 1963 extended English indefinitely alongside Hindi for practical administration.

Tenth Schedule aims to: (a) Prevent horse-trading and unstable governments by curbing individual/small-group defections for personal gain, (b) Allow genuine realignments via merger exception (2/3 rule), (c) Maintain party discipline on critical votes while respecting dissent through condonation provision. Balance between stability and flexibility; ongoing reforms debated to address implementation gaps like Speaker bias and delayed decisions.

Article 324(1): EC has superintendence, direction and control of elections. MCC, though not statutory, is enforced by EC under this plenary power. Violations can lead to: censure, campaign ban, derecognition, filing of FIR. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections, ensuring free and fair polls.

Tenth Schedule doesn't distinguish between 'conscience votes' and other votes. If party issues whip, members must follow it or face disqualification (unless condoned within 15 days). Contrast with UK/other democracies where 'free votes' allowed on conscience issues. Debate ongoing in India about introducing conscience vote exception to balance party discipline with individual conscience.

Association for Democratic Reforms v. Union of India (2024): 5-judge bench unanimously struck down Electoral Bonds Scheme (2018) holding: (a) Anonymous political funding violates voters' right to know (implicit in Article 19(1)(a)), (b) Disproportionate impact on transparency, (c) Potential for quid pro quo corruption. Directed ECI to disclose bond donor-recipient details. Landmark transparency judgment.

Ravi Naik v. Union of India (1994) and subsequent cases: 'Voluntarily giving up membership' interpreted broadly to include: (a) Formal resignation, (b) Public statements against party, (c) Joining rival party activities, (d) Voting against party whip. Focus on substance over form; prevents technical evasion of anti-defection law while respecting genuine dissent.

Election Symbols Order: ECI can derecognize party for: (a) Failure to conduct organizational elections, (b) Non-submission of audited accounts, (c) Violation of model code of conduct, (d) Engaging in activities prejudicial to sovereignty/integrity of India. Derecognition leads to loss of reserved symbol and other benefits. Ensures accountability of recognized parties.

Keisham Meghachandra Singh v. Hon'ble Speaker Manipur Legislative Assembly (2020): SC held Speaker must decide Tenth Schedule petitions within reasonable time (suggested 3 months); unreasonable delay undermines law's efficacy. Court can intervene if delay causes irreversible harm. Highlighted need for parliamentary amendment to fix timeframe; reform still pending.

Election Symbols (Reservation and Allotment) Order, 1968: Recognized parties must: (a) Conduct organizational elections periodically, (b) Maintain membership records, (c) Submit audited accounts to ECI, (d) Follow internal democratic procedures. Non-compliance can lead to derecognition. Aims to promote inner-party democracy, though enforcement remains challenging.

Kihoto Hollohan case (1992): SC held Speaker functions as quasi-judicial tribunal while deciding Tenth Schedule petitions; must act impartially, follow natural justice principles (notice, hearing, reasoned order). However, Speaker's political affiliation raises concerns about bias; reforms proposed to transfer power to independent tribunal (e.g., Election Commission or judicial panel).

Section 29B, R.P. Act: Political parties can accept donations; donations above ₹20,000 must be reported to ECI with donor details. Electoral Bonds Scheme (2018-2024) allowed anonymous donations via banks, but Supreme Court struck it down in 2024 (Association for Democratic Reforms case) citing transparency and right to information. Ongoing debate on political funding reforms.

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.

Kihoto Hollohan case (1992): SC held judicial review of Speaker's decision under Tenth Schedule is available but: (a) Generally after final decision, (b) Interim relief only in exceptional cases (e.g., imminent irreversible harm), (c) Courts don't act as appellate authority but review constitutional validity. Balances legislative autonomy with constitutional safeguards.

Tenth Schedule doesn't prescribe time limit for Speaker's decision on disqualification petitions. Supreme Court in Keisham Meghachandra Singh case (2020) recommended Parliament amend Schedule to specify timeframe (e.g., 3 months) except in exceptional cases. Delayed decisions undermine anti-defection law's deterrent effect; reform pending.

Election Symbols Order: Recognized parties get reserved symbols (e.g., BJP's lotus, Congress's hand) for exclusive use in elections across India (National Parties) or respective State (State Parties). Unrecognized parties get free symbols from common pool. Reserved symbols aid voter identification, especially for illiterate voters, strengthening electoral democracy.

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.

Paragraph 2(1)(b) proviso: If member votes/abstains contrary to whip without prior permission, disqualification can be avoided if party condones the act within 15 days. Condonation must be explicit; implied approval insufficient. This allows parties flexibility to handle genuine dissent while maintaining discipline on critical votes.