GK Questions

Original Tenth Schedule allowed 'split' if 1/3 of legislature party members defected. 91st Amendment (2003) deleted this provision to curb defections. Now, only 'merger' exception (2/3 rule) remains. Also added Article 75(1B)/164(1B): Defectors cannot be appointed ministers until re-elected or term ends. Strengthened anti-defection regime.

Kihoto Hollohan v. Zachillhu (1992): SC upheld constitutional validity of Tenth Schedule but held: (a) Speaker's decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandates, (b) Judicial intervention only after final decision by Speaker (not interim), (c) Courts can grant interim stay in exceptional cases. Balances legislative autonomy with constitutional accountability.

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.

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.

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.

Paragraph 4 of Tenth Schedule: Merger exception - disqualification doesn't apply if original party merges with another party, OR if not less than 2/3 of members of legislature party agree to merge. This allows genuine ideological realignments while preventing small-group defections. 91st Amendment removed 'split' exception (1/3 rule) to curb defections.

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).

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.

Tenth Schedule was inserted by the 52nd Constitutional Amendment Act, 1985 to curb political defections. It contains provisions for disqualification of members of Parliament and State Legislatures on grounds of defection. Aimed at promoting political stability and preventing horse-trading in legislatures.

Indian federalism: (a) Division of powers via three Lists, but residuary powers with Union, (b) States have executive/legislative autonomy in State List, but Union can legislate during Emergency/with Rajya Sabha resolution, (c) Financial autonomy via tax devolution, but Finance Commission and GST Council ensure coordination, (d) Governor as bridge between Centre-State. Designed for unity in diversity: flexible enough for regional needs, strong enough for national challenges.

Article 352(4): Emergency proclamation must be approved within one month by both Houses with special majority: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. If Lok Sabha is dissolved, Rajya Sabha approves, but Lok Sabha must approve within 30 days of reconstitution. 44th Amendment (1978) tightened approval requirements to prevent misuse like 1975 Emergency.

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'.

Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303(1): Neither Parliament nor State Legislature can make law giving preference to one State over another or discriminating between States by virtue of any entry in Lists. Exception: Article 303(2) allows preference to address scarcity of goods. Balances economic unity with regulatory needs.

Article 360(3): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including HC Judges, (c) reserve Money Bills for Presidential consideration. Never invoked in India. Designed to protect national financial stability while respecting judicial independence through other safeguards.

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.

Article 248: Residuary powers vested with Parliament (Union). 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. Gives Indian federalism strong unitary bias, unlike USA where residuary powers rest with States. Reflects Constituent Assembly's priority for national unity post-Partition.

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.

SR Bommai v. Union of India (1994): Landmark 9-judge bench judgment: (a) Presidential satisfaction under Article 356 subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Floor test is primary method to test majority, (d) Assembly dissolution not automatic; can be revived if proclamation invalidated. Curbed arbitrary use of Article 356.

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.

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.