GK Questions

Article 352(7), inserted by 44th Amendment: If Lok Sabha passes resolution disapproving Emergency by simple majority, President must revoke it. Additionally, if 1/10th of Lok Sabha members give notice to Speaker, special sitting must be held within 14 days to consider revocation. Empowers legislature to check executive Emergency power.

Article 352(5): Emergency approved by Parliament remains in force for 6 months from date of approval. Can be extended indefinitely by Parliamentary approval every 6 months (special majority each time). 44th Amendment ensured periodic legislative review, preventing indefinite Emergency without fresh mandate.

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. Prevents executive overreach.

Article 352(3), inserted by 44th Amendment (1978): President can proclaim Emergency only after receiving written recommendation of Cabinet (not just PM). This curbs arbitrary use by ensuring collective responsibility. Written record enables judicial review and parliamentary scrutiny of Emergency declaration.

Original Article 352 allowed Emergency on grounds of 'war, external aggression, or internal disturbance'. 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' to prevent misuse (as during 1975 Emergency). Now, mere internal unrest cannot justify National Emergency; must be armed rebellion of significant scale.

Part XVIII (Articles 352-360) contains three types of Emergency: (1) National Emergency under Article 352 (war, external aggression, armed rebellion), (2) State Emergency/President's Rule under Article 356 (failure of constitutional machinery in State), (3) Financial Emergency under Article 360 (threat to financial stability/credit of India).

Constitutional bodies are designed as independent institutions to: (a) EC: Ensure free/fair elections (integrity), (b) UPSC: Ensure merit-based recruitment (merit), (c) CAG: Ensure financial accountability (accountability), (d) FC: Ensure equitable resource distribution (equity). Their independence (appointment, removal, finances) shields them from political pressure, strengthening democratic governance. They complement, not replace, elected institutions.

15th FC used 2011 census for population criterion (weight: 15%), while earlier FCs used 1971 census to avoid penalizing States that controlled population growth. Shift to 2011 data reflects demographic reality but raised concerns among high-fertility States. FC balanced this by giving weight to demographic performance (effort to control population) as separate criterion.

No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.

EC has recommended simultaneous elections ('One Nation, One Election') to reduce costs, policy paralysis, and populist measures. However, it requires constitutional amendment (Articles 83, 172) and political consensus; not yet implemented. EVMs (1998), VVPAT (2013), NOTA (2013, SC judgment) were implemented based on EC recommendations/SC directions.

CAG (Duties, Powers and Conditions of Service) Act, 1971: Defines CAG's audit mandate: (a) Union/State accounts, (b) Bodies substantially financed by government funds, (c) Grants/loans to other bodies. Includes compliance, financial, and performance audits. Empowers CAG to access records, summon officials, ensuring comprehensive financial oversight.

Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.

Article 316(1): SPSC Chairman and members appointed by Governor. However, removal conditions same as UPSC: President can remove on Supreme Court inquiry report for misbehaviour. Ensures SPSC independence from State executive while maintaining accountability. SPSC advises State government on recruitment, promotions, disciplinary matters.

Article 243K(2): State Election Commissioner's removal conditions same as High Court Judge (Article 217): Presidential order after Parliament address with special majority. Ensures independence of State Election Commission from State executive, enabling impartial conduct of local elections. Critical for democratic decentralization at grassroots.

Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.

Common safeguards for independence: (a) Expenses charged on Consolidated Fund (Articles 322, 148, 324), (b) Removal only via special Parliamentary procedure (like SC Judge), (c) Fixed tenure (CEC: 6 years/65 years; UPSC: 6 years/65; CAG: 6 years/65), (d) Post-tenure restrictions on employment. These insulate constitutional bodies from executive pressure.

Article 280(3): FC recommends: (a) Vertical devolution: share of Union taxes to States (e.g., 41% by 15th FC), (b) Horizontal devolution: distribution among States using criteria like population (1971/2011), area, forest cover, income distance, demographic performance. Balances equity (needier States get more) and efficiency (rewarding reforms).

Article 280(3): Finance Commission recommendations are advisory, not binding. However, by convention and political consensus, most recommendations are accepted. President lays FC report before Parliament with action-taken report. States often lobby for favorable devolution. FC's moral authority and technical expertise ensure significant influence on fiscal policy.

Article 280(1): Finance Commission comprises Chairman + 4 members appointed by President. Qualifications: expertise in public affairs, finance, economics, administration, law. Constituted every 5 years (or earlier) to recommend: (a) tax devolution between Centre-States, (b) grants-in-aid, (c) Panchayat/Municipality fund augmentation. Key institution for fiscal federalism.

Article 151(1): CAG reports on Union accounts submitted to President, who lays them before Parliament. Article 151(2): Reports on State accounts submitted to Governor, laid before State Legislature. Public Accounts Committee (PAC) examines CAG reports to ensure executive accountability for public expenditure. Critical for legislative financial oversight.