Polity – Fill in the Blank – GK Questions

Divisional Manager (2007): SC cautioned: (a) Judicial activism necessary to protect rights, fill legislative vacuum, (b) But must not cross into judicial overreach (usurping legislative/executive functions), (c) Courts should exercise self-restraint, respect separation of powers, (d) Policy matters best left to elected branches unless constitutional violation. Balances judicial role in rights protection with democratic accountability.

16. Ramachandra Rao (2002): SC clarified Hussainara Khatoon: right to speedy trial under Article 21 is not absolute; no fixed time limit. Courts must balance: (a) Nature of offence, (b) Number of accused/witnesses, (c) Workload of court, (d) Prejudice to accused/victim. If delay unreasonable and attributable to prosecution, court may quash proceedings or award compensation. Pragmatic approach to procedural justice.

Shayara Bano (2017): 3:2 majority held instant triple talaq (pronouncing talaq thrice in one sitting) unconstitutional: (a) Violates Article 14 (arbitrary, manifestly unreasonable), (b) Not protected under Article 25 (not essential practice of Islam), (c) Parliament later enacted Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizing instant triple talaq. Landmark gender justice judgment.

Common Cause (2018): 5-judge bench held: (a) Right to die with dignity is part of Article 21, (b) Passive euthanasia (withdrawing life support) permissible for terminally ill patients in persistent vegetative state, (c) Living will (advance medical directive) valid subject to strict safeguards: medical board certification, judicial oversight, etc. Active euthanasia/assisted suicide remains illegal. Balances autonomy with sanctity of life.

SR Bommai (1994): Besides federalism, SC held secularism is part of basic structure. Secularism means: (a) State has no religion, (b) Equal respect for all religions, (c) No discrimination based on religion, (d) Religion and politics separated. State action promoting one religion violates secularism; can be ground for judicial review of Presidential proclamation under Article 356. Foundation of Indian secularism jurisprudence.

M.C. Mehta (Oleum Gas Leak, 1987): SC evolved 'absolute liability' principle: enterprises engaged in hazardous/inherently dangerous activities are absolutely liable for harm caused, without exceptions available under strict liability (Rylands v. Fletcher). No defense of act of God, third party, etc. Foundation for environmental jurisprudence; led to compensation for Bhopal victims, pollution control measures.

S.P. Gupta (First Judges Case, 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; foundation of PIL jurisprudence in India.

Minerva Mills (1980): SC struck down parts of 42nd Amendment that gave primacy to DPSP over FRs and excluded judicial review of amendments. Held: (a) Balance between FRs (Part III) and DPSP (Part IV) is basic structure, (b) Judicial review is part of basic structure, (c) Limited amending power is basic structure. Reinforced Kesavananda doctrine; cornerstone of constitutional jurisprudence.

The Committee on Public Undertakings (CPU) has 22 members (15 LS + 7 RS) and examines reports of the CAG on public sector undertakings. It assesses efficiency, financial performance, and autonomy of PSUs. Like PAC, its Chairman is traditionally from the Opposition, ensuring non-partisan scrutiny of government enterprises.

The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule (Anti-Defection Law) to curb political defections motivated by lure of office or similar considerations. It was a response to the 'Aya Ram, Gaya Ram' phenomenon of the 1960s-70s. The law was later strengthened by the 91st Amendment (2003) removing the 'split' exception.

Article 316 states that UPSC Chairman and members are appointed by the President. For removal, Article 317 requires: (1) Presidential reference to Supreme Court for inquiry, (2) Supreme Court report confirming misbehaviour/incapacity, (3) Presidential order of removal. This ensures independence while maintaining accountability for constitutional office-holders.

Rule 198 of Lok Sabha Rules allows a No-Confidence Motion against the Council of Ministers only in Lok Sabha (not Rajya Sabha), as the government is collectively responsible to Lok Sabha (Article 75(3)). It requires support of at least 50 members for admission. If passed, the government must resign. This is a key tool of parliamentary accountability.

In Rajendra Singh Rana v. Swami Prasad Maurya (2007), the Supreme Court held that while the Tenth Schedule doesn't specify a time limit, the Speaker must decide disqualification petitions within a 'reasonable timeframe' to prevent political uncertainty. Delayed decisions can be challenged for violating constitutional morality, though courts avoid dictating exact timelines to respect legislative autonomy.

Article 275 empowers Parliament to make grants-in-aid to States that are in need of financial assistance, particularly for welfare of Scheduled Tribes or development of backward areas. These grants are charged on the Consolidated Fund of India (not voted). The Finance Commission recommends the principles for such grants under Article 280.

The Estimates Committee has 30 members, all elected from Lok Sabha by proportional representation. It examines estimates included in the Budget and suggests economies, improvements, and administrative reforms. Unlike PAC, it cannot question policy, only examine expenditure efficiency. Its reports are advisory but carry significant weight.

Paragraph 4 of the Tenth Schedule provides an exception to disqualification: if 2/3rd of a legislature party's members merge with another party, neither the merging members nor those who remain face disqualification. This provision balances party discipline with democratic realignment, though the 91st Amendment (2003) removed the 'split' exception (1/3rd members).

Article 324 originally envisaged a multi-member Election Commission, but for decades it functioned as a single-member body (Chief Election Commissioner). After the 1993 amendment to the Election Commission Act, it became a three-member body (1 CEC + 2 ECs). Decisions are taken by majority vote, with the CEC having casting vote in case of tie.

Cut Motions (Rule 173 of Lok Sabha Rules) allow MPs to reduce a Demand for Grants by Rs. 100 to express disapproval of policy, economy, or specific grievances. Types: Policy Cut (oppose policy), Economy Cut (reduce expenditure), Token Cut (specific grievance). While rarely passed, they enable legislative scrutiny of executive spending.

Paragraph 6 of the Tenth Schedule empowers the Speaker/Chairman of the House to decide on disqualification petitions. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the Speaker's role but made their decision subject to judicial review on grounds of mala fides, perversity, or violation of constitutional mandates. This balances legislative autonomy with constitutional supremacy.

Article 265 establishes the principle of 'no taxation without law'. It states: 'No tax shall be levied or collected except by authority of law.' This ensures that taxation requires legislative sanction, protecting citizens from arbitrary executive taxation. It applies to both Union and State taxes.