Polity – Fill in the Blank – GK Questions

Article 359(1A), inserted by 44th Amendment (1978): Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction: no ex post facto law, no double jeopardy, no self-incrimination) and 21 (life and personal liberty). These core rights remain enforceable even during Emergency, protecting citizens from executive excesses.

Quo Warranto: Issued to restrain a person from acting in a public office to which they are not entitled. Conditions: (a) Office must be public and created by Constitution/statute, (b) Person must be asserting claim to office, (c) Claim must be without legal authority. Protects public from usurpers of official positions.

Habeas Corpus: Issued to produce a detained person before court to examine legality of detention. Can be issued against public authorities AND private individuals. Available under Articles 32 & 226. Not issued if: (a) detention is lawful, (b) proceeding is for contempt of court/legislature, (c) detention by competent court. Primary safeguard against arbitrary arrest.

Kesavananda Bharati (1973) and subsequent cases: Parliament's amending power under Article 368 is limited by basic structure doctrine. Basic structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free/fair elections, individual dignity. Ensures Constitution's core identity survives political changes.

Article 368(1): Constitutional Amendment Bill can be introduced in either House only by a Minister (government bill), not by private member. Requires prior recommendation of President only for amendments affecting federal provisions (Article 368 proviso). Ensures executive responsibility for constitutional changes while allowing either House to initiate.

42nd Amendment (1976): Added three words to Preamble: 'Socialist' (mixed economy, welfare state), 'Secular' (equal respect for all religions, no State religion), 'Integrity' (national unity beyond sovereignty). Preamble is part of Constitution (Kesavananda case) and amendable under Article 368, but basic structure cannot be altered.

103rd Amendment (2019): (a) Inserted Article 15(6) allowing State to make special provisions for EWS advancement in education, (b) Inserted Article 16(6) for EWS reservation in public employment. Provides 10% reservation for EWS among forward castes (excluding those covered under Articles 15(4), 15(5), 16(4)). Upheld by Supreme Court in Janhit Abhiyan case (2022) by 3:2 majority.

101st Amendment (2016): (a) Inserted Article 246A giving Parliament/State Legislatures concurrent power to make GST laws, (b) Inserted Article 279A for GST Council (chaired by Union FM), (c) Amended Seventh Schedule (Union List, State List, Concurrent List) to subsume multiple indirect taxes. Landmark fiscal federalism reform creating 'One Nation, One Tax'.

73rd Amendment (1992): Added Part IX (Articles 243-243O) for Panchayats. 74th Amendment (1992): Added Part IXA (Articles 243P-243ZG) for Municipalities. Together institutionalized democratic decentralization: mandatory elections, reservations, State Finance Commissions, functional devolution (11th/12th Schedules). Transformed grassroots governance in India.

Golaknath v. State of Punjab (1967): SC held Parliament cannot amend Fundamental Rights (Part III). 24th Amendment (1971) added clause to Article 13 clarifying 'law' does not include constitutional amendment under Article 368, and added clause to Article 368 affirming Parliament's amending power including FRs. Set stage for Kesavananda Bharati compromise.

Article 368(2) proviso: Amendments affecting federal structure require ratification by legislatures of not less than half of States (by simple majority). Protects States' interests by ensuring Union cannot unilaterally alter federal balance. Examples: 7th Amendment (State reorganisation), 73rd/74th Amendments (local government).

Articles 352(2)(b), 356(1)(c), 360(2)(b): President can revoke Emergency proclamation anytime by subsequent proclamation. No Parliamentary approval needed for revocation (only for imposition/extension). Enables executive to restore normalcy promptly when crisis abates, without legislative delay.

Article 356(1): President may act on Governor's report 'or otherwise'. Governor's report is important but not binding; President forms independent satisfaction based on all available material. However, SR Bommai case mandated that satisfaction must be based on objective material, not subjective opinion, and is subject to judicial review.

Article 356(5), inserted by 44th Amendment: Maximum duration of President's Rule is 3 years. Extensions beyond 1 year require: (a) National Emergency in India or that State, AND (b) Election Commission certification that elections cannot be held. Prevents indefinite suspension of State democracy; ensures return to normalcy.

National Emergency proclaimed thrice: (1) Oct 1962 - China aggression (lifted Jan 1968), (2) Dec 1971 - Indo-Pak war (lifted Mar 1977), (3) Jun 1975 - 'internal disturbance' (lifted Mar 1977). 1975 Emergency was controversial; led to 44th Amendment safeguards. State Emergency (Article 356) used over 120 times; Financial Emergency never used.

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

Article 356(1): President may issue Proclamation if satisfied (on Governor's report or otherwise) that State government cannot be carried on per Constitution. 'Or otherwise' allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use.

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(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.

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.