Polity – Hard Level – GK Questions

Article 200: Governor has three veto types: (a) Absolute veto - withhold assent, (b) Suspensive veto - return Bill for reconsideration (if repassed, Governor must assent), (c) Reserve for President. Unlike President, Governor has no pocket veto; must act within reasonable time on Bills.

Article 356: If Governor is satisfied that State government cannot function per Constitution, they may report to President. President may then proclaim President's Rule (State Emergency), assuming State executive functions. SR Bommai case (1994) laid down guidelines to prevent misuse of this provision.

Article 164(1A), inserted by 91st Amendment (2003): State Council strength cannot exceed 15% of Assembly strength (minimum 12 for small States). Also bars defectors from being appointed ministers until re-elected. These curb horse-trading and excessive ministerial berths at State level.

Article 163: Governor generally acts on Cabinet advice, but has situational discretion: (a) appointing CM when no party has clear majority, (b) dismissing ministry losing majority, (c) recommending President's Rule under Article 356. Sarkaria Commission (1988) outlined guidelines for exercising these powers impartially.

Article 213: Governor's ordinance power mirrors President's under Article 123. Ordinances have same force as State Acts but cease to operate 6 weeks after Legislature reassembles, or earlier if disapproved. Governor cannot issue ordinance without Cabinet advice except in rare discretionary situations.

Article 249: Rajya Sabha can pass resolution by 2/3 majority of members present and voting, declaring it expedient in national interest that Parliament should legislate on State List subject. Resolution valid for 1 year, renewable. Enables Union legislation on State subjects without Emergency, respecting federal flexibility.

Committee on Subordinate Legislation (1953) examines whether executive's rule-making powers (delegated by Parliament) are within constitutional limits, not usurping legislative functions, and conform to parent Act. Ensures executive doesn't overreach while implementing laws. Both Lok Sabha and Rajya Sabha have separate committees.

Article 368(2): Most Constitutional Amendments require: (a) majority of total membership of each House, AND (b) 2/3 majority of members present and voting. Some amendments (federal provisions) additionally require ratification by half of State Legislatures. This ensures broad consensus for constitutional changes.

Adjournment (daily/short break) doesn't affect pending business. Prorogation (end of session) terminates pending notices but NOT bills or motions. Dissolution (end of Lok Sabha term) terminates all pending business except bills pending in Rajya Sabha and passed by Lok Sabha. Understanding these distinctions is crucial for procedure questions.

Article 112: President causes Annual Financial Statement (Budget) to be laid before Parliament. Article 113: Demands for grants are voted by Lok Sabha only; Rajya Sabha can discuss but not vote. Article 114: Appropriation Bill authorizes expenditure from Consolidated Fund. This upholds 'no taxation without representation' principle.

Article 105: Powers, privileges, and immunities of Parliament and members are: (a) as defined by Parliament by law, or (b) until so defined, those of British House of Commons as on 26.01.1950. Privileges include freedom of speech in House, immunity from court proceedings for parliamentary acts, right to exclude strangers.

Article 77(1): All executive actions of Union government are expressed to be taken in President's name. However, Article 74(1) mandates these actions be based on Cabinet advice. President cannot appoint Governors arbitrarily (consultation with State CM is convention), cannot remove SC judges (requires Parliamentary impeachment), and war declaration needs Parliamentary support for funding and legitimacy.

Article 111: President has three veto types: (a) Absolute veto - withholding assent, (b) Suspensive veto - returning bill (except Money Bills), (c) Pocket veto - taking no action indefinitely. Pocket veto was used in 1986 for Indian Post Office (Amendment) Bill. This passive power checks hasty legislation.

While Article 74(1) mandates President to act on Cabinet advice, Supreme Court in Shamsher Singh (1974) and subsequent cases recognized limited situational discretion: (a) appointing PM in hung parliament, (b) dismissing ministry losing majority, (c) dissolving Lok Sabha if no alternative government possible. These are 'constitutional necessities', not personal whims.

Article 75(1A), inserted by 91st Amendment (2003): Council strength cannot exceed 15% of Lok Sabha strength (minimum 12 for small states). Also, defectors cannot be appointed ministers until re-elected or term ends. These curb horse-trading and excessive ministerial berths.

44th Amendment (1978) made it mandatory for President to act on written Cabinet advice for all three Emergencies: National (Article 352), State/President's Rule (Article 356), and Financial (Article 360). This curbed potential misuse and reinforced collective responsibility.

Article 123: Presidential ordinances have same force as Acts of Parliament but must be laid before both Houses. They cease to operate at expiration of 6 weeks from reassembly of Parliament, or earlier if both Houses pass resolutions disapproving them. This balances executive urgency with legislative oversight.

In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of balance between Fundamental Rights (Part III) and Directive Principles (Part IV). Neither has primacy; they are complementary and supplementary, together forming the core of constitutional philosophy.

Article 38(2), added by the 44th Amendment (1978), directs the State to minimise inequalities in income, status, facilities, and opportunities not only among individuals but also among groups of people residing in different areas or engaged in different vocations. It strengthens the egalitarian vision of the Constitution.

Originally, in State of Madras v. Champakam Dorairajan (1951), SC held FRs prevail over DPSP. However, the 25th Amendment (1971) inserted Article 31C giving precedence to DPSP under Articles 39(b) & (c) over Articles 14, 19 & 31. The 42nd Amendment expanded this, but Minerva Mills (1980) struck down the expansion, restoring balance. So, it's not absolute.