Polity – Hard Level – GK Questions

In Navtej Singh Johar v. Union of India (2018), a five-judge bench unanimously held that Section 377 IPC (criminalizing 'carnal intercourse against the order of nature') violated: Article 14 (equality), Article 15 (non-discrimination), Article 19 (freedom of expression), and Article 21 (privacy, dignity, autonomy). This landmark judgment affirmed LGBTQ+ rights as Fundamental Rights.

Article 200 gives the Governor three options on State Bills: (1) Give assent (Bill becomes law), (2) Withhold assent (Bill fails), (3) Reserve for President's consideration (mandatory for certain Bills affecting High Court, compulsory for Bills derogating from High Court powers). The Governor can also return a Bill (not Money Bill) for reconsideration, but must assent if re-passed.

The landmark S.R. Bommai case (1994) established strict guidelines for imposing President's Rule under Article 356: (1) Floor test is the primary method to test majority, (2) Presidential proclamation is subject to judicial review, (3) State Assembly can only be dissolved after Parliament approves the proclamation, (4) Secularism is part of basic structure. This curbed arbitrary use of Article 356.

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.

The Kesavananda Bharati v. State of Kerala (1973) judgment established the 'Basic Structure Doctrine'. While Parliament can amend Fundamental Rights under Article 368, it cannot destroy or alter the Constitution's basic structure (e.g., supremacy of Constitution, secularism, federalism, judicial review, free and fair elections). This doctrine has been used to strike down several amendments.

Article 370 granted special autonomous status to Jammu and Kashmir, allowing it to have its own Constitution, flag, and autonomy over all matters except defense, foreign affairs, finance, and communications. It was abrogated on August 5, 2019, via Presidential Order and the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the state into two Union Territories.

The Governor's discretionary powers (not bound by Council of Ministers' advice) include: (1) Appointing CM when no party has clear majority, (2) Dismissing a ministry that loses majority but refuses to resign, (3) Dissolving Assembly if ministry loses majority, (4) Reserving a Bill for President's consideration. Options B and C are normally done on ministerial advice.

The landmark Maneka Gandhi case (1978) revolutionized Article 21 interpretation. The Supreme Court held that 'personal liberty' under Article 21 includes a wide range of rights making life meaningful, not just physical restraint. It established that any law depriving liberty must be 'fair, just, and reasonable', not merely procedurally valid.

Miscellaneous provisions serve critical functions: (a) Operationalize core principles (e.g., Article 330-342 for political representation of SC/ST), (b) Create institutional mechanisms (e.g., Article 312 for AIS, Article 323A for tribunals), (c) Provide safeguards (e.g., Article 361 for immunities, Article 350B for linguistic minorities), (d) Enable transition (e.g., Article 392-395). These 'technical' provisions are essential for making constitutional ideals practically enforceable while maintaining flexibility for evolving governance needs.

Articles 379-392 (Part XXI, Temporary Provisions): Enabled transitional arrangements: provisional Parliament (constituent assembly members), provisional President (Rajendra Prasad), adaptation of laws, etc. Most provisions ceased after first general elections (1951-52) and first Parliament constituted (1952). Illustrates Constitution's pragmatic approach: temporary mechanisms to ensure smooth transition to full constitutional democracy.

Article 368(2): Constitutional Amendment Bill passed by each House by special majority (majority of total membership + 2/3 present and voting). If affecting federal provisions, ratified by half of State Legislatures. President 'shall give assent' - no discretionary power to withhold assent or return for reconsideration. Ensures that once constitutional amendment procedure completed, it becomes law without executive veto, preserving parliamentary sovereignty in constitutional matters.

Article 371-I (Goa): (a) Protection of existing laws, (b) Administrative arrangements for Goa's integration, (c) Unique provision: Legislative Assembly shall consist of not less than 30 members (smaller than typical State minimum of 60 under Article 170). Recognizes Goa's small size/population while ensuring democratic representation. Illustrates Constitution's flexibility to accommodate diverse State characteristics.

Article 371J was proposed via Constitution (118th Amendment) Bill, 2012 for Hyderabad-Karnataka region. However, Bill lapsed; provisions implemented via Presidential Order under existing Article 371(1) (not constitutional amendment). Since Article 371(1) doesn't affect federal structure, State ratification not required. Illustrates flexibility in addressing regional imbalances: constitutional amendment vs executive order based on subject matter.

Article 116(1)(a): Vote on Account - Lok Sabha may make grant for estimated expenditure for part of financial year pending completion of budget process. Typically for 2 months (extended to election year). Enables government functioning during transitional period without violating 'no taxation without representation' principle. Distinct from Supplementary Grant (unforeseen expenditure) and Excess Grant (post-facto approval).

Article 392(2): Orders made by President under this Article shall have effect subject to provisions of Constitution and can be altered/amended by competent legislature/authority. Though Article 392 was temporary (3 years), such orders were subject to judicial review if violating constitutional provisions. Ensures executive power to remove difficulties doesn't override constitutional supremacy or fundamental rights.

Article 392 (Temporary provisions): President could make orders to remove difficulties in giving effect to Constitution during transitional period. Power available for 3 years from Constitution commencement (26.01.1950 to 25.01.1953). Enabled smooth transition from Government of India Act, 1935 to new constitutional framework. Illustrates Constitution's pragmatic approach to implementation challenges.

Article 371D (inserted by 32nd Amendment, 1973): President may by order provide for equitable opportunities/facilities for people of different regions of Andhra Pradesh in public employment/education. Implemented via Presidential Orders (1975) creating local cadres, reservation for locals. Continues to apply to Telangana post-bifurcation (2014). Addresses regional imbalances within States through constitutional mechanism.

97th Amendment (2011): (a) Added Article 43B (DPSP) for voluntary formation, autonomous functioning, democratic control of co-operative societies, (b) Added Part IXB for constitutional framework for co-operatives. Supreme Court in Union of India v. Rajendra N. Shah (2021) struck down Part IXB as it related to State co-operatives (required State ratification under Article 368), upheld only for UTs and multi-State co-operatives. Illustrates federal amendment procedure constraints.

Article 371 (original): Special provisions for Maharashtra and Gujarat: (a) Governor's special responsibility for equitable development of Vidarbha, Marathwada (Maharashtra) and Saurashtra, Kutch (Gujarat), (b) Regional development boards, (c) Equitable allocation of funds. Addresses regional imbalances within States formed on linguistic basis in 1960. Model for subsequent Article 371 clauses for other States.