Polity – Hard Level – GK Questions

Kihoto Hollohan v. Zachillhu (1992): SC upheld constitutional validity of Tenth Schedule but held: (a) Speaker's decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandates, (b) Judicial intervention only after final decision by Speaker (not interim), (c) Courts can grant interim stay in exceptional cases. Balances legislative autonomy with constitutional accountability.

Paragraph 4 of Tenth Schedule: Merger exception - disqualification doesn't apply if original party merges with another party, OR if not less than 2/3 of members of legislature party agree to merge. This allows genuine ideological realignments while preventing small-group defections. 91st Amendment removed 'split' exception (1/3 rule) to curb defections.

Indian federalism: (a) Division of powers via three Lists, but residuary powers with Union, (b) States have executive/legislative autonomy in State List, but Union can legislate during Emergency/with Rajya Sabha resolution, (c) Financial autonomy via tax devolution, but Finance Commission and GST Council ensure coordination, (d) Governor as bridge between Centre-State. Designed for unity in diversity: flexible enough for regional needs, strong enough for national challenges.

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. 44th Amendment (1978) tightened approval requirements to prevent misuse like 1975 Emergency.

Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303(1): Neither Parliament nor State Legislature can make law giving preference to one State over another or discriminating between States by virtue of any entry in Lists. Exception: Article 303(2) allows preference to address scarcity of goods. Balances economic unity with regulatory needs.

Article 360(3): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including HC Judges, (c) reserve Money Bills for Presidential consideration. Never invoked in India. Designed to protect national financial stability while respecting judicial independence through other safeguards.

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

Article 353(b): During National Emergency, Union executive power extends to giving directions to any State on 'manner of exercise' of its executive power. Article 250: Parliament can legislate on State List. Combined effect: State autonomy temporarily suspended; Centre assumes unitary control. Restored post-Emergency. Designed for crisis management, not permanent centralization.

Article 262(2): Parliament may exclude jurisdiction of Supreme Court/other courts over inter-State water disputes. Inter-State Water Disputes Act, 1956: Tribunals' awards have same force as Supreme Court orders; binding on parties. 2019 amendment makes awards final and binding, with implementation monitoring mechanism. Balances judicial finality with specialized expertise.

Governor has dual role: (a) Constitutional head of State executive (Article 153-167), (b) Agent of Union for reporting State affairs to President (Article 356). This duality can create tension: Sarkaria Commission recommended Governors act impartially, not as Union agents; appointed after consulting State CM; not removed arbitrarily. Balances federal autonomy with Union oversight.

Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: (a) Union Government: 1/3 vote weight, (b) All State Governments collectively: 2/3 vote weight. Ensures neither Union nor States can dominate; requires consensus on GST rates, exemptions, thresholds. Exemplifies cooperative fiscal federalism in practice.

Article 252: Cooperative federalism mechanism: (a) Two+ States pass resolutions requesting Parliament to legislate on State List subject, (b) Parliament enacts law applicable to consenting States, (c) Other States may adopt law later by passing State Legislature resolution. Enables uniform legislation on subjects like water disputes, environmental protection while respecting State autonomy.

Article 249: Rajya Sabha can pass resolution by SPECIAL majority (2/3 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 while ensuring national interest.

Writ jurisdiction (Articles 32, 226) is cornerstone of Indian constitutionalism: (a) Enforces Fundamental Rights and legal rights, (b) Checks executive/judicial excesses through judicial review, (c) Ensures accountability via Mandamus, Certiorari, etc., (d) Adapts to new challenges through PIL, continuing mandamus. Empowers courts as guardians of Constitution and protectors of citizens' rights against State power.

Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, advisory opinion is NOT binding on President or government; it's consultative. Writ judgments under Article 32 are binding and enforceable. Advisory jurisdiction complements but does not replace writ jurisdiction; serves different constitutional purposes.

Natural justice principles: (a) Audi alteram partem (hear the other side: right to notice, hearing, cross-examination), (b) Nemo judex in causa sua (no one should be judge in own cause: rule against bias). Violation of either can be ground for Certiorari to quash order of judicial/quasi-judicial body. Ensures fair procedure in administrative/judicial decisions.

Continuing mandamus: SC/HC keeps writ petition pending and issues periodic directions to executive agencies to ensure compliance with court orders in PIL cases (e.g., environmental protection, police reforms, prison conditions). Enables judicial monitoring of executive action without usurping executive function. Innovative tool for effective rights enforcement.

Quo Warranto conditions: (a) Office must be substantive (not mere employment/function), (b) Created by Constitution/statute, (c) Public in character (governmental function), (d) Person must assert claim to office, (e) Claim must be without legal authority. Not issued for: (a) Private offices, (b) Offices held at pleasure, (c) Mere declarations of right.

Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.

Habeas Corpus not issued if: (a) Detention is lawful (e.g., valid conviction, preventive detention with procedural safeguards under Article 22), (b) Proceeding is for contempt of court/legislature, (c) Detention by competent court. However, if preventive detention violates procedural safeguards (e.g., no communication of grounds, no advisory board), HC/SC can issue Habeas Corpus.