Polity – Hard Level – GK Questions

Article 143 empowers the President to refer any question of law or fact of public importance to the Supreme Court for its advisory opinion. The Supreme Court may hear such references and submit its report to the President. While advisory, such opinions carry significant weight (e.g., Ayodhya reference, 1993).

Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it, subject to provisions of any law made by Parliament or rules made under Article 145. This review jurisdiction is exercised by a bench of the same or larger strength, typically to correct patent errors or address new evidence.

After the 44th Amendment Act, 1978, Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty) cannot be suspended even during a National Emergency. Earlier, during the 1975 Emergency, even Article 21 was suspended, leading to this safeguard.

Under Article 249, if Rajya Sabha passes a resolution by a two-thirds majority of members present and voting that it is expedient in the national interest for Parliament to legislate on a State List subject, Parliament can make laws on that subject. Such a resolution remains in force for one year but can be renewed. This provision balances federalism with national needs.

Financial Emergency under Article 360 has never been proclaimed in India. National Emergency has been proclaimed three times (1962, 1971, 1975), and President's Rule under Article 356 has been imposed over 120 times in various States. The non-use of Article 360 reflects India's relatively stable financial management.

Article 360 empowers the President to proclaim a Financial Emergency if satisfied that India's financial stability or credit is threatened. During such emergency, the President can issue directions for reduction of salaries of all government officials, including Supreme Court and High Court Judges. However, a Financial Emergency has never been proclaimed in India.

Under Article 254, if there is a repugnancy between a Central law and a State law on a Concurrent List subject, the Central law prevails. However, if the State law has been reserved for the President's consideration and has received his assent, then the State law prevails in that State (subject to Parliament's power to override later).

After the 44th Amendment Act, 1978, the President can proclaim a National Emergency under Article 352 only after receiving a written recommendation from the Cabinet (not just the Prime Minister). This was done to prevent misuse of emergency powers as seen during 1975.