Polity – MCQ – GK Questions

Mandamus compels performance of: (a) Statutory duty (imposed by law), (b) Ministerial duty (no discretion), (c) Public duty. Cannot compel: (a) Discretionary duty (court cannot dictate how discretion exercised, only that it be exercised fairly), (b) Private contracts, (c) Internal legislative proceedings. Respects separation of powers while ensuring accountability.

Though Article 32 is a Fundamental Right, SC exercises discretion: may refuse writ if (a) adequate alternative remedy exists (e.g., statutory appeal), (b) petition is frivolous/mala fide, (c) suppression of facts, (d) delay/laches. However, for grave FR violations or where alternative remedy is illusory, SC entertains petition. Balances access to justice with judicial economy.

Article 32(2): Supreme Court's writ jurisdiction extends throughout India. High Court's jurisdiction under Article 226 is limited to: (a) territories within its State, OR (b) cause of action arising within its territories even if respondent resides outside. SC's nationwide jurisdiction ensures uniform FR protection across country.

Mandamus: Issued by higher court to lower court/tribunal/public authority to perform public duty imposed by law. Cannot be issued against: (a) private individuals/bodies, (b) President/Governors (constitutional heads), (c) Legislature (law-making), (d) discretionary duties. Ensures executive accountability for statutory obligations.

Article 32(1): Right to move Supreme Court for enforcement of Fundamental Rights is itself a Fundamental Right. Dr. Ambedkar called it the 'heart and soul' of Constitution. SC can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. Makes FRs enforceable, not merely declaratory.

Indian constitutional amendment framework: (a) Parliament has wide power to amend Constitution under Article 368 (including Fundamental Rights), (b) But Kesavananda Bharati (1973) limits this power: cannot alter basic structure, (c) Supreme Court is final arbiter of what constitutes basic structure, (d) Balance enables constitutional evolution while protecting core democratic values. Unique model blending flexibility with permanence.

SR Bommai v. Union of India (1994): Held federalism is basic structure; State governments have constitutional status; President's Rule under Article 356 subject to judicial review; floor test is primary method to test majority; State Assembly dissolution not automatic. Protects States from arbitrary Union interference while preserving Union's emergency powers for genuine breakdowns.

As of 2024, over 105 Constitutional Amendment Acts have been enacted since 1950. First Amendment (1951) addressed land reforms and free speech restrictions; latest amendments address GST, EWS reservation, cooperative societies, etc. Reflects Constitution's flexibility to adapt to changing socio-economic-political needs while preserving core values.

Golaknath v. State of Punjab (1967): 6:5 majority held: (a) Fundamental Rights are 'transcendental and immutable', (b) Parliament cannot amend Part III, (c) Article 368 only prescribes procedure, not power. Led to 24th Amendment (1971) affirming amending power. Kesavananda (1973) later moderated: Parliament can amend FRs but not destroy basic structure.

Supreme Court has recognized as basic structure: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free/fair elections, parliamentary system, limited amending power, balance between FRs and DPSP, individual dignity. Right to Property was removed from FRs by 44th Amendment; now legal right under Article 300A, not basic structure.

86th Amendment (2002): (a) Inserted Article 21A making free and compulsory education for children 6-14 years a Fundamental Right, (b) Modified Article 45 to focus on early childhood care (below 6 years), (c) Added Fundamental Duty under Article 51A(k) for parents/guardians to provide education opportunities. Operationalized by RTE Act, 2009.

42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble; inserted Fundamental Duties (Part IVA); expanded DPSP; curtailed judicial review; gave Parliament unlimited amending power (later struck down in Minerva Mills). Enacted during 1975-77 Emergency; many provisions diluted by 43rd/44th Amendments post-Emergency.

Kesavananda Bharati v. State of Kerala (1973): 13-judge bench held Parliament can amend any part of Constitution but cannot alter its 'basic structure'. Basic features include: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity. Landmark judgment balancing parliamentary sovereignty with constitutional supremacy.

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

Emergency provisions reflect constitutional balance: (a) Enable strong Union response to existential threats (war, financial collapse, State breakdown), (b) But include safeguards: written Cabinet advice, Parliamentary approval, judicial review (SR Bommai), non-suspendable rights (Articles 20-21), time limits. Designed for temporary crisis management, not permanent authoritarianism. 44th Amendment strengthened this balance post-1975 experience.

Article 250(2): Laws made by Parliament on State List during Emergency cease to have effect 6 months after Emergency ends, except for things done/omitted before expiry. Allows transitional period for States to resume legislative competence while preventing permanent Union encroachment on State powers post-Emergency.

Article 359(1A), inserted by 44th Amendment: Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction) and 21 (life & personal liberty). These core rights remain enforceable even during Emergency. Article 19 freedoms are automatically suspended during Emergency on war/external aggression grounds (Article 358).

44th Amendment safeguards: (a) 'Armed rebellion' replaces 'internal disturbance' (Article 352), (b) Written Cabinet advice mandatory (Articles 352, 356, 360), (c) Articles 20 & 21 non-suspendable (Article 359), (d) Lok Sabha can revoke Emergency by simple majority. Option (d) is incorrect: President's Rule still requires objective material; SR Bommai case added judicial review, not 44th Amendment.

Article 360(1): President may proclaim Financial Emergency if satisfied that financial stability or credit of India (or any part) is threatened. Requires written Cabinet advice (44th Amendment). Must be approved by Parliament within 2 months by simple majority. Never invoked in India, but provisions exist for extreme fiscal crises.

Article 356(3): President's Rule proclamation must be approved by both Houses within 2 months by simple majority. If approved, remains in force for 6 months; can be extended maximum up to 3 years with Parliamentary approval every 6 months. After 1 year, extensions require: (a) National Emergency in India/State, AND (b) Election Commission certification that elections cannot be held.