Polity – MCQ – GK Questions

Article 250: During National Emergency, Parliament gains power to legislate on any matter in State List. Laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry). Combined with Article 353 (Union executive directions to States), federal structure temporarily becomes unitary during Emergency.

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. Prevents executive overreach.

Part XVIII (Articles 352-360) contains three types of Emergency: (1) National Emergency under Article 352 (war, external aggression, armed rebellion), (2) State Emergency/President's Rule under Article 356 (failure of constitutional machinery in State), (3) Financial Emergency under Article 360 (threat to financial stability/credit of India).

Constitutional bodies are designed as independent institutions to: (a) EC: Ensure free/fair elections (integrity), (b) UPSC: Ensure merit-based recruitment (merit), (c) CAG: Ensure financial accountability (accountability), (d) FC: Ensure equitable resource distribution (equity). Their independence (appointment, removal, finances) shields them from political pressure, strengthening democratic governance. They complement, not replace, elected institutions.

EC has recommended simultaneous elections ('One Nation, One Election') to reduce costs, policy paralysis, and populist measures. However, it requires constitutional amendment (Articles 83, 172) and political consensus; not yet implemented. EVMs (1998), VVPAT (2013), NOTA (2013, SC judgment) were implemented based on EC recommendations/SC directions.

Article 316(1): SPSC Chairman and members appointed by Governor. However, removal conditions same as UPSC: President can remove on Supreme Court inquiry report for misbehaviour. Ensures SPSC independence from State executive while maintaining accountability. SPSC advises State government on recruitment, promotions, disciplinary matters.

Common safeguards for independence: (a) Expenses charged on Consolidated Fund (Articles 322, 148, 324), (b) Removal only via special Parliamentary procedure (like SC Judge), (c) Fixed tenure (CEC: 6 years/65 years; UPSC: 6 years/65; CAG: 6 years/65), (d) Post-tenure restrictions on employment. These insulate constitutional bodies from executive pressure.

Article 280(1): Finance Commission comprises Chairman + 4 members appointed by President. Qualifications: expertise in public affairs, finance, economics, administration, law. Constituted every 5 years (or earlier) to recommend: (a) tax devolution between Centre-States, (b) grants-in-aid, (c) Panchayat/Municipality fund augmentation. Key institution for fiscal federalism.

Article 148(1): CAG appointed by President. Article 148(1) proviso: CAG can be removed only like Supreme Court Judge (Article 124): Presidential order after Parliament address with special majority on grounds of proved misbehaviour/incapacity. Ensures CAG's independence to audit government accounts without fear or favour.

Article 320: UPSC functions include: (a) Conduct exams for Union services, (b) Advise on appointments, promotions, transfers, disciplinary matters, (c) Advise on suitability of candidates. However, appointments to All India Services (IAS, IPS, IFoS) are made by President; UPSC only conducts exams and recommends candidates. Executive makes final appointments.

Article 324(1): EC has plenary power over: (a) Lok Sabha and Rajya Sabha elections, (b) State Legislative Assembly and Council elections, (c) Presidential and Vice-Presidential elections. Includes preparation of electoral rolls, conduct of polls, enforcement of model code, recognition of parties. Makes EC one of world's most powerful election authorities.

Article 324(2): President determines number of Election Commissioners. Currently, EC has CEC + 2 ECs (multi-member body since 1989). President appoints them; CEC can be removed only like Supreme Court Judge; ECs can be removed only on CEC's recommendation. Ensures independence while allowing flexible composition.

73rd/74th Amendments aim to: (a) Decentralize power/functions/funds to local levels, (b) Ensure inclusive participation through reservations, (c) Enhance accountability via Gram Sabha/social audit, (d) Promote participatory planning. Not about creating parallel structures but strengthening federalism's third tier. Realizing this vision requires continuous political will, capacity building, and citizen engagement.

Constitution does not explicitly mandate capacity building; Article 243G/W empowers State Legislatures to endow Panchayats/Municipalities with powers/functions. Training is typically provided by State Institutes of Rural Development (SIRDs), National Institute of Rural Development (NIRD), and other agencies. Capacity gaps remain a challenge for effective decentralization.

PESA Act, 1996: Extends Part IX to Fifth Schedule areas (tribal areas in 10 States) with modifications: (a) Gram Sabha as primary unit, (b) Consultation with Gram Sabha for land acquisition, mining leases, etc., (c) Protection of tribal customs, community resources, traditional management. Empowers tribal self-governance while integrating with constitutional framework.

Article 243F: Disqualifications for Panchayat/Municipality membership: (a) As per State law, (b) Subject to Constitution: unsound mind (court declaration), undischarged insolvent, holding office of profit (as State law determines). State Election Commission decides disqualification questions. Balances State flexibility with constitutional safeguards.

Twelfth Schedule (Article 243W): 18 functional items for Municipalities including urban planning, regulation of land use, water supply, public health, slum improvement, urban poverty alleviation, parks, gardens, cemeteries, fire services, vital statistics, etc. States devolve powers/functions to Municipalities by law, enabling effective urban service delivery.

Article 243Q: Three types of Municipalities based on population, density, revenue: (a) Nagar Panchayat (transitional area), (b) Municipal Council (smaller urban area), (c) Municipal Corporation (larger urban area). Cantonment Boards are under Ministry of Defence, governed by Cantonments Act, 2006, not Part IXA.

Eleventh Schedule (Article 243G): 29 functional items for Panchayats including agriculture, land improvement, minor irrigation, rural housing, drinking water, roads, rural electrification, poverty alleviation, education, health, women and child development, etc. States may devolve powers/functions to Panchayats by law. Enables activity mapping for effective decentralization.

Article 243E: Panchayat term is 5 years. If dissolved earlier, elections within 6 months; new Panchayat serves only remainder of term. State Election Commission (Article 243K) conducts elections, independent of State government. Ensures regular, free, fair local elections, strengthening grassroots democracy.