Polity – MCQ – GK Questions

73rd Constitutional Amendment Act, 1992 added Part IX (Articles 243-243O) giving constitutional status to Panchayati Raj Institutions (PRIs). Came into force on 24.04.1993. Made rural local self-government a justiciable part of Constitution, not merely Directive Principle. 74th Amendment (same year) did same for Urban Local Bodies.

Indian federalism is unique: (a) Federal in normal times (division of powers, independent judiciary, bicameralism), (b) Unitary in emergencies (Centre assumes State powers), (c) Flexible (Parliament can reorganize States, amend Constitution). Designed by Constituent Assembly to balance regional autonomy with national unity in diverse, post-partition India. Evolves through judicial interpretation and political practice.

Article 3: Parliament may by law: (a) form new States, (b) increase/decrease State area, (c) alter boundaries/name. Procedure: President refers bill to affected State Legislature(s) for views within specified period; Parliament not bound by views. Ensures federal consultation while preserving Union's power to reorganize States for administrative efficiency.

Article 368(2) proviso (in original Constitution): Amendments affecting: (a) election of President, (b) extent of executive power of Union/States, (c) Supreme Court/High Courts, (d) distribution of legislative powers, (e) representation of States in Parliament, (f) Article 368 itself, require ratification by legislatures of not less than half States. Protects federal features from unilateral Union amendment.

States Reorganisation Act, 1956 (not Constitution) established five Zonal Councils: Northern, Central, Eastern, Western, Southern. Each comprises CMs of member States + 2 other Ministers per State + Union Home Minister (Chairman). Advisory bodies promoting economic/social planning, border disputes resolution, inter-State transport coordination.

Article 263: President may establish Inter-State Council to inquire into and advise on: (a) disputes between States, (b) subjects of common interest, (c) policy recommendations. Established in 1990; chaired by PM; members include CMs of States, UTs, and Union Ministers. Promotes inter-governmental cooperation.

Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303: Neither Parliament nor State Legislature can discriminate between States or give preference, except to address scarcity. Article 304: States may impose reasonable restrictions with Presidential assent. Balances economic unity with regulatory needs.

Article 269: Taxes levied/collected by Union but assigned to States (e.g., estate duty on non-agricultural property, terminal taxes on goods/passengers) do not form part of Consolidated Fund of India. Article 270 covers taxes levied/collected by Union and distributed between Union and States (e.g., income tax). Article 268 covers duties levied by Union but collected/appropriated by States (e.g., stamp duties).

Article 256: State executive power must be exercised to ensure compliance with Parliament laws and existing laws applicable in State. Union can give directions to States for this purpose. Article 257 extends this to Union directions on matters like railways, communications. Ensures national policy uniformity.

Seventh Schedule contains three Lists: Union List (List I - 97 subjects), State List (List II - 61 subjects), Concurrent List (List III - 52 subjects). Parliament has exclusive power on Union List, State Legislatures on State List, and both on Concurrent List (Union law prevails in conflict).

The Preamble declares India to be a 'Sovereign Socialist Secular Democratic Republic'. The term 'Republic' signifies that the head of State (President) is elected, not hereditary, and that political sovereignty rests with the people, not a monarch. This distinguishes India from constitutional monarchies like the UK.

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).

The First Schedule of the Constitution lists the States and Union Territories of India along with their territorial jurisdictions. It is amended whenever there is reorganization of States (e.g., creation of Telangana in 2014) or changes in Union Territory status.

Article 85 states that the President shall summon each House of Parliament to meet such that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. This ensures parliamentary accountability and regular legislative business.

Article 315 provides for a Union Public Service Commission for the Union and a State Public Service Commission for each State. UPSC conducts examinations for recruitment to All India Services and Central Services, and advises the government on disciplinary matters and promotions.

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.

Article 23 prohibits trafficking in human beings, begar (forced labour), and other similar forms of forced labour. Any contravention is punishable by law. Article 24 separately prohibits employment of children below 14 years in factories, mines, or hazardous occupations.

The ideals of Liberty, Equality, and Fraternity in the Preamble were inspired by the French Revolution (1789). These principles reflect the influence of French constitutional thought on the Indian Constitution's vision of a just and egalitarian society.

Under Article 117, a Money Bill (dealing with taxation, government expenditure, etc.) can be introduced in Lok Sabha only with the prior recommendation of the President. Additionally, Money Bills can only be introduced in Lok Sabha (not Rajya Sabha), and Rajya Sabha has limited powers over them (can only recommend changes within 14 days).

The Basic Structure Doctrine was established in the landmark Kesavananda Bharati v. State of Kerala case (1973). The Supreme Court held that while Parliament has power to amend the Constitution under Article 368, it cannot alter the 'basic structure' or essential features of the Constitution (e.g., supremacy of Constitution, secularism, federalism, judicial review).