Polity – Medium Level – GK Questions

Article 217: HC Judges appointed by President after consultation with: (a) CJI, (b) Governor of State, (c) CJ of that HC (except for appointment of CJ). Collegium system applies: CJI-led collegium recommends names. Ensures judicial independence while incorporating executive input through consultation.

Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, SC's opinion is NOT binding on President; it's advisory only. SC may decline to answer if question is political or speculative. Used in landmark references: Ayodhya (1993), 2G spectrum (2012), NJAC (2015).

Article 134(1): Appeal to SC as of right in criminal cases if: (a) HC reversed acquittal and sentenced to death, OR (b) HC withdrew case from subordinate court and sentenced to death, OR (c) HC certifies case fit for appeal. Civil appeals require HC certification of substantial question of law (Article 133).

Article 131: SC has exclusive original jurisdiction in federal disputes: (a) Union vs one/more States, (b) Union+State(s) vs State(s), (c) State vs State. Excludes disputes arising from pre-Constitution treaties/agreements. Ensures apex court resolves inter-governmental conflicts impartially, preserving federal balance.

Article 124(2): SC Judges retire at 65 years; HC Judges at 62 years (Article 217). Judges can resign by writing to President. This age differentiation recognizes SC's greater workload and complexity, while ensuring regular infusion of fresh judicial talent at both levels.

Article 124(2): SC Judges appointed by President after consultation with CJI and other SC/HC Judges as deemed necessary. Collegium system (evolved through Judges Cases: 1981, 1993, 1998) now governs appointments: CJI-led collegium recommends names, President normally appoints. Ensures judicial independence.

Article 167(a-b): CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor. Ensures Governor (nominal executive) stays informed while CM/Council (real executive) governs. Reinforces cooperative executive functioning at State level.

Article 176: Governor addresses State Legislature at: (a) first session after general election, (b) first session of each year. Address outlines government policies, legislative agenda, and State's condition. Similar to President's address to Parliament under Article 87, reinforcing ceremonial head's role.

Article 153 (as amended by 7th Amendment, 1956): Same person can be appointed Governor of two or more States. This provision enables administrative flexibility, especially for small States or during transitional periods. Emoluments are shared between States as determined by President.

Article 174: Governor summons/prorogues Assembly and can dissolve it. Convention dictates Governor accepts CM's advice on dissolution if CM commands majority. However, in ambiguous situations (e.g., loss of majority), Governor may exercise discretion to explore alternative government before dissolving.

Article 361: Governor enjoys immunity: (a) no criminal proceedings during term, (b) no arrest/imprisonment, (c) civil proceedings allowed with 2-month notice. Ensures Governor can perform constitutional duties without harassment. Immunity ends after tenure; post-tenure accountability remains.

Article 165: Governor appoints Advocate General (AG) who must be qualified to be High Court judge. AG is highest law officer of State, advises government, represents State in courts, has right to speak in State Legislature but no vote. Holds office during Governor's pleasure.

Article 164(2): Council of Ministers is collectively responsible to Legislative Assembly (not Council). This means: (a) Ministry falls if Assembly passes no-confidence motion, (b) Ministers defend policies jointly, (c) CM's resignation dissolves entire Council. Cornerstone of parliamentary democracy at State level.

Article 167: CM shall communicate to Governor all Council decisions on State administration and legislative proposals; furnish information called by Governor; submit matters for Council consideration if Governor requires. Mirrors Article 78 for Union, ensuring coordination between nominal and real executive at State level.

Article 161: Governor can grant pardons, reprieves, respites, remissions for offences against State law. However, Governor cannot pardon: (a) court-martial punishments, (b) death sentences (only President under Article 72 can pardon death sentences). This division prevents conflicting clemency decisions.

Article 200: Governor may reserve certain Bills for President's consideration: (a) Bills derogating HC powers, (b) Bills on Concurrent List conflicting with Union law, (c) Bills against DPSP or national interest. President may assent, withhold assent, or direct Governor to return Bill (if not Money Bill).

Article 217: High Court judges are appointed by President (not Governor) after consultation with CJI, Governor of State, and CJ of HC. Governor appoints CM (Article 164), Advocate General (Article 165), SPSC Chairman/members (Article 316), and other State officers. Understanding appointment authorities is crucial.

Article 156: Governor holds office during pleasure of President (can be removed anytime without reasons), but normally serves 5-year term. Can resign by writing to President. Supreme Court in BP Singhal case (2010) held that pleasure doctrine is not arbitrary; removal must be for compelling reasons.

Public Accounts Committee (PAC): 22 members (15 from Lok Sabha, 7 from Rajya Sabha), elected by proportional representation. Chairperson from Opposition by convention (since 1967-68). Examines CAG reports on government expenditure, ensuring financial accountability. Oldest parliamentary committee (established 1921).

Rule 198 of Lok Sabha Rules: No-confidence motion against Council of Ministers can be introduced only in Lok Sabha (as Council is collectively responsible to it under Article 75(3)). Requires support of at least 50 members for admission. If passed, Council must resign. Rajya Sabha cannot remove government directly.