Polity – Medium Level – GK Questions

Article 169: Parliament can create/abolish State Legislative Council (upper house) by law, if State Assembly passes resolution by special majority (2/3 of members present and voting). Council is permanent body with 1/3 members retiring every 2 years. Currently, 6 States have Councils: UP, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh.

52nd Amendment (1985) inserted Tenth Schedule: Members disqualified if (a) voluntarily give up party membership, or (b) vote/abstain contrary to party whip without prior permission. Exceptions: merger of 2/3 members, independent members joining party post-election, nominated members joining party after 6 months. Speaker/Chairman decides disqualification.

Committee on Public Undertakings (1964) examines reports of CAG on public sector undertakings, like Estimates Committee examines government expenditure estimates. Both are financial committees with Lok Sabha majority. PAC (oldest, 1921) audits post-expenditure; Estimates Committee examines pre-expenditure proposals.

Article 111: Standard legislative process: (a) Introduction and passage in both Houses (with exceptions for Money Bills), (b) Presentation to President, (c) Presidential assent. President may assent, withhold assent, or return bill (except Money Bills) for reconsideration. This tripartite process ensures thorough scrutiny.

Article 120: Parliamentary business in Hindi/English; members may speak in any Eighth Schedule language with presiding officer's permission. Eighth Schedule originally had 14 languages; now 22. This balances national integration with linguistic diversity in legislative proceedings.

Article 100(1): Decisions by majority of members present and voting (excluding abstentions). Presiding officers (Speaker/Chairman) don't vote in first instance but exercise casting vote in tie (Article 100(2)). This maintains impartiality while ensuring decisions are reached.

Article 108: Joint sitting resolves deadlocks on ordinary bills (not Money Bills or Constitutional Amendment Bills). Presided by Speaker; in absence, by Deputy Speaker or Deputy Chairman of Rajya Sabha. Decision by simple majority of members present and voting. Used only thrice: 1961, 1978, 2002.

Article 109: Money Bills can only be introduced in Lok Sabha with President's prior recommendation. Rajya Sabha can only make recommendations within 14 days; Lok Sabha may accept/reject them. If Rajya Sabha doesn't return bill in 14 days, it's deemed passed. This upholds Lok Sabha's financial supremacy.

Seventh Schedule: Union List (97 subjects) includes defence, foreign affairs, currency, etc. Public Health is in State List (List II, Subject 6). Parliament can legislate on State List during Emergency (Article 250), if Rajya Sabha passes resolution (Article 249), or for implementing international agreements (Article 253).

Article 102(1)(a): Holding office of profit under Union or State government disqualifies Parliament membership, unless Parliament by law declares otherwise. This prevents conflict of interest between legislative and executive roles. Parliament (Prevention of Disqualification) Act, 1959 lists exempted offices.

Article 80: Rajya Sabha max strength 250 (238 elected + 12 nominated). Nominated members are persons with special knowledge/practical experience in literature, science, art, and social service. Current strength is 245. Nominations ensure expert voices in legislation without electoral politics.

Article 78(b): It is duty of PM to furnish such information relating to administration of Union affairs and proposals for legislation as the President may call for. This ensures nominal executive (President) stays informed, though real executive (PM/Council) governs. Reinforces cooperative federalism within Union executive.

Article 65: If President's office falls vacant due to death, resignation, removal, or otherwise, Vice President discharges functions. If VP office is also vacant, Chief Justice of India (or senior-most SC judge) acts as President. Election to fill vacancy must be held within 6 months.

Constitution recognizes only two categories under Article 75: Cabinet Ministers and other Ministers (Ministers of State). 'Deputy Ministers' were abolished in 1952. Ministers of State may have independent charge or assist Cabinet Ministers. Only Cabinet Ministers attend Cabinet meetings, ensuring focused decision-making.

Article 361: President (and Governors) enjoy immunity: (a) no criminal proceedings during term, (b) no arrest/imprisonment, (c) civil proceedings allowed with 2-month notice. This ensures head of state can perform duties without harassment, but doesn't grant impunity post-tenure.

Article 76: President appoints Attorney General (AG) who must be qualified to be Supreme Court judge. AG is highest law officer, advises government, represents Union in courts, has right to speak in Parliament but no vote. AG holds office during President's pleasure and can be removed anytime.

Article 75(2): Ministers hold office during pleasure of President. Since President acts on PM's advice (Article 74), this effectively means PM can dismiss any minister anytime. This ensures PM's authority over Council and enables reshuffles without constitutional amendment.

Article 75(3): Council of Ministers is collectively responsible to Lok Sabha. This means: (a) Ministry falls if Lok Sabha passes no-confidence motion, (b) Ministers defend government policies jointly, (c) Resignation of PM dissolves entire Council. This is cornerstone of parliamentary democracy.

Article 78(a): PM communicates to President all Council decisions on Union administration and legislative proposals. Article 78(b) requires PM to furnish information called for by President. Article 78(c) allows President to refer matters for Council consideration. These ensure coordination between nominal and real executive.

Article 67(b): VP can be removed by Rajya Sabha passing a resolution by majority of all then-members, and agreed to by Lok Sabha. No impeachment process needed; simple majority suffices. Notice of at least 14 days must be given. This reflects VP's primary association with Rajya Sabha.