Polity – GK Questions

Linguistic federalism framework: (a) Union level: Article 343 declares Hindi in Devanagari official language; Official Languages Act, 1963 allows English to continue indefinitely for official Union purposes, (b) State level: Article 345 allows States to adopt any language in use or Hindi as official language, (c) Inter-State/Union-State communication: Article 346 mandates English unless States agree to use Hindi, (d) Judiciary: Article 348 mandates English in SC/HCs; some States authorized Hindi in subordinate courts. Balances national integration (Hindi promotion) with regional identity (State language autonomy); pragmatic pluralism as constitutional philosophy.

Inter-State Council (ISC): (a) Constitutional basis: Article 263 empowers President to establish ISC to inquire into and advise on: (i) disputes between States, (ii) subjects of common interest, (iii) policy recommendations, (b) Composition: PM (Chairperson), all CMs, UT Lt. Governors, Union Ministers as needed, (c) Functioning: Meets irregularly (last meeting 2022); discusses GST, internal security, education, health. Challenges: Infrequent meetings, limited implementation of recommendations. Illustrates cooperative federalism institution: potential for dialogue underutilized due to political dynamics.

Federalism flexibility during crisis: (a) Normal times: Parliament legislates on Union List (97 subjects), States on State List (61 subjects), both on Concurrent List (52 subjects; Union law prevails in conflict), (b) National Emergency (Article 352): Article 250 empowers Parliament to legislate on any State List subject; laws cease to operate 6 months after Emergency ends, (c) Article 353: Union executive can give directions to States on 'manner of exercise' of executive power. Designed for crisis management: temporary unitary features to ensure national response, restored to federal normalcy post-crisis.

SR Bommai guidelines (1994): (a) Presidential satisfaction under Article 356 subject to judicial review, (b) Floor test primary method to test majority, not Governor's subjective assessment, (c) Secularism part of basic structure; State government acting against secularism can justify Article 356, (d) Assembly dissolution not automatic; can be revived if proclamation struck down, (e) Governor's report based on objective material, not political opinion. Landmark judgment curbing arbitrary use of Article 356; strengthened federal balance by protecting State autonomy against political misuse.

15th Finance Commission (Chairman: N.K. Singh): Key recommendations: (a) Vertical devolution: 41% of Union tax revenues to States (down from 42% by 14th FC due to creation of J&K UTs), (b) Horizontal distribution criteria: Population (1971:15%, 2011:15%), Area (15%), Forest cover (10%), Income distance (45%), Demographic performance (12.5%), Tax effort (2.5%), (c) Sector-specific grants: Health, education, rural local bodies. Balances equity (needier States get more) with efficiency (rewarding reforms). Illustrates fiscal federalism in practice: technical criteria mediating political claims.

NITI Aayog (2015) vs Planning Commission (1950-2014): (a) Planning Commission: Constitutional extra-body, allocated Plan funds to States via Central assistance, top-down planning, (b) NITI Aayog: Executive resolution-based body, no fund allocation power, functions as: (i) Policy think tank, (ii) Platform for Centre-State dialogue (Governing Council: PM+all CMs), (iii) Competitive federalism rankings (Health Index, SDG Index), (iv) Innovation labs. Shift reflects evolution from directive to facilitative federalism; effectiveness depends on persuasion, not financial leverage.

Governor's discretionary powers (Article 163): (a) Valid discretion: Appointing CM when no party has clear majority, recommending President's Rule if constitutional machinery fails, reserving specific Bills for President (those derogating HC powers, conflicting with Union law, against national interest), (b) Not discretionary: Withholding assent arbitrarily, delaying Assembly sessions without cause, reserving Bills for political reasons. Supreme Court in various cases (SR Bommai, Nabam Rebia, Kerala Governor case) has curtailed arbitrary use of gubernatorial powers to protect State autonomy within federal framework.

Cauvery dispute resolution: (a) Tribunal constituted 1990, award 2007 (modified 2018 by SC), (b) Allocation: Tamil Nadu 419 TMC, Karnataka 270 TMC, Kerala 30 TMC, Puducherry 7 TMC, (c) CWMA established 2018 under Inter-State Water Disputes (Amendment) Act to implement award, regulate releases, monitor compliance, (d) Challenges: Political resistance, drought management, data transparency. Illustrates complexity of federal resource sharing: legal awards require political will and institutional mechanisms for implementation.

Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: Union Government has 1/3 vote weight, all State Governments collectively have 2/3 vote weight. This design: (a) Prevents unilateral domination by Centre or any State group, (b) Forces consensus-building on tax rates, exemptions, thresholds, (c) Exemplifies cooperative fiscal federalism. Practical challenges: Union-State disagreements on compensation, rate rationalization, compliance burden. Illustrates federalism in action: shared sovereignty requiring continuous dialogue.

Supreme Court judgment (December 11, 2023): 5-judge Constitution Bench unanimously held: (a) Article 370 was a temporary provision facilitating J&K's integration, (b) President had power under Article 370(3) to declare it inoperative after Constituent Assembly dissolved, (c) Governor's concurrence valid during President's Rule, (d) J&K's bifurcation into UTs valid temporarily, (e) Directed restoration of Statehood and holding of Assembly elections by September 2024. Balanced constitutional interpretation with practical federal considerations.

In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held that Parliament can amend any part of the Constitution but cannot alter its 'basic structure' (e.g., supremacy of Constitution, judicial review, federalism).

Article 110 defines Money Bills. They can only be introduced in Lok Sabha with President's prior recommendation (Article 117). Rajya Sabha can only recommend changes within 14 days; Lok Sabha may accept/reject them.

Article 263 empowers the President to establish an Inter-State Council to inquire into and advise on disputes between States, investigate subjects of common interest, and make policy recommendations.

Article 58: Qualifications for President include: (a) citizen of India, (b) 35+ years age, (c) qualified for election as Lok Sabha member, (d) not holding office of profit. Similar to PM eligibility.

CAG can only be removed in like manner and on like grounds as a Supreme Court Judge (Article 148): by Presidential order after Parliament addresses with 2/3 majority of members present and voting, and majority of total membership.

Article 61: President can be impeached for 'violation of the Constitution' by Parliament. Charges can be initiated in either House; requires 2/3 majority of total membership for removal.

The 42nd Amendment added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble. The Preamble is part of the Constitution and can be amended under Article 368, but basic structure cannot be altered (Kesavananda Bharati case).

Under Article 200, the Governor may reserve certain Bills (e.g., those affecting HC powers, inter-state disputes, or contrary to DPSP) for Presidential assent. The President may assent, withhold, or return the Bill.

Habeas Corpus ('to have the body') is issued to secure release of a person illegally detained. It can be issued against public authorities and private individuals. Available under Articles 32 & 226.

Originally a Fundamental Right (Article 31), the 44th Amendment Act (1978) removed it from Part III and made it a constitutional/legal right under Article 300A: 'No person shall be deprived of his property save by authority of law'.