Polity – GK Questions

Article 270: Taxes levied/collected by Union and distributed: (a) Income tax (excluding agricultural income), (b) Corporation tax. Distribution per Finance Commission recommendations (15th FC: 41% to States). Distinct from Article 268 (Union duties collected/appropriated by States) and Article 269 (Union taxes assigned to States). Complex fiscal federalism architecture.

Governor has dual role: (a) Constitutional head of State executive (Article 153-167), (b) Agent of Union for reporting State affairs to President (Article 356). This duality can create tension: Sarkaria Commission recommended Governors act impartially, not as Union agents; appointed after consulting State CM; not removed arbitrarily. Balances federal autonomy with Union oversight.

Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: (a) Union Government: 1/3 vote weight, (b) All State Governments collectively: 2/3 vote weight. Ensures neither Union nor States can dominate; requires consensus on GST rates, exemptions, thresholds. Exemplifies cooperative fiscal federalism in practice.

Article 263: President may establish Inter-State Council to: (a) inquire into and advise on disputes between States, (b) investigate subjects of common interest, (c) make policy recommendations. Established 1990; chaired by PM; members include CMs, UT Lt. Governors, Union Ministers. Institutionalizes dialogue and consensus-building in Centre-State relations.

Article 312: All India Services (IAS, IPS, IFoS) created by Parliament; recruited/trained by Union (UPSC); serve in State cadres under State control for day-to-day administration. Disciplinary control shared: State initiates proceedings, but major penalties require Union consultation. Balances national standards with State administrative autonomy; key feature of Indian federalism.

Article 256: States must exercise executive power to ensure compliance with Parliament laws and existing laws; Union may give directions. Article 257: Extends to Union directions on matters like construction/maintenance of means of communication of national/military importance, protection of railways, etc. Ensures national policy implementation while respecting State executive domain.

Article 252: Cooperative federalism mechanism: (a) Two+ States pass resolutions requesting Parliament to legislate on State List subject, (b) Parliament enacts law applicable to consenting States, (c) Other States may adopt law later by passing State Legislature resolution. Enables uniform legislation on subjects like water disputes, environmental protection while respecting State autonomy.

Article 249: Rajya Sabha can pass resolution by SPECIAL majority (2/3 of members present and voting) declaring it expedient in national interest that Parliament should legislate on State List subject. Resolution valid for 1 year, renewable. Enables Union legislation on State subjects without Emergency, respecting federal flexibility while ensuring national interest.

Article 254(1): In repugnancy between Union and State law on Concurrent List, Union law prevails. Exception under Article 254(2): If State law reserved for President's consideration and receives assent, it prevails in that State (but Parliament can still override by subsequent law). Balances Union supremacy with State flexibility.

Writ jurisdiction (Articles 32, 226) is cornerstone of Indian constitutionalism: (a) Enforces Fundamental Rights and legal rights, (b) Checks executive/judicial excesses through judicial review, (c) Ensures accountability via Mandamus, Certiorari, etc., (d) Adapts to new challenges through PIL, continuing mandamus. Empowers courts as guardians of Constitution and protectors of citizens' rights against State power.

Doctrine of laches: Equitable principle that courts may refuse relief if petitioner delays unreasonably in filing petition, causing prejudice to respondent or public interest. Not a rigid rule; courts balance: (a) Nature of right violated, (b) Reason for delay, (c) Prejudice to parties, (d) Public interest. Ensures timely enforcement while accommodating genuine hardships.

Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, advisory opinion is NOT binding on President or government; it's consultative. Writ judgments under Article 32 are binding and enforceable. Advisory jurisdiction complements but does not replace writ jurisdiction; serves different constitutional purposes.

Natural justice principles: (a) Audi alteram partem (hear the other side: right to notice, hearing, cross-examination), (b) Nemo judex in causa sua (no one should be judge in own cause: rule against bias). Violation of either can be ground for Certiorari to quash order of judicial/quasi-judicial body. Ensures fair procedure in administrative/judicial decisions.

Key distinction: Article 32 is itself a Fundamental Right (Part III), making access to SC for FR enforcement a guaranteed right. Article 226 is a constitutional power (Part V) of High Courts, not a fundamental right. Thus, Parliament cannot curtail Article 32 by ordinary law, while Article 226 jurisdiction can be regulated by law (subject to basic structure).

Continuing mandamus: SC/HC keeps writ petition pending and issues periodic directions to executive agencies to ensure compliance with court orders in PIL cases (e.g., environmental protection, police reforms, prison conditions). Enables judicial monitoring of executive action without usurping executive function. Innovative tool for effective rights enforcement.

Quo Warranto conditions: (a) Office must be substantive (not mere employment/function), (b) Created by Constitution/statute, (c) Public in character (governmental function), (d) Person must assert claim to office, (e) Claim must be without legal authority. Not issued for: (a) Private offices, (b) Offices held at pleasure, (c) Mere declarations of right.

PIL evolution: S.P. Gupta v. Union of India (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. Transformed judicial role from dispute resolution to social justice delivery.

Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.

Habeas Corpus not issued if: (a) Detention is lawful (e.g., valid conviction, preventive detention with procedural safeguards under Article 22), (b) Proceeding is for contempt of court/legislature, (c) Detention by competent court. However, if preventive detention violates procedural safeguards (e.g., no communication of grounds, no advisory board), HC/SC can issue Habeas Corpus.

Article 226(1): HC can issue writs for: (a) enforcement of Fundamental Rights (like SC), OR (b) 'for any other purpose' i.e., enforcement of legal rights (statutory/common law rights). Thus, HC's writ jurisdiction is substantively wider. However, SC's jurisdiction is nationwide while HC's is territorial. Complementary roles in rights protection.