Polity – GK Questions

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 61st Constitutional Amendment Act, 1988 amended Article 326 to reduce the voting age for Lok Sabha and State Legislative Assembly elections from 21 to 18 years. This was aimed at empowering youth and increasing democratic participation. It came into effect in 1989.

The Right to Privacy is not explicitly mentioned in the Constitution's text. However, in the landmark Justice K.S. Puttaswamy v. Union of India case (2017), a nine-judge bench of the Supreme Court unanimously held that Right to Privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21, and thus a Fundamental Right.

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.

The Constituent Assembly of India held its first meeting on December 9, 1946, in the Constitution Hall (now Central Hall of Parliament). Dr. Sachchidananda Sinha was the temporary Chairman. The Assembly later elected Dr. Rajendra Prasad as its permanent President.

Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it, subject to provisions of any law made by Parliament or rules made under Article 145. This review jurisdiction is exercised by a bench of the same or larger strength, typically to correct patent errors or address new evidence.

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 21A, inserted by the 86th Amendment Act, 2002, makes education a Fundamental Right for children aged 6 to 14 years. The State is obligated to provide free and compulsory education to this age group. This was operationalized through the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

The Directive Principles of State Policy (Part IV) were indeed borrowed from the Irish Constitution (Bunreacht na hÉireann), which itself was influenced by Spanish constitutional principles. The Indian Constitution adapted these principles to suit India's socio-economic context and development goals.

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 343(1) states: 'The official language of the Union shall be Hindi in Devanagari script.' However, Article 343(2) allowed English to continue for official purposes for 15 years from commencement of Constitution (i.e., till 1965). The Official Languages Act, 1963 extended the use of English indefinitely for certain purposes.

Only amendments that affect federal structure or State interests (e.g., election of President, extent of executive power of Union/States, Supreme Court/High Courts, distribution of legislative powers, representation of States in Parliament, Article 368 itself) require ratification by at least half of State Legislatures. Other amendments need only special majority in Parliament.

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.

The CAG is appointed by the President under Article 148. For removal, Article 148(1) states that the CAG can be removed only on the grounds and in the manner provided for the removal of a Supreme Court Judge (i.e., by Presidential order after an address by both Houses of Parliament supported by special majority on grounds of proved misbehavior or incapacity).

Under Article 249, if Rajya Sabha passes a resolution by a two-thirds majority of members present and voting that it is expedient in the national interest for Parliament to legislate on a State List subject, Parliament can make laws on that subject. Such a resolution remains in force for one year but can be renewed. This provision balances federalism with national needs.

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).

Originally, the 42nd Amendment Act, 1976 added 10 Fundamental Duties. The 86th Amendment Act, 2002 added the 11th duty: 'to provide opportunities for education to his child or ward between the age of six and fourteen years'. These duties are moral obligations for citizens but are not legally enforceable.

Following the Kesavananda Bharati judgment (1973) and subsequent cases like Minerva Mills (1980), the Supreme Court has the power of judicial review over constitutional amendments. It can strike down amendments that violate the 'basic structure' of the Constitution, even if passed with the required majority under Article 368.