Polity – GK Questions

The Basic Structure Doctrine was established in the landmark Kesavananda Bharati v. State of Kerala case (1973). The Supreme Court held that while Parliament has power to amend the Constitution under Article 368, it cannot alter the 'basic structure' or essential features of the Constitution (e.g., supremacy of Constitution, secularism, federalism, judicial review).

Financial Emergency under Article 360 has never been proclaimed in India. National Emergency has been proclaimed three times (1962, 1971, 1975), and President's Rule under Article 356 has been imposed over 120 times in various States. The non-use of Article 360 reflects India's relatively stable financial management.

The Constitution was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950. November 26 is celebrated as Constitution Day (Samvidhan Divas) in India since 2015 to honor Dr. Ambedkar's contribution.

Fundamental Rights are not absolute. Most rights can be restricted by the State under reasonable restrictions specified in the Constitution itself (e.g., Article 19 allows restrictions on freedom of speech in interests of sovereignty, security, public order, etc.). Some rights can also be suspended during a National Emergency (except Articles 20 and 21).

The Fourth Schedule of the Constitution specifies the allocation of Rajya Sabha seats to States and Union Territories. It is amended periodically to reflect changes in population and creation of new States. Currently, Rajya Sabha has 245 members (233 elected + 12 nominated).

Article 44, a Directive Principle of State Policy, directs the State to secure for citizens a Uniform Civil Code throughout the territory of India. It aims to replace personal laws based on religion with a common set of laws governing marriage, divorce, inheritance, and adoption for all citizens.

Article 280 provides for the constitution of a Finance Commission by the President every five years (or earlier). The Commission recommends the distribution of tax revenues between the Union and States, and among States themselves, and principles governing grants-in-aid to States.

Rajya Sabha is a permanent House under Article 83; it is not subject to dissolution. However, one-third of its members retire every two years, and fresh elections are held for those seats. This ensures continuity in the Upper House while allowing periodic renewal of membership.

Dr. B.R. Ambedkar described Article 32 (Right to Constitutional Remedies) as the 'heart and soul' of the Constitution because it provides the mechanism for enforcement of all other Fundamental Rights. Without this right, other rights would be meaningless as there would be no remedy for their violation.

The Constituent Assembly took 2 years, 11 months, and 18 days to complete the drafting of the Constitution. It first met on December 9, 1946, and the Constitution was adopted on November 26, 1949 (celebrated as Constitution Day), coming into force on January 26, 1950.

Article 360 empowers the President to proclaim a Financial Emergency if satisfied that India's financial stability or credit is threatened. During such emergency, the President can issue directions for reduction of salaries of all government officials, including Supreme Court and High Court Judges. However, a Financial Emergency has never been proclaimed in India.

The Eighth Schedule originally had 14 languages. Through various amendments (71st, 92nd, and 96th), four more languages were added: Konkani, Manipuri, Nepali (1992); Bodo, Dogri, Maithili, Santhali (2003); making the total 22 scheduled languages. [[3]][[14]]

Article 61 lays down the procedure for impeachment of the President. Charges can be initiated in either House of Parliament, require a 14-day notice, and must be passed by a two-thirds majority of the total membership of that House. The other House then investigates the charges.

The 86th Constitutional Amendment Act, 2002 inserted Article 21A, making education a Fundamental Right for children aged 6-14 years. It also added a Fundamental Duty under Article 51A(k) for parents/guardians to provide educational opportunities to their children in this age group.

The 73rd Amendment Act, 1992 added Part IX to the Constitution for Panchayats (rural local self-government), and the 74th Amendment Act, 1992 added Part IXA for Municipalities (urban local self-government). Both amendments gave constitutional status, mandatory elections, reservation provisions, and financial devolution to local bodies.

Article 1 of the Constitution states: 'India, that is Bharat, shall be a Union of States.' The term 'Union of States' was deliberately chosen by the Drafting Committee to indicate that Indian federation is not a result of an agreement among states and that states have no right to secede from the Union.

Under Article 254, if there is a repugnancy between a Central law and a State law on a Concurrent List subject, the Central law prevails. However, if the State law has been reserved for the President's consideration and has received his assent, then the State law prevails in that State (subject to Parliament's power to override later).

Article 17 abolishes untouchability and makes its practice in any form a punishable offence. The Protection of Civil Rights Act, 1955 (formerly Untouchability Offences Act, 1955) provides penalties for enforcing disabilities arising from untouchability.

Directive Principles of State Policy (Part IV, Articles 36-51) are non-justiciable, meaning they are not enforceable by any court. However, they are fundamental in the governance of the country, and it is the duty of the State to apply these principles in making laws (Article 37).

The President of India appoints the Chief Election Commissioner and other Election Commissioners under Article 324. However, the Election Commission functions independently. The 2023 Supreme Court judgment introduced a collegium system for appointments, but Parliament can legislate otherwise.