Polity – True/False – GK Questions

Adjournment (daily/short break) doesn't affect pending business. Prorogation (end of session) terminates pending notices but NOT bills or motions. Dissolution (end of Lok Sabha term) terminates all pending business except bills pending in Rajya Sabha and passed by Lok Sabha. Understanding these distinctions is crucial for procedure questions.

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 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 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.

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 83(2): Lok Sabha term is 5 years unless dissolved earlier. During National Emergency (Article 352), Parliament can extend term by law for one year at a time, not exceeding 6 months after Emergency ceases. This balances democratic mandate with crisis management needs.

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.

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.

While Article 74(1) mandates President to act on Cabinet advice, Supreme Court in Shamsher Singh (1974) and subsequent cases recognized limited situational discretion: (a) appointing PM in hung parliament, (b) dismissing ministry losing majority, (c) dissolving Lok Sabha if no alternative government possible. These are 'constitutional necessities', not personal whims.

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(1): President appoints PM, but Constitution doesn't mandate appointing majority leader. Convention dictates this, but in hung parliaments, President exercises discretion to appoint someone who can command majority support. This discretionary power was notably used in 1979, 1996, 1998, and 2014.

Article 72 grants President power to grant pardons, reprieves, respites, remissions, or suspend/remute sentences in three cases: (a) court-martial punishments, (b) offences against Union law, (c) death sentences. This is an executive check on judicial power, exercised on Cabinet advice.

Article 111: President can return ordinary bills for reconsideration, but Money Bills (Article 110) cannot be returned. President must either give assent or withhold assent to Money Bills. This ensures financial legislation proceeds without executive delay, respecting Lok Sabha's financial supremacy.

Article 58 specifies qualifications for President: (a) citizen of India, (b) completed 35 years of age, (c) qualified for election as Lok Sabha member, (d) not holding any office of profit. These ensure maturity and constitutional eligibility for the highest executive office.

Article 40 (organisation of village panchayats) existed in original DPSP. The 73rd (1992) and 74th (1992) Amendments added Parts IX and IXA to the Constitution, giving constitutional status to Panchayats and Municipalities with justiciable provisions, not merely Directive Principles. So, they are enforceable now.

Article 41 is a socialist principle directing the State to secure, within economic capacity, the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. While not justiciable, it has inspired MGNREGA, pension schemes, and disability welfare programs.

Originally, in State of Madras v. Champakam Dorairajan (1951), SC held FRs prevail over DPSP. However, the 25th Amendment (1971) inserted Article 31C giving precedence to DPSP under Articles 39(b) & (c) over Articles 14, 19 & 31. The 42nd Amendment expanded this, but Minerva Mills (1980) struck down the expansion, restoring balance. So, it's not absolute.

Article 43B was inserted by the 97th Amendment (2011) to strengthen the co-operative movement. However, the Supreme Court in 2021 struck down parts of this amendment relating to State co-operative societies, upholding it only for Union Territories and multi-State co-operative societies.

Article 49 is a cultural-educational principle directing the State to protect monuments, places, and objects of artistic or historic interest declared of national importance by Parliament. This is implemented through the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Article 39A was added by the 42nd Amendment (1976) to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This led to the Legal Services Authorities Act, 1987, establishing Lok Adalats and NALSA.