Polity – True/False – GK Questions

Article 371 (and clauses 371A-J): Special provisions for 11 States addressing: (a) Regional development (Maharashtra, Gujarat), (b) Tribal protection (Nagaland, Mizoram, Arunachal Pradesh), (c) Cultural autonomy (Manipur, Sikkim), (d) Administrative flexibility (Assam, Andhra Pradesh, Karnataka, Goa). Reflects Constitution's flexibility to accommodate regional diversity within unified framework.

Article 348(1)(a): Proceedings in SC and HCs shall be in English. Article 348(2): Governor may authorize use of Hindi/State language in HC proceedings with President's consent, but judgments/decrees/orders must be in English. Some States (e.g., UP, MP, Bihar) have authorized Hindi in subordinate courts. Balances access to justice with legal precision.

Eighth Schedule originally had 14 languages (1950). Added through amendments: Sindhi (21st Amendment, 1967), Konkani, Manipuri, Nepali (71st Amendment, 1992), Bodo, Dogri, Maithili, Santhali (92nd Amendment, 2003). Total now 22 languages. Inclusion grants recognition, representation on Official Language Commission, and use in education/administration.

Tenth Schedule doesn't distinguish between 'conscience votes' and other votes. If party issues whip, members must follow it or face disqualification (unless condoned within 15 days). Contrast with UK/other democracies where 'free votes' allowed on conscience issues. Debate ongoing in India about introducing conscience vote exception to balance party discipline with individual conscience.

Election Symbols Order: ECI can derecognize party for: (a) Failure to conduct organizational elections, (b) Non-submission of audited accounts, (c) Violation of model code of conduct, (d) Engaging in activities prejudicial to sovereignty/integrity of India. Derecognition leads to loss of reserved symbol and other benefits. Ensures accountability of recognized parties.

Kihoto Hollohan case (1992): SC held Speaker functions as quasi-judicial tribunal while deciding Tenth Schedule petitions; must act impartially, follow natural justice principles (notice, hearing, reasoned order). However, Speaker's political affiliation raises concerns about bias; reforms proposed to transfer power to independent tribunal (e.g., Election Commission or judicial panel).

Kihoto Hollohan case (1992): SC held judicial review of Speaker's decision under Tenth Schedule is available but: (a) Generally after final decision, (b) Interim relief only in exceptional cases (e.g., imminent irreversible harm), (c) Courts don't act as appellate authority but review constitutional validity. Balances legislative autonomy with constitutional safeguards.

Election Symbols (Reservation and Allotment) Order, 1968: ECI recognizes parties as: (a) National Party: meets criteria in 6+ States (e.g., 6% votes + 4 LS seats in 4+ States, or 2% LS seats in 3+ States), (b) State Party: meets criteria in that State. Recognition grants benefits: reserved symbol, broadcast time, campaign advantages. Criteria revised periodically.

Kihoto Hollohan v. Zachillhu (1992): SC upheld constitutional validity of Tenth Schedule but held: (a) Speaker's decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandates, (b) Judicial intervention only after final decision by Speaker (not interim), (c) Courts can grant interim stay in exceptional cases. Balances legislative autonomy with constitutional accountability.

Paragraph 2(2) of Tenth Schedule: Independent member (elected without party symbol) is disqualified if they join any political party after election. Rationale: Voters elected them as independent; joining party post-election betrays electoral mandate. However, they can support a party without joining it, though this may have political consequences.

Paragraph 2(1)(a) of Tenth Schedule: A member is disqualified if they voluntarily give up membership of political party on whose ticket they were elected. 'Voluntarily giving up' includes actions showing resignation from party even without formal letter (Kihoto Hollohan case). Prevents opportunistic defections for personal gain.

GST Council (Article 279A): Chaired by Union Finance Minister; members include Union Minister of State for Finance + State Finance Ministers. Decisions by 3/4 majority: Centre has 1/3 vote weight, States collectively 2/3. Enables consensus-based decisions on GST rates, exemptions, thresholds. Exemplifies cooperative federalism: shared sovereignty in fiscal policy for 'One Nation, One Tax'.

NITI Aayog (National Institution for Transforming India): Established by executive resolution (2015), NOT constitutional body. Governing Council comprises PM + all CMs + UT Lt. Governors. Promotes cooperative federalism through policy dialogue, best practices sharing, competitive federalism rankings. Unlike Planning Commission's top-down approach, emphasizes 'Team India' with States as partners.

SR Bommai v. Union of India (1994): Landmark 9-judge bench judgment: (a) Presidential satisfaction under Article 356 subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Floor test is primary method to test majority, (d) Assembly dissolution not automatic; can be revived if proclamation invalidated. Curbed arbitrary use of Article 356.

Article 353(b): During National Emergency, Union executive power extends to giving directions to any State on 'manner of exercise' of its executive power. Article 250: Parliament can legislate on State List. Combined effect: State autonomy temporarily suspended; Centre assumes unitary control. Restored post-Emergency. Designed for crisis management, not permanent centralization.

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 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 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 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.

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.