True/False – GK Questions

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.

Article 39(d) is a socialist principle directing the State to secure 'equal pay for equal work for both men and women'. This has been reinforced by judicial decisions (Randhir Singh case, 1982) and statutory provisions like the Equal Remuneration Act, 1976.

Article 37 explicitly states that DPSP 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 them in making laws. Courts can use them for interpreting statutes and constitutional provisions.

Article 359 allows suspension of enforcement of Fundamental Rights (except Articles 20 & 21) during National Emergency via Presidential order. The 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' rights can be suspended.

Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. Article 30(2) prohibits the State from discriminating against such institutions in granting aid. However, these institutions must maintain educational standards and can be regulated for academic excellence (T.M.A. Pai Foundation case, 2002).

Article 27 states: 'No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.' However, fees for religious services or voluntary contributions are not prohibited.

Article 24 prohibits employment of children below 14 years in factories, mines, or any other hazardous employment. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (amended 2016) strengthens this provision. It is an absolute prohibition with no exceptions for hazardous work.

Article 21A was inserted by the 86th Constitutional Amendment Act, 2002, making education a Fundamental Right for children aged 6-14 years. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 operationalizes this right. It is enforceable against the State.

Six freedoms under Article 19(1) - speech, assembly, association, movement, residence, profession - are available only to citizens, not foreigners. However, reasonable restrictions can be imposed in the interest of public order and sovereignty & integrity of India under Article 19(3).

Article 17 abolishes untouchability and forbids its practice in any form. The Protection of Civil Rights Act, 1955 (originally Untouchability Offences Act, 1955) prescribes punishments for enforcing disabilities arising from untouchability. It is an absolute right with no exceptions.