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The Eighth Schedule of the Constitution originally contained 14 languages and now contains 22 languages.
- True
- False
Answer: True
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.
Under the Tenth Schedule, if a party issues a whip on a matter of conscience (e.g., moral/ethical issue), members can still vote according to conscience without facing disqualification.
- True
- False
Answer: False
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.
The Election Commission can derecognize a political party if it fails to conduct organizational elections or submit audited accounts as required.
- True
- False
Answer: True
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.
The Supreme Court has held that the Speaker, while deciding disqualification petitions under Tenth Schedule, functions as a tribunal and must act impartially, free from political considerations.
- True
- False
Answer: True
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).
Courts can intervene in anti-defection proceedings only after the Speaker has given a final decision, and not at interim stage except in exceptional circumstances.
- True
- False
Answer: True
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.
The Election Commission of India recognizes political parties as either 'National Parties' or 'State Parties' based on electoral performance criteria.
- True
- False
Answer: True
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.
The Supreme Court in Kihoto Hollohan case (1992) held that the Speaker's decision under Tenth Schedule is subject to judicial review on constitutional grounds.
- True
- False
Answer: True
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.
An independent member elected to legislature is disqualified if they join any political party after election.
- True
- False
Answer: True
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.
Under the Tenth Schedule, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
- True
- False
Answer: True
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.
The GST Council is an example of cooperative federalism where both Union and States participate in decision-making on indirect taxation.
- True
- False
Answer: True
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, which replaced the Planning Commission in 2015, is a constitutional body established under Article 263.
- True
- False
Answer: False
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.
The Supreme Court in SR Bommai case (1994) held that the imposition of President's Rule under Article 356 is subject to judicial review and the State Legislative Assembly can be revived if the proclamation is struck down.
- True
- False
Answer: True
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.
During a National Emergency under Article 352, the federal structure of the Constitution automatically converts into a unitary one without any formal amendment.
- True
- False
Answer: True
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.
The Governor acts solely as the constitutional head of the State and has no role as an agent of the Union Government.
- True
- False
Answer: False
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.
Officers of All India Services like IAS and IPS are recruited by the Union but serve under the control of State Governments in State cadres.
- True
- False
Answer: True
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.
Under Article 249, Rajya Sabha can enable Parliament to legislate on a State List subject by passing a resolution with simple majority.
- True
- False
Answer: False
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.
The Supreme Court can issue advisory opinions under Article 143 in response to Presidential reference, and such opinions have the same binding force as writ judgments under Article 32.
- True
- False
Answer: False
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.
The Supreme Court has evolved the concept of 'continuing mandamus' to monitor implementation of its directions in public interest cases over time.
- True
- False
Answer: True
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.
The principle of res judicata applies to writ petitions under Article 32, barring re-litigation of same issue between same parties.
- True
- False
Answer: True
Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.
The right to move Supreme Court under Article 32 for enforcement of Fundamental Rights is itself a Fundamental Right.
- True
- False
Answer: True
Article 32(1): 'The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.' Dr. Ambedkar: 'If I was asked to name any particular article in this Constitution as the most important... I could not refer to any other article except this one.' Makes FRs justiciable and enforceable.