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During a National Emergency under Article 352, the Union can give executive directions to States on any matter, effectively converting federal structure into unitary.
- 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 256-257 already allow Union directions; Emergency expands this. Combined with Parliament's power to legislate on State List (Article 250), federal structure temporarily becomes unitary. Restored post-Emergency.
The Finance Commission is a constitutional body constituted every 5 years to recommend distribution of tax revenues between Centre and States.
- True
- False
Answer: True
Article 280: President constitutes Finance Commission every 5 years (or earlier) comprising Chairman + 4 members. Recommendations cover: (a) tax devolution between Centre-States, (b) grants-in-aid to States, (c) augmenting State Panchayat/Municipality funds. 15th FC (2020-25) recommended 41% vertical devolution to States.
All India Services like IAS and IPS are controlled exclusively by the Union Government.
- True
- False
Answer: False
Article 312: All India Services (IAS, IPS, IFoS) are created by Parliament but serve under both Union and States. Officers are recruited/trained by Union (UPSC) but serve in State cadres under State control. Disciplinary control is shared: State initiates, but major penalties require Union consultation. Balances federal needs with national standards.
Residuary powers (subjects not mentioned in any List) are vested with the States in the Indian Constitution.
- True
- False
Answer: False
Article 248: Residuary powers are vested with Parliament (Union), not States. This includes power to make laws on any matter not enumerated in Concurrent or State List, including power to impose taxes not mentioned in either List. This gives Indian federalism a strong unitary bias, unlike USA where residuary powers rest with States.
The Right to Privacy is explicitly mentioned as a Fundamental Right in the text of the Indian Constitution.
- True
- False
Answer: False
The Right to Privacy is not explicitly mentioned in the Constitution's text. However, in the landmark Justice K.S. Puttaswamy v. Union of India case (2017), a nine-judge bench of the Supreme Court unanimously held that Right to Privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21, and thus a Fundamental Right.
The Supreme Court can review its own judgments under Article 137.
- True
- False
Answer: True
Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it, subject to provisions of any law made by Parliament or rules made under Article 145. This review jurisdiction is exercised by a bench of the same or larger strength, typically to correct patent errors or address new evidence.
The Directive Principles of State Policy were inspired by the Irish Constitution.
- True
- False
Answer: True
The Directive Principles of State Policy (Part IV) were indeed borrowed from the Irish Constitution (Bunreacht na hÉireann), which itself was influenced by Spanish constitutional principles. The Indian Constitution adapted these principles to suit India's socio-economic context and development goals.
All constitutional amendments require ratification by at least half of the State Legislatures.
- True
- False
Answer: False
Only amendments that affect federal structure or State interests (e.g., election of President, extent of executive power of Union/States, Supreme Court/High Courts, distribution of legislative powers, representation of States in Parliament, Article 368 itself) require ratification by at least half of State Legislatures. Other amendments need only special majority in Parliament.
The Parliament can make laws on a subject in the State List if the Rajya Sabha passes a resolution by a two-thirds majority declaring it expedient in the national interest.
- True
- False
Answer: True
Under Article 249, if Rajya Sabha passes a resolution by a two-thirds majority of members present and voting that it is expedient in the national interest for Parliament to legislate on a State List subject, Parliament can make laws on that subject. Such a resolution remains in force for one year but can be renewed. This provision balances federalism with national needs.
The Supreme Court of India has the power of judicial review over constitutional amendments.
- True
- False
Answer: True
Following the Kesavananda Bharati judgment (1973) and subsequent cases like Minerva Mills (1980), the Supreme Court has the power of judicial review over constitutional amendments. It can strike down amendments that violate the 'basic structure' of the Constitution, even if passed with the required majority under Article 368.
Fundamental Rights under the Indian Constitution are absolute and cannot be restricted under any circumstances.
- True
- False
Answer: False
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 Rajya Sabha is a permanent House and cannot be dissolved.
- True
- False
Answer: True
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.
During a Financial Emergency under Article 360, the President can direct reduction of salaries of all government officials including Judges of the Supreme Court and High Courts.
- True
- False
Answer: True
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 73rd and 74th Constitutional Amendment Acts provided constitutional status to Panchayati Raj Institutions and Urban Local Bodies respectively.
- True
- False
Answer: True
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.
Directive Principles of State Policy are enforceable by courts.
- True
- False
Answer: False
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).
A National Emergency under Article 352 can be proclaimed only on the written advice of the Cabinet.
- True
- False
Answer: True
After the 44th Amendment Act, 1978, the President can proclaim a National Emergency under Article 352 only after receiving a written recommendation from the Cabinet (not just the Prime Minister). This was done to prevent misuse of emergency powers as seen during 1975.
Right to Property is currently a Fundamental Right under the Indian Constitution.
- True
- False
Answer: False
Right to Property was originally a Fundamental Right under Article 31. However, the 44th Constitutional Amendment Act, 1978 removed it from Part III (Fundamental Rights) and made it a legal right under Article 300-A. It is no longer enforceable under Article 32.