True/False – GK Questions

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.

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.

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 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).

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.

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 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 (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).

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 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.