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During a National Emergency under Article 352, the Indian Constitution's federal structure temporarily acquires unitary features: Parliament can legislate on State List, Union executive can give directions to States, and financial relations tilt towards Centre.
- True
- False
Answer: True
Emergency federalism transformation: (a) Legislative: Article 250 empowers Parliament to legislate on State List; laws cease 6 months post-Emergency, (b) Executive: Article 353(b) allows Union to give directions to States on 'manner of exercise' of executive power, (c) Financial: Article 360 (Financial Emergency) enables Centre to direct States on financial propriety, reduce salaries, reserve Money Bills, (d) Rationale: Ensure coordinated national response to existential threats (war, external aggression, armed rebellion), (e) Safeguards: Parliamentary approval, judicial review (SR Bommai), time limits, restoration of federal normalcy post-Emergency. Illustrates Indian federalism's flexibility: unitary features for crisis management, federal structure for normal governance.
The Fifth and Sixth Schedules provide special administrative arrangements for tribal areas, with Sixth Schedule areas (Assam, Meghalaya, Tripura, Mizoram) having Autonomous District Councils with legislative, judicial, and administrative powers over local matters.
- True
- False
Answer: True
Tribal autonomy framework: (a) Fifth Schedule: Tribal areas in States except Assam, Meghalaya, Tripura, Mizoram; provides for Tribal Advisory Councils, Governor's special powers, restrictions on land transfer, (b) Sixth Schedule: Autonomous District Councils (ADCs) in Assam, Meghalaya, Tripura, Mizoram; ADCs have powers over: land, forests, agriculture, village administration, inheritance, marriage, social customs; can make laws subject to Governor/President assent, (c) Rationale: Protect tribal identity, culture, resources while integrating with State/Union framework, (d) Challenges: ADC-State jurisdiction conflicts, capacity constraints, development vs conservation balance. Illustrates asymmetric federalism: differentiated autonomy for historically marginalized regions within constitutional unity.
Unlike the United States where residuary powers rest with States, the Indian Constitution vests residuary powers (subjects not in any List) with the Union Parliament under Article 248.
- True
- False
Answer: True
Residuary powers comparison: (a) USA: 10th Amendment - powers not delegated to US nor prohibited to States reserved to States/people, (b) India: Article 248 - Parliament has exclusive power to make laws on residuary subjects; includes power to impose residuary taxes. Rationale: Constituent Assembly prioritized national unity and coordinated development in diverse, post-Partition India; strong Centre to prevent fragmentation. Criticism: Can enable Centre to encroach on State domain by claiming residuary character. Illustrates Indian federalism's unitary bias: flexibility for national integration while preserving defined State autonomy.
All India Services (IAS, IPS, IFoS) officers are recruited by the Union (UPSC) but serve in State cadres under State control, with disciplinary matters requiring consultation between State and Union governments.
- True
- False
Answer: True
All India Services federal design (Article 312): (a) Recruitment/training: Union (UPSC, LBSNAA), (b) Cadre allocation: Officers serve in State cadres, under State government for day-to-day administration, (c) Disciplinary control: State initiates proceedings, but major penalties (dismissal, removal) require consultation with Union Government (DoPT), (d) Rationale: Balances national standards (uniform recruitment, training) with State autonomy (local administration), enables officer mobility across States/Union. Illustrates asymmetric federalism: shared control over key administrative personnel to maintain national integration while respecting State executive domain.
The Seventh Schedule's three Lists (Union, State, Concurrent) allow Parliament to legislate on State List subjects during a National Emergency under Article 250, temporarily converting India's federal structure into a unitary one.
- True
- False
Answer: True
Federalism flexibility during crisis: (a) Normal times: Parliament legislates on Union List (97 subjects), States on State List (61 subjects), both on Concurrent List (52 subjects; Union law prevails in conflict), (b) National Emergency (Article 352): Article 250 empowers Parliament to legislate on any State List subject; laws cease to operate 6 months after Emergency ends, (c) Article 353: Union executive can give directions to States on 'manner of exercise' of executive power. Designed for crisis management: temporary unitary features to ensure national response, restored to federal normalcy post-crisis.
Unlike the Planning Commission which allocated funds to States, NITI Aayog functions as a think tank and platform for cooperative federalism without direct fund allocation powers.
- True
- False
Answer: True
NITI Aayog (2015) vs Planning Commission (1950-2014): (a) Planning Commission: Constitutional extra-body, allocated Plan funds to States via Central assistance, top-down planning, (b) NITI Aayog: Executive resolution-based body, no fund allocation power, functions as: (i) Policy think tank, (ii) Platform for Centre-State dialogue (Governing Council: PM+all CMs), (iii) Competitive federalism rankings (Health Index, SDG Index), (iv) Innovation labs. Shift reflects evolution from directive to facilitative federalism; effectiveness depends on persuasion, not financial leverage.
The GST Council's decision-making requires a 3/4th majority with weighted votes (Union 1/3, States 2/3), ensuring neither Centre nor States can dominate fiscal policy decisions.
- True
- False
Answer: True
Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: Union Government has 1/3 vote weight, all State Governments collectively have 2/3 vote weight. This design: (a) Prevents unilateral domination by Centre or any State group, (b) Forces consensus-building on tax rates, exemptions, thresholds, (c) Exemplifies cooperative fiscal federalism. Practical challenges: Union-State disagreements on compensation, rate rationalization, compliance burden. Illustrates federalism in action: shared sovereignty requiring continuous dialogue.
Money Bills can be introduced only in the Lok Sabha and require prior recommendation of the President.
- True
- False
Answer: True
Article 110 defines Money Bills. They can only be introduced in Lok Sabha with President's prior recommendation (Article 117). Rajya Sabha can only recommend changes within 14 days; Lok Sabha may accept/reject them.
The Comptroller and Auditor General (CAG) of India can be removed by the President on grounds of proved misbehavior.
- True
- False
Answer: False
CAG can only be removed in like manner and on like grounds as a Supreme Court Judge (Article 148): by Presidential order after Parliament addresses with 2/3 majority of members present and voting, and majority of total 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 Governor of a State can reserve a Bill for the consideration of the President.
- True
- False
Answer: True
Under Article 200, the Governor may reserve certain Bills (e.g., those affecting HC powers, inter-state disputes, or contrary to DPSP) for Presidential assent. The President may assent, withhold, or return the Bill.
The Right to Property is currently a Legal Right under Article 300A, not a Fundamental Right.
- True
- False
Answer: True
Originally a Fundamental Right (Article 31), the 44th Amendment Act (1978) removed it from Part III and made it a constitutional/legal right under Article 300A: 'No person shall be deprived of his property save by authority of law'.
The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
- True
- False
Answer: True
Article 64 states that the Vice President is the ex-officio Chairman of Rajya Sabha. They vote only in case of a tie (casting vote), unlike the Speaker of Lok Sabha.
The Supreme Court of India has the power of judicial review.
- True
- False
Answer: True
Though not explicitly mentioned, judicial review is an inherent power of the Supreme Court (Articles 13, 32, 131-136) and High Courts (Article 226) to examine constitutionality of laws and executive actions.
Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976.
- True
- False
Answer: True
The 42nd Constitutional Amendment (1976) added Part IVA (Article 51A) containing 10 Fundamental Duties, based on the Swaran Singh Committee recommendations. One more duty was added by the 86th Amendment (2002).
The President of India can dissolve the Lok Sabha on the advice of the Prime Minister.
- True
- False
Answer: True
Under Article 85(2)(b), the President dissolves the Lok Sabha on the aid and advice of the Council of Ministers headed by the PM. This is a conventional executive power.
The Preamble is often taught as the 'identity card' of the Constitution because it concisely expresses its fundamental philosophy, making it a crucial tool for civic education.
- True
- False
Answer: True
Preamble as educational tool: (a) Concise summary: 85 words capture Constitution's soul - source of authority, political system, core values, (b) Civic education: NCERT textbooks feature Preamble prominently; schools conduct Preamble recitation to instill constitutional values, (c) Public discourse: Politicians, activists, judges cite Preamble to frame arguments, (d) Limitation: Preamble alone insufficient; understanding requires study of operative provisions, institutional design, historical context. Balance: Preamble as entry point, not substitute for constitutional literacy.
The Supreme Court's interpretation of the Preamble has evolved from viewing it as non-justiciable (Berubari, 1960) to recognizing it as part of the Constitution with interpretive and limiting functions (Kesavananda, 1973 onwards).
- True
- False
Answer: True
Preamble jurisprudence evolution: (a) Berubari Union case (1960): Preamble not part of Constitution; merely introductory, (b) Kesavananda Bharati (1973): Overruled Berubari; Preamble is part of Constitution, amendable but basic structure unamendable, interpretive aid, (c) Subsequent cases: Used Preamble to interpret FRs (privacy as part of liberty), strike down amendments violating secularism/federalism, affirm transformative vision. Illustrates living constitutionalism: judicial understanding adapts to societal needs while preserving core values.
The Supreme Court has held that the basic structure of the Constitution includes values enshrined in the Preamble, such as democracy, secularism, federalism, and judicial review.
- True
- False
Answer: True
Preamble and basic structure: (a) Kesavananda Bharati (1973): Basic structure includes supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review - many derived from Preamble values, (b) Subsequent cases: Minerva Mills (balance of FRs-DPSP), SR Bommai (federalism, secularism), Puttaswamy (privacy as part of liberty) reaffirm Preamble values as basic features, (c) Effect: Parliament cannot amend Constitution to destroy these Preamble-based values. Preamble thus provides substantive content to basic structure doctrine.
The Preamble is enforceable in courts as a standalone source of rights, meaning citizens can directly petition courts based solely on Preamble violations.
- True
- False
Answer: False
Preamble justiciability: (a) Kesavananda Bharati (1973): Preamble is part of Constitution but not enforceable by itself, (b) Role: Interpretive aid for ambiguous provisions, source of constitutional philosophy, limit on amending power (basic structure), (c) Not standalone cause of action: Citizens must invoke specific provisions (Fundamental Rights, Directive Principles) for relief; Preamble supports interpretation. Distinction: Preamble expresses values; operative provisions create enforceable rights. Ensures judicial review grounded in text, not abstract philosophy.