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India's Constitution incorporates asymmetric federalism by granting special provisions to certain States under Articles 370 (now abrogated) and 371 series, recognizing their unique historical, cultural, or tribal characteristics.
- True
- False
Answer: True
Asymmetric federalism: Different States have different powers/autonomy based on historical/cultural/tribal needs. Examples: (a) Article 370 (J&K, abrogated 2019), (b) Article 371 series (11 States), (c) Fifth/Sixth Schedules (tribal areas), (d) Special category status (fiscal). Enables flexible unity: accommodates diversity while maintaining constitutional framework. Unique Indian model of federalism.
September 14 is celebrated as Hindi Diwas in India because on this day in 1949, the Constituent Assembly adopted Hindi in Devanagari script as the official language of the Union.
- True
- False
Answer: True
September 14, 1949: Constituent Assembly adopted Hindi in Devanagari script as official language (later incorporated as Article 343). Celebrated as Hindi Diwas to promote Hindi while respecting linguistic diversity. Government organizes events, awards for Hindi promotion. Reflects constitutional commitment to Hindi development alongside multilingualism.
Under Articles 371C (Manipur) and 371G (Mizoram), the Governor has special responsibility to ensure proper functioning of Hill Areas Committee/Tribal Council, and can act in discretion in matters relating to tribal areas.
- True
- False
Answer: True
Article 371C (Manipur): Governor has special responsibility to ensure proper functioning of Hill Areas Committee; may act in discretion. Article 371G (Mizoram): Similar protection for tribal customary law, land, social practices. Governor's discretionary power balances State executive authority with tribal autonomy; subject to President's directions. Unique federal flexibility for tribal regions.
Under Article 348, authoritative texts of all Bills, Acts, ordinances, orders, rules, regulations, and bye-laws at Union level shall be in English.
- True
- False
Answer: True
Article 348(1)(b): Authoritative texts of Union legislation/subordinate legislation shall be in English. Article 348(3): President may authorize authoritative Hindi translation of Acts, etc., but English text remains authoritative until Parliament otherwise provides. Ensures legal certainty and uniformity in interpretation while allowing progressive use of Hindi.
The Fifth Schedule of the Constitution contains provisions for administration and control of scheduled areas and scheduled tribes in States other than Assam, Meghalaya, Tripura, and Mizoram.
- True
- False
Answer: True
Fifth Schedule: Administration of scheduled areas/tribes in States except Assam, Meghalaya, Tripura, Mizoram (covered by Sixth Schedule). Provides for: (a) Tribal Advisory Councils, (b) Governor's special powers, (c) Restrictions on land transfer, (d) Customary law protection. PESA Act, 1996 extends Panchayati Raj to Fifth Schedule areas with tribal self-governance modifications.
Article 371 contains special provisions for certain States like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
- True
- False
Answer: True
Article 371 (and clauses 371A-J): Special provisions for 11 States addressing: (a) Regional development (Maharashtra, Gujarat), (b) Tribal protection (Nagaland, Mizoram, Arunachal Pradesh), (c) Cultural autonomy (Manipur, Sikkim), (d) Administrative flexibility (Assam, Andhra Pradesh, Karnataka, Goa). Reflects Constitution's flexibility to accommodate regional diversity within unified framework.
Article 348 mandates that all proceedings in Supreme Court and High Courts shall be in English until Parliament otherwise provides by law.
- True
- False
Answer: True
Article 348(1)(a): Proceedings in SC and HCs shall be in English. Article 348(2): Governor may authorize use of Hindi/State language in HC proceedings with President's consent, but judgments/decrees/orders must be in English. Some States (e.g., UP, MP, Bihar) have authorized Hindi in subordinate courts. Balances access to justice with legal precision.
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'.
The Indian Constitution is described as 'federal with a strong unitary bias' because it contains more unitary features than federal features.
- True
- False
Answer: False
India has both federal (written Constitution, division of powers, independent judiciary, bicameralism) and unitary features (single citizenship, strong Centre, All India Services, emergency provisions, Governor's role, integrated judiciary, Parliament's power to reorganize States). 'Unitary bias' means Centre has overriding powers in crises, not that unitary features outnumber federal ones. Balance tilts to Centre for national unity in diverse post-Partition India.
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.