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A Proclamation of Financial Emergency under Article 360 must be approved by both Houses of Parliament within 2 months by special majority.
- True
- False
Answer: False
Article 360(2)(a): Financial Emergency proclamation must be approved by both Houses within 2 months, but by simple majority (not special majority like National Emergency). If approved, remains in force indefinitely unless revoked. Simpler approval reflects that Financial Emergency is economic measure, not political crisis requiring supermajority consensus.
Article 358 automatically suspends Article 19 freedoms during National Emergency on grounds of war or external aggression, but not during armed rebellion.
- True
- False
Answer: True
Article 358: Article 19 freedoms (speech, assembly, etc.) automatically suspended only when Emergency is proclaimed on grounds of war/external aggression (not armed rebellion). Suspension lasts for Emergency duration; laws made during suspension remain valid even after revival of Article 19. Article 359 requires Presidential order to suspend other FRs enforcement.
If Lok Sabha is dissolved during National Emergency, the Proclamation ceases to operate automatically.
- True
- False
Answer: False
Article 352(6): If Lok Sabha is dissolved during Emergency, and Rajya Sabha approves proclamation, it remains valid. But new Lok Sabha must approve it within 30 days of its first sitting; otherwise, Emergency lapses. Ensures fresh mandate from elected representatives while preventing vacuum during transitional period.
During Financial Emergency, the President can issue directions to States to reduce salaries of all government officials, including Judges of High Courts.
- True
- False
Answer: True
Article 360(3)-(4): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including High Court Judges, (c) reserve Money Bills for Presidential consideration. Note: Supreme Court Judges' salaries can also be reduced (Article 360(4)(b)), but their independence is protected by other safeguards.
During President's Rule, the State Legislative Assembly is automatically dissolved.
- True
- False
Answer: False
Article 356(1)(a): President may assume State executive functions and declare that State Legislature powers shall be exercisable by Parliament. Assembly may be: (a) suspended (not dissolved), allowing revival if President's Rule revoked, or (b) dissolved, requiring fresh elections. SR Bommai case held that dissolution should not be automatic; Assembly can be revived if Proclamation struck down by court.
During National Emergency, the enforcement of all Fundamental Rights can be suspended by Presidential order under Article 359.
- True
- False
Answer: False
Article 359: President may suspend enforcement of Fundamental Rights (except Articles 20 & 21) during Emergency via order. 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' FRs can be suspended; core rights remain protected.
Once approved by Parliament, a National Emergency remains in force indefinitely unless revoked by the President.
- True
- False
Answer: False
Article 352(5): Emergency approved by Parliament remains in force for 6 months from date of approval. Can be extended indefinitely by Parliamentary approval every 6 months (special majority each time). 44th Amendment ensured periodic legislative review, preventing indefinite Emergency without fresh mandate.
The 44th Constitutional Amendment Act, 1978 replaced the ground of 'internal disturbance' with 'armed rebellion' for proclaiming National Emergency.
- True
- False
Answer: True
Original Article 352 allowed Emergency on grounds of 'war, external aggression, or internal disturbance'. 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' to prevent misuse (as during 1975 Emergency). Now, mere internal unrest cannot justify National Emergency; must be armed rebellion of significant scale.
Decisions of Election Commission, UPSC, and CAG are immune from judicial review by courts.
- True
- False
Answer: False
No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.
The advice tendered by UPSC to the government is always binding and must be accepted.
- True
- False
Answer: False
Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.
After ceasing to hold office, the CAG is eligible for further appointment under Union or State Government.
- True
- False
Answer: False
Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.
The recommendations of the Finance Commission are binding on the Union and State Governments.
- True
- False
Answer: False
Article 280(3): Finance Commission recommendations are advisory, not binding. However, by convention and political consensus, most recommendations are accepted. President lays FC report before Parliament with action-taken report. States often lobby for favorable devolution. FC's moral authority and technical expertise ensure significant influence on fiscal policy.
The CAG audits only the expenditures of the Union Government and not those of State Governments.
- True
- False
Answer: False
Article 149: CAG audits: (a) Union Government accounts, (b) State Government accounts, (c) Bodies substantially financed by Union/State funds (as Parliament/State Legislature may prescribe). CAG reports on Union accounts submitted to President (laid before Parliament); on State accounts to Governor (laid before State Legislature). Ensures financial accountability at all levels.
The expenses of UPSC, including salaries and pensions of members, are charged on the Consolidated Fund of India.
- True
- False
Answer: True
Article 322: UPSC expenses charged on Consolidated Fund of India (not subject to annual parliamentary vote). Similar provision for State PSCs (Article 322). Financial insulation protects UPSC from executive pressure, ensuring impartial conduct of recruitment and advisory functions. Critical for merit-based civil services.
The Model Code of Conduct for political parties and candidates is a statutory provision enforceable by courts.
- True
- False
Answer: False
MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.
The Chief Election Commissioner and Election Commissioners are appointed by the President on the advice of the Prime Minister.
- True
- False
Answer: False
Article 324(2): President appoints CEC and ECs. Conventionally, appointments made based on recommendations of selection committee. 2023 Supreme Court judgment (Anoop Baranwal case) mandated selection committee: PM + Leader of Opposition + CJI. Parliament can make alternative law; as of 2024, new law under consideration. Aims to depoliticize appointments.
Studies show that reservation for women in Panchayats has led to increased investment in public goods like water, roads, and education, reflecting women's policy priorities.
- True
- False
Answer: True
Research (e.g., Chattopadhyay & Duflo, 2004) indicates women leaders in Panchayats prioritize public goods aligned with women's needs: drinking water, sanitation, education, health. Reservation has also increased women's political participation beyond quotas, challenged gender stereotypes, and empowered women at grassroots. Demonstrates transformative potential of inclusive decentralization.
The 73rd and 74th Amendments have successfully ensured regular elections, reservation implementation, and financial devolution to local bodies across all States.
- True
- False
Answer: False
While 73rd/74th Amendments institutionalized local self-government, implementation gaps persist: (a) Irregular elections in some States, (b) Inadequate devolution of functions/funds/functionaries (3 Fs), (c) Limited capacity building, (d) Political interference in State Election Commissions. Second Administrative Reforms Commission (2007) highlighted need for genuine empowerment. Progress is uneven but significant.
Accounts of Panchayats and Municipalities are audited by the Comptroller and Auditor General of India directly.
- True
- False
Answer: False
Article 243J: State Legislature may make provisions for maintenance/audit of Panchayat/Municipality accounts. CAG audits only if State law so provides. Most States have local fund audit departments. CAG's role is limited to grants/loans from Consolidated Fund. Ensures accountability while respecting State autonomy over local bodies.
Article 243ZD mandates constitution of District Planning Committee to consolidate plans from Panchayats and Municipalities and prepare draft development plan for district.
- True
- False
Answer: True
Article 243ZD: District Planning Committee (DPC) in every district: (a) 4/5 members elected by Panchayat/Municipality members from amongst themselves, (b) Chairperson as State law determines. Consolidates rural and urban plans, prepares draft district development plan. Promotes integrated spatial and sectoral planning at district level.