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Answer: propriety
Article 360(3): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including HC Judges, (c) reserve Money Bills for Presidential consideration. Never invoked in India. Designed to protect national financial stability while respecting judicial independence through other safeguards.
Answer: President
Article 3 procedure: (a) Bill introduced in Parliament only on President's recommendation, (b) President refers bill to affected State Legislature(s) for views within specified period, (c) Parliament not bound by State views. Ensures federal consultation while preserving Union's power to reorganize States for administrative efficiency, linguistic considerations, or developmental needs.
Answer: Home Minister
States Reorganisation Act, 1956 (not Constitution): Established five Zonal Councils (Northern, Central, Eastern, Western, Southern). Each comprises: CMs of member States + 2 Ministers per State + Union Home Minister (Chairman). Advisory bodies promoting: economic/social planning, border disputes resolution, inter-State transport coordination. Complements constitutional federal mechanisms.
Answer: corporation tax
Article 270: Taxes levied/collected by Union and distributed: (a) Income tax (excluding agricultural income), (b) Corporation tax. Distribution per Finance Commission recommendations (15th FC: 41% to States). Distinct from Article 268 (Union duties collected/appropriated by States) and Article 269 (Union taxes assigned to States). Complex fiscal federalism architecture.
Answer: cooperative
Article 263: President may establish Inter-State Council to: (a) inquire into and advise on disputes between States, (b) investigate subjects of common interest, (c) make policy recommendations. Established 1990; chaired by PM; members include CMs, UT Lt. Governors, Union Ministers. Institutionalizes dialogue and consensus-building in Centre-State relations.
Answer: State Legislature resolution
Article 252: Cooperative federalism mechanism: (a) Two+ States pass resolutions requesting Parliament to legislate on State List subject, (b) Parliament enacts law applicable to consenting States, (c) Other States may adopt law later by passing State Legislature resolution. Enables uniform legislation on subjects like water disputes, environmental protection while respecting State autonomy.
Answer: laches
Doctrine of laches: Equitable principle that courts may refuse relief if petitioner delays unreasonably in filing petition, causing prejudice to respondent or public interest. Not a rigid rule; courts balance: (a) Nature of right violated, (b) Reason for delay, (c) Prejudice to parties, (d) Public interest. Ensures timely enforcement while accommodating genuine hardships.
Answer: Fundamental
Key distinction: Article 32 is itself a Fundamental Right (Part III), making access to SC for FR enforcement a guaranteed right. Article 226 is a constitutional power (Part V) of High Courts, not a fundamental right. Thus, Parliament cannot curtail Article 32 by ordinary law, while Article 226 jurisdiction can be regulated by law (subject to basic structure).
Answer: locus standi
PIL evolution: S.P. Gupta v. Union of India (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. Transformed judicial role from dispute resolution to social justice delivery.
Answer: legal
Article 226(1): HC can issue writs for: (a) enforcement of Fundamental Rights (like SC), OR (b) 'for any other purpose' i.e., enforcement of legal rights (statutory/common law rights). Thus, HC's writ jurisdiction is substantively wider. However, SC's jurisdiction is nationwide while HC's is territorial. Complementary roles in rights protection.
Answer: apparent on the face of record
Certiorari grounds: (a) Lack/excess of jurisdiction, (b) Error of law apparent on face of record (not re-appreciation of evidence), (c) Violation of natural justice (audi alteram partem, nemo judex in causa sua), (d) Fraud/collusion. Issued by higher court to quash order of lower court/tribunal. Ensures judicial/quasi-judicial bodies act within legal bounds.
Answer: 20 and 21
Article 359(1A), inserted by 44th Amendment (1978): Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction: no ex post facto law, no double jeopardy, no self-incrimination) and 21 (life and personal liberty). These core rights remain enforceable even during Emergency, protecting citizens from executive excesses.
Answer: public
Quo Warranto: Issued to restrain a person from acting in a public office to which they are not entitled. Conditions: (a) Office must be public and created by Constitution/statute, (b) Person must be asserting claim to office, (c) Claim must be without legal authority. Protects public from usurpers of official positions.
Answer: illegally
Habeas Corpus: Issued to produce a detained person before court to examine legality of detention. Can be issued against public authorities AND private individuals. Available under Articles 32 & 226. Not issued if: (a) detention is lawful, (b) proceeding is for contempt of court/legislature, (c) detention by competent court. Primary safeguard against arbitrary arrest.
Answer: basic structure
Kesavananda Bharati (1973) and subsequent cases: Parliament's amending power under Article 368 is limited by basic structure doctrine. Basic structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free/fair elections, individual dignity. Ensures Constitution's core identity survives political changes.
Answer: Minister
Article 368(1): Constitutional Amendment Bill can be introduced in either House only by a Minister (government bill), not by private member. Requires prior recommendation of President only for amendments affecting federal provisions (Article 368 proviso). Ensures executive responsibility for constitutional changes while allowing either House to initiate.
Answer: 42nd
42nd Amendment (1976): Added three words to Preamble: 'Socialist' (mixed economy, welfare state), 'Secular' (equal respect for all religions, no State religion), 'Integrity' (national unity beyond sovereignty). Preamble is part of Constitution (Kesavananda case) and amendable under Article 368, but basic structure cannot be altered.
Answer: 10
103rd Amendment (2019): (a) Inserted Article 15(6) allowing State to make special provisions for EWS advancement in education, (b) Inserted Article 16(6) for EWS reservation in public employment. Provides 10% reservation for EWS among forward castes (excluding those covered under Articles 15(4), 15(5), 16(4)). Upheld by Supreme Court in Janhit Abhiyan case (2022) by 3:2 majority.
Answer: 279A
101st Amendment (2016): (a) Inserted Article 246A giving Parliament/State Legislatures concurrent power to make GST laws, (b) Inserted Article 279A for GST Council (chaired by Union FM), (c) Amended Seventh Schedule (Union List, State List, Concurrent List) to subsume multiple indirect taxes. Landmark fiscal federalism reform creating 'One Nation, One Tax'.
Answer: IX
73rd Amendment (1992): Added Part IX (Articles 243-243O) for Panchayats. 74th Amendment (1992): Added Part IXA (Articles 243P-243ZG) for Municipalities. Together institutionalized democratic decentralization: mandatory elections, reservations, State Finance Commissions, functional devolution (11th/12th Schedules). Transformed grassroots governance in India.