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Answer: SR Bommai case (1994)
SR Bommai v. Union of India (1994): 9-judge bench held: (a) Presidential satisfaction under Article 356 is not absolute; subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Assembly dissolution should not be automatic, (d) Floor test is primary method to test majority. Landmark judgment curbing misuse of Article 356.
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.
Answer: Article 250
Article 250: During National Emergency, Parliament gains power to legislate on any matter in State List. Laws made cease to operate 6 months after Emergency ends (except things done/omitted before expiry). Combined with Article 353 (Union executive directions to States), federal structure temporarily becomes unitary during Emergency.
Answer: simple
Article 352(7), inserted by 44th Amendment: If Lok Sabha passes resolution disapproving Emergency by simple majority, President must revoke it. Additionally, if 1/10th of Lok Sabha members give notice to Speaker, special sitting must be held within 14 days to consider revocation. Empowers legislature to check executive Emergency power.
Answer: 1
Article 352(4): Emergency proclamation must be approved within one month by both Houses with special majority: (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. If Lok Sabha is dissolved, Rajya Sabha approves, but Lok Sabha must approve within 30 days of reconstitution. Prevents executive overreach.
Answer: They operate independently to ensure integrity, merit, accountability, and equity in governance
Constitutional bodies are designed as independent institutions to: (a) EC: Ensure free/fair elections (integrity), (b) UPSC: Ensure merit-based recruitment (merit), (c) CAG: Ensure financial accountability (accountability), (d) FC: Ensure equitable resource distribution (equity). Their independence (appointment, removal, finances) shields them from political pressure, strengthening democratic governance. They complement, not replace, elected institutions.
Answer: 2011
15th FC used 2011 census for population criterion (weight: 15%), while earlier FCs used 1971 census to avoid penalizing States that controlled population growth. Shift to 2011 data reflects demographic reality but raised concerns among high-fertility States. FC balanced this by giving weight to demographic performance (effort to control population) as separate criterion.
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.
Answer: Simultaneous elections to Lok Sabha and State Assemblies
EC has recommended simultaneous elections ('One Nation, One Election') to reduce costs, policy paralysis, and populist measures. However, it requires constitutional amendment (Articles 83, 172) and political consensus; not yet implemented. EVMs (1998), VVPAT (2013), NOTA (2013, SC judgment) were implemented based on EC recommendations/SC directions.
Answer: Comptroller and Auditor General
CAG (Duties, Powers and Conditions of Service) Act, 1971: Defines CAG's audit mandate: (a) Union/State accounts, (b) Bodies substantially financed by government funds, (c) Grants/loans to other bodies. Includes compliance, financial, and performance audits. Empowers CAG to access records, summon officials, ensuring comprehensive financial oversight.
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.
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.
Answer: both horizontal and vertical
Article 280(3): FC recommends: (a) Vertical devolution: share of Union taxes to States (e.g., 41% by 15th FC), (b) Horizontal devolution: distribution among States using criteria like population (1971/2011), area, forest cover, income distance, demographic performance. Balances equity (needier States get more) and efficiency (rewarding reforms).
Answer: Supreme Court
Article 317: UPSC member can be removed by President on grounds of: (a) insolvency, (b) engaging in paid employment outside duties, (c) infirmity of mind/body, (d) misbehaviour. For misbehaviour, President must refer matter to Supreme Court; removal only if SC upholds charges after inquiry. Ensures due process and protects members from arbitrary removal.
Answer: Supreme Court
Article 324(5): CEC can be removed only by Presidential order after Parliament passes address with special majority (majority of total membership + 2/3 present and voting) on grounds of proved misbehaviour or incapacity. Same procedure as Supreme Court Judge removal (Article 124). Other ECs can be removed only on CEC's recommendation. Ensures EC's independence from executive.
Answer: Deepen democracy through decentralization, participation, and accountability at grassroots
73rd/74th Amendments aim to: (a) Decentralize power/functions/funds to local levels, (b) Ensure inclusive participation through reservations, (c) Enhance accountability via Gram Sabha/social audit, (d) Promote participatory planning. Not about creating parallel structures but strengthening federalism's third tier. Realizing this vision requires continuous political will, capacity building, and citizen engagement.
Answer: No explicit provision; left to States
Constitution does not explicitly mandate capacity building; Article 243G/W empowers State Legislatures to endow Panchayats/Municipalities with powers/functions. Training is typically provided by State Institutes of Rural Development (SIRDs), National Institute of Rural Development (NIRD), and other agencies. Capacity gaps remain a challenge for effective decentralization.
Answer: tribal
PESA Act, 1996: Extends Part IX to Fifth Schedule areas (tribal areas in 10 States) with modifications: (a) Gram Sabha as primary unit, (b) Consultation with Gram Sabha for land acquisition, mining leases, etc., (c) Protection of tribal customs, community resources, traditional management. Empowers tribal self-governance while integrating with constitutional framework.
Answer: President's notification
Article 243L: Part IX (Panchayats) has exceptions: States <20 lakhs population, Nagaland, Meghalaya, Mizoram, hill areas of Manipur, scheduled areas (Fifth Schedule), Darjeeling Gorkha Hill Council. Article 243M: Part IXA (Municipalities) applies to UTs as President may specify by notification. Allows tailored decentralization for diverse regions.
Answer: two-thirds
Article 243ZE: Metropolitan Planning Committee (MPC) for areas with population >10 lakhs: (a) At least 2/3 members elected by elected members of Municipalities/Panchayats in proportion to population, (b) Chairperson as State law determines. Prepares draft development plan for metropolitan area, ensuring coordinated urban-rural planning.