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In which case did the Supreme Court first hold that Fundamental Rights cannot be amended by Parliament?
- Shankari Prasad case (1951)
- Sajjan Singh case (1965)
- Golaknath case (1967)
- Kesavananda Bharati case (1973)
Answer: Golaknath case (1967)
Golaknath v. State of Punjab (1967): 6:5 majority held: (a) Fundamental Rights are 'transcendental and immutable', (b) Parliament cannot amend Part III, (c) Article 368 only prescribes procedure, not power. Led to 24th Amendment (1971) affirming amending power. Kesavananda (1973) later moderated: Parliament can amend FRs but not destroy basic structure.
Which of the following has NOT been explicitly recognized by Supreme Court as part of the 'Basic Structure' of the Constitution?
- Judicial review
- Federalism
- Parliamentary form of government
- Right to Property as Fundamental Right
Answer: Right to Property as Fundamental Right
Supreme Court has recognized as basic structure: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free/fair elections, parliamentary system, limited amending power, balance between FRs and DPSP, individual dignity. Right to Property was removed from FRs by 44th Amendment; now legal right under Article 300A, not basic structure.
The 86th Constitutional Amendment Act, 2002 made which right a Fundamental Right?
- Right to Information
- Right to Education
- Right to Privacy
- Right to Health
Answer: Right to Education
86th Amendment (2002): (a) Inserted Article 21A making free and compulsory education for children 6-14 years a Fundamental Right, (b) Modified Article 45 to focus on early childhood care (below 6 years), (c) Added Fundamental Duty under Article 51A(k) for parents/guardians to provide education opportunities. Operationalized by RTE Act, 2009.
The 42nd Constitutional Amendment Act, 1976 is often called the 'Mini-Constitution' because it:
- Added the most number of new Articles
- Made comprehensive changes to Preamble, Fundamental Duties, Directive Principles, and judicial powers
- Replaced the entire Constitution
- Was passed during National Emergency without debate
Answer: Made comprehensive changes to Preamble, Fundamental Duties, Directive Principles, and judicial powers
42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble; inserted Fundamental Duties (Part IVA); expanded DPSP; curtailed judicial review; gave Parliament unlimited amending power (later struck down in Minerva Mills). Enacted during 1975-77 Emergency; many provisions diluted by 43rd/44th Amendments post-Emergency.
The 'Basic Structure Doctrine' limiting Parliament's amending power was propounded by the Supreme Court in which landmark case?
- Golaknath case (1967)
- Kesavananda Bharati case (1973)
- Minerva Mills case (1980)
- Waman Rao case (1981)
Answer: Kesavananda Bharati case (1973)
Kesavananda Bharati v. State of Kerala (1973): 13-judge bench held Parliament can amend any part of Constitution but cannot alter its 'basic structure'. Basic features include: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity. Landmark judgment balancing parliamentary sovereignty with constitutional supremacy.
Under Article 368, most Constitutional Amendments require special majority in Parliament. What does 'special majority' mean?
- Simple majority of members present and voting
- Majority of total membership and 2/3 of members present and voting
- Unanimous approval of both Houses
- Approval by half of State Legislatures only
Answer: Majority of total membership and 2/3 of members present and voting
Article 368(2): Special majority = (a) majority of total membership of each House, AND (b) 2/3 of members present and voting. This ensures broad consensus for constitutional changes. Some amendments additionally require ratification by half of State Legislatures (federal provisions).
Which statement best describes the constitutional philosophy behind Emergency provisions in India?
- Enable permanent centralization of power during crises
- Balance national unity and security with federal autonomy and rights protection
- Allow executive to bypass Parliament in all matters
- Transfer all State powers to Union indefinitely
Answer: Balance national unity and security with federal autonomy and rights protection
Emergency provisions reflect constitutional balance: (a) Enable strong Union response to existential threats (war, financial collapse, State breakdown), (b) But include safeguards: written Cabinet advice, Parliamentary approval, judicial review (SR Bommai), non-suspendable rights (Articles 20-21), time limits. Designed for temporary crisis management, not permanent authoritarianism. 44th Amendment strengthened this balance post-1975 experience.
Laws made by Parliament on State List subjects during National Emergency under Article 250 cease to operate ______ after the Emergency ceases.
- immediately
- after 3 months
- after 6 months
- after 1 year
Answer: after 6 months
Article 250(2): Laws made by Parliament on State List during Emergency cease to have effect 6 months after Emergency ends, except for things done/omitted before expiry. Allows transitional period for States to resume legislative competence while preventing permanent Union encroachment on State powers post-Emergency.
Which Fundamental Right cannot be suspended even during National Emergency?
- Article 14 (Equality)
- Article 19 (Freedoms)
- Article 21 (Life and Personal Liberty)
- Article 32 (Constitutional Remedies)
Answer: Article 21 (Life and Personal Liberty)
Article 359(1A), inserted by 44th Amendment: Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction) and 21 (life & personal liberty). These core rights remain enforceable even during Emergency. Article 19 freedoms are automatically suspended during Emergency on war/external aggression grounds (Article 358).
Which of the following was NOT a safeguard introduced by the 44th Amendment Act, 1978 regarding Emergency provisions?
- Replacement of 'internal disturbance' with 'armed rebellion'
- Written Cabinet advice mandatory for proclamation
- Articles 20 and 21 made non-suspendable
- President's Rule can be imposed without Governor's report
Answer: President's Rule can be imposed without Governor's report
44th Amendment safeguards: (a) 'Armed rebellion' replaces 'internal disturbance' (Article 352), (b) Written Cabinet advice mandatory (Articles 352, 356, 360), (c) Articles 20 & 21 non-suspendable (Article 359), (d) Lok Sabha can revoke Emergency by simple majority. Option (d) is incorrect: President's Rule still requires objective material; SR Bommai case added judicial review, not 44th Amendment.
Under Article 360, Financial Emergency can be proclaimed if the President is satisfied that the financial stability or ______ of India is threatened.
- sovereignty
- credit
- territorial integrity
- parliamentary democracy
Answer: credit
Article 360(1): President may proclaim Financial Emergency if satisfied that financial stability or credit of India (or any part) is threatened. Requires written Cabinet advice (44th Amendment). Must be approved by Parliament within 2 months by simple majority. Never invoked in India, but provisions exist for extreme fiscal crises.
A Proclamation under Article 356 must be approved by both Houses of Parliament within ______ months of its issue.
- 1
- 2
- 3
- 6
Answer: 2
Article 356(3): President's Rule proclamation must be approved by both Houses within 2 months by simple majority. If approved, remains in force for 6 months; can be extended maximum up to 3 years with Parliamentary approval every 6 months. After 1 year, extensions require: (a) National Emergency in India/State, AND (b) Election Commission certification that elections cannot be held.
During National Emergency, Parliament can legislate on subjects in the State List under which Article?
- Article 249
- Article 250
- Article 252
- Article 253
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.
A Proclamation of National Emergency must be approved by both Houses of Parliament within ______ month(s) of its issue, by special majority.
- 1
- 2
- 3
- 6
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.
How many types of Emergency provisions are contained in the Indian Constitution?
- Two
- Three
- Four
- Five
Answer: Three
Part XVIII (Articles 352-360) contains three types of Emergency: (1) National Emergency under Article 352 (war, external aggression, armed rebellion), (2) State Emergency/President's Rule under Article 356 (failure of constitutional machinery in State), (3) Financial Emergency under Article 360 (threat to financial stability/credit of India).
Which statement best describes the role of constitutional bodies like EC, UPSC, CAG, and FC in Indian democracy?
- They replace elected governments in key functions
- They operate independently to ensure integrity, merit, accountability, and equity in governance
- They are subordinate to the executive for policy implementation
- They focus only on Union-level governance, not States
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.
Which of the following electoral reforms was NOT implemented based on Election Commission's recommendations?
- Electronic Voting Machines (EVMs)
- Voter Verifiable Paper Audit Trail (VVPAT)
- Noting of 'None of the Above' (NOTA) option
- Simultaneous elections to Lok Sabha and State Assemblies
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.
The Chairman of State Public Service Commission is appointed by the ______.
- Chief Minister
- Governor
- President
- Chief Justice of High Court
Answer: Governor
Article 316(1): SPSC Chairman and members appointed by Governor. However, removal conditions same as UPSC: President can remove on Supreme Court inquiry report for misbehaviour. Ensures SPSC independence from State executive while maintaining accountability. SPSC advises State government on recruitment, promotions, disciplinary matters.
Which of the following is a common feature of Election Commission, UPSC, and CAG?
- Members appointed by Prime Minister
- Expenses charged on Consolidated Fund
- Removal by simple Parliamentary majority
- Fixed tenure of 6 years
Answer: Expenses charged on Consolidated Fund
Common safeguards for independence: (a) Expenses charged on Consolidated Fund (Articles 322, 148, 324), (b) Removal only via special Parliamentary procedure (like SC Judge), (c) Fixed tenure (CEC: 6 years/65 years; UPSC: 6 years/65; CAG: 6 years/65), (d) Post-tenure restrictions on employment. These insulate constitutional bodies from executive pressure.
The Finance Commission consists of a Chairman and ______ other members, appointed by the President.
- 2
- 3
- 4
- 5
Answer: 4
Article 280(1): Finance Commission comprises Chairman + 4 members appointed by President. Qualifications: expertise in public affairs, finance, economics, administration, law. Constituted every 5 years (or earlier) to recommend: (a) tax devolution between Centre-States, (b) grants-in-aid, (c) Panchayat/Municipality fund augmentation. Key institution for fiscal federalism.