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Answer: 15%
The 91st Amendment Act, 2003 added Article 164(1A) and amended Article 75(1A) to cap the Council of Ministers at 15% of the total strength of the Lok Sabha or State Legislative Assembly. It also barred defectors from holding public office until re-elected or until the term ends.
Answer: Provide detailed procedural mechanisms, safeguards, and transitional arrangements to operationalize constitutional values
Miscellaneous provisions serve critical functions: (a) Operationalize core principles (e.g., Article 330-342 for political representation of SC/ST), (b) Create institutional mechanisms (e.g., Article 312 for AIS, Article 323A for tribunals), (c) Provide safeguards (e.g., Article 361 for immunities, Article 350B for linguistic minorities), (d) Enable transition (e.g., Article 392-395). These 'technical' provisions are essential for making constitutional ideals practically enforceable while maintaining flexibility for evolving governance needs.
Answer: 1951-52
Articles 379-392 (Part XXI, Temporary Provisions): Enabled transitional arrangements: provisional Parliament (constituent assembly members), provisional President (Rajendra Prasad), adaptation of laws, etc. Most provisions ceased after first general elections (1951-52) and first Parliament constituted (1952). Illustrates Constitution's pragmatic approach: temporary mechanisms to ensure smooth transition to full constitutional democracy.
Answer: True
Article 368(2): Constitutional Amendment Bill passed by each House by special majority (majority of total membership + 2/3 present and voting). If affecting federal provisions, ratified by half of State Legislatures. President 'shall give assent' - no discretionary power to withhold assent or return for reconsideration. Ensures that once constitutional amendment procedure completed, it becomes law without executive veto, preserving parliamentary sovereignty in constitutional matters.
Answer: Provision for size of Legislative Assembly
Article 371-I (Goa): (a) Protection of existing laws, (b) Administrative arrangements for Goa's integration, (c) Unique provision: Legislative Assembly shall consist of not less than 30 members (smaller than typical State minimum of 60 under Article 170). Recognizes Goa's small size/population while ensuring democratic representation. Illustrates Constitution's flexibility to accommodate diverse State characteristics.
Answer: President and Parliament
Article 338 (inserted by 65th Amendment, 1990; restructured by 89th Amendment, 2003): National Commission for SCs investigates/monitors safeguards, inquires into complaints, advises on planning, reports to President annually/specially. President lays reports before Parliament with action-taken memorandum. Similar provision for STs under Article 338A. Ensures institutional mechanism for marginalized communities' rights protection.
Answer: False
Article 371J was proposed via Constitution (118th Amendment) Bill, 2012 for Hyderabad-Karnataka region. However, Bill lapsed; provisions implemented via Presidential Order under existing Article 371(1) (not constitutional amendment). Since Article 371(1) doesn't affect federal structure, State ratification not required. Illustrates flexibility in addressing regional imbalances: constitutional amendment vs executive order based on subject matter.
Answer: Vote on Account
Article 116(1)(a): Vote on Account - Lok Sabha may make grant for estimated expenditure for part of financial year pending completion of budget process. Typically for 2 months (extended to election year). Enables government functioning during transitional period without violating 'no taxation without representation' principle. Distinct from Supplementary Grant (unforeseen expenditure) and Excess Grant (post-facto approval).
Answer: Dominion of India
Article 393: Union succeeds to property, assets, rights, liabilities, obligations of Dominion of India (and each Province/Corresponding Indian State) as they existed immediately before Constitution commencement. Ensures legal continuity: contracts, debts, property titles, international obligations continue uninterrupted despite constitutional transformation. Foundation for state succession principles in Indian constitutional law.
Answer: False
Article 392(2): Orders made by President under this Article shall have effect subject to provisions of Constitution and can be altered/amended by competent legislature/authority. Though Article 392 was temporary (3 years), such orders were subject to judicial review if violating constitutional provisions. Ensures executive power to remove difficulties doesn't override constitutional supremacy or fundamental rights.
Answer: Articles relating to Citizenship, Elections, Preliminary provisions
Article 394: Certain Articles came into force on 26.11.1949 (adoption date): Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379-392, 393-395. Remaining Articles (including FRs, DPSP, federal structure) came into force on 26.01.1950 (commencement date). Enabled preparatory actions (citizenship determination, election arrangements) before full constitutional implementation.
Answer: Government of India Act, 1935
Article 395: Repeals Government of India Act, 1935 and Indian Independence Act, 1947. Subject to Articles 392 (transitional provisions) and 393-394 (succession to rights/liabilities). Marks legal break from colonial framework; Constitution becomes supreme law. However, many administrative structures, legal principles from 1935 Act continue by adoption, ensuring continuity amid constitutional transformation.
Answer: True
Article 366: Interpretation clause defining 31 terms used in Constitution: Anglo-Indian, Article, Borrow, Clause, Federal Court, Goods and Services Tax, Goods and Services Tax Council, India, Existing law, etc. Ensures uniform interpretation of constitutional provisions. Definitions can be amended by Parliament via ordinary law (not constitutional amendment) unless context otherwise requires.
Answer: 3 years
Article 392 (Temporary provisions): President could make orders to remove difficulties in giving effect to Constitution during transitional period. Power available for 3 years from Constitution commencement (26.01.1950 to 25.01.1953). Enabled smooth transition from Government of India Act, 1935 to new constitutional framework. Illustrates Constitution's pragmatic approach to implementation challenges.
Answer: President
Article 371D (inserted by 32nd Amendment, 1973): President may by order provide for equitable opportunities/facilities for people of different regions of Andhra Pradesh in public employment/education. Implemented via Presidential Orders (1975) creating local cadres, reservation for locals. Continues to apply to Telangana post-bifurcation (2014). Addresses regional imbalances within States through constitutional mechanism.
Answer: True
Third Schedule: Contains forms of oaths/affirmations for: (a) Union/State Ministers, (b) Parliament/State Legislature members, (c) Judges of SC/HCs, (d) CAG, (e) Election Commissioners. Oath includes: bear true faith to Constitution, uphold sovereignty/integrity of India, faithfully discharge duties. Formalizes constitutional commitment and ethical obligations of public office holders.
Answer: 60
Article 101(3) (Parliament) and Article 190(3) (State Legislatures): If member absent from all meetings for 60 days without House permission, seat may be declared vacant. Computed excluding periods when House is adjourned for >4 consecutive days. Ensures active participation by elected representatives; prevents absenteeism while allowing genuine exemptions with permission.
Answer: Parliament
Article 102(1)(e) (Parliament) and Article 191(1)(e) (State Legislatures): Disqualification if so disqualified by or under any law made by Parliament. Representation of People Act, 1951 specifies disqualifications: (a) Conviction for certain offences, (b) Corrupt practices, (c) Government contracts, (d) Office of profit. Enables legislative flexibility to update disqualification criteria while maintaining constitutional framework.
Answer: True
97th Amendment (2011): (a) Added Article 43B (DPSP) for voluntary formation, autonomous functioning, democratic control of co-operative societies, (b) Added Part IXB for constitutional framework for co-operatives. Supreme Court in Union of India v. Rajendra N. Shah (2021) struck down Part IXB as it related to State co-operatives (required State ratification under Article 368), upheld only for UTs and multi-State co-operatives. Illustrates federal amendment procedure constraints.
Answer: Article 371
Article 371 (original): Special provisions for Maharashtra and Gujarat: (a) Governor's special responsibility for equitable development of Vidarbha, Marathwada (Maharashtra) and Saurashtra, Kutch (Gujarat), (b) Regional development boards, (c) Equitable allocation of funds. Addresses regional imbalances within States formed on linguistic basis in 1960. Model for subsequent Article 371 clauses for other States.