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Generate QuizPolity – Medium Level – GK Questions
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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 44th Constitutional Amendment Act, 1978 restored many democratic safeguards diluted by the 42nd Amendment and introduced protections against misuse of Emergency powers.
- True
- False
Answer: True
44th Amendment (1978): Key reforms: (a) 'Armed rebellion' replaces 'internal disturbance' for Emergency, (b) Written Cabinet advice mandatory, (c) Articles 20-21 non-suspendable, (d) Lok Sabha can revoke Emergency by simple majority, (e) Restored judicial review powers, (f) Right to Property made legal right (Article 300A). Post-Emergency correction to strengthen democracy.
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 President can withhold assent to a Constitutional Amendment Bill passed by Parliament.
- True
- False
Answer: False
Article 368(2): President 'shall give his assent' to Constitutional Amendment Bill duly passed by Parliament (and ratified by States if required). No discretionary power to withhold assent or return for reconsideration. Ensures that once Parliament (and States) approve amendment per procedure, it becomes law without executive veto.
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.
The report of the Governor under Article 356 for imposition of President's Rule is not binding on the ______, who makes the final satisfaction.
- Prime Minister
- President
- Chief Justice
- Parliament
Answer: President
Article 356(1): President may act on Governor's report 'or otherwise'. Governor's report is important but not binding; President forms independent satisfaction based on all available material. However, SR Bommai case mandated that satisfaction must be based on objective material, not subjective opinion, and is subject to judicial review.
National Emergency under Article 352 has been proclaimed ______ times in India's history: 1962 (China war), 1971 (Indo-Pak war), and 1975 (internal disturbance).
- two
- three
- four
- five
Answer: three
National Emergency proclaimed thrice: (1) Oct 1962 - China aggression (lifted Jan 1968), (2) Dec 1971 - Indo-Pak war (lifted Mar 1977), (3) Jun 1975 - 'internal disturbance' (lifted Mar 1977). 1975 Emergency was controversial; led to 44th Amendment safeguards. State Emergency (Article 356) used over 120 times; Financial Emergency never used.
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.
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.
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.
Under Article 356, President's Rule can be imposed in a State if the President is satisfied, on receipt of report from the ______ or otherwise, that State government cannot function per Constitution.
- Chief Minister
- Governor
- Chief Justice
- Speaker
Answer: Governor
Article 356(1): President may issue Proclamation if satisfied (on Governor's report or otherwise) that State government cannot be carried on per Constitution. 'Or otherwise' allows President to act on other information, but SR Bommai case (1994) mandated objective material and judicial review to prevent arbitrary use.
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.
A Proclamation of National Emergency under Article 352 can be issued by the President only on the ______ recommendation of the Cabinet.
- oral
- written
- unanimous
- majority
Answer: written
Article 352(3), inserted by 44th Amendment (1978): President can proclaim Emergency only after receiving written recommendation of Cabinet (not just PM). This curbs arbitrary use by ensuring collective responsibility. Written record enables judicial review and parliamentary scrutiny of Emergency declaration.
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.
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.
Under Article 243K, the State Election Commission conducts elections to Panchayats and Municipalities, and the State Election Commissioner can be removed only on grounds and in manner as a Judge of ______.
- District Court
- High Court
- Supreme Court
- Administrative Tribunal
Answer: High Court
Article 243K(2): State Election Commissioner's removal conditions same as High Court Judge (Article 217): Presidential order after Parliament address with special majority. Ensures independence of State Election Commission from State executive, enabling impartial conduct of local elections. Critical for democratic decentralization at grassroots.
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 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 reports of the CAG relating to Union accounts are submitted to the ______, who causes them to be laid before Parliament.
- Prime Minister
- Finance Minister
- President
- Speaker
Answer: President
Article 151(1): CAG reports on Union accounts submitted to President, who lays them before Parliament. Article 151(2): Reports on State accounts submitted to Governor, laid before State Legislature. Public Accounts Committee (PAC) examines CAG reports to ensure executive accountability for public expenditure. Critical for legislative financial oversight.
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.