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The 91st Constitutional Amendment Act, 2003 limits the size of the Council of Ministers to what percentage of the total strength of the Lok Sabha/State Assembly?
- 10%
- 15%
- 20%
- 25%
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.
Which statement best describes the purpose of miscellaneous constitutional provisions (Articles 312, 323A/B, 330-342, 361-367, etc.)?
- Create permanent exceptions to constitutional principles
- Provide detailed procedural mechanisms, safeguards, and transitional arrangements to operationalize constitutional values
- Delegate legislative power to executive without oversight
- Limit judicial review of constitutional matters
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.
Articles 379-392 contained temporary and transitional provisions for the first Parliament, provisional President, etc., and most of these provisions ceased to have effect after the first general elections in ______.
- 1950
- 1951-52
- 1957
- 1962
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.
Under Article 368, a Constitutional Amendment Bill must be passed by each House by special majority and, if affecting federal provisions, ratified by half of State Legislatures, but the President cannot return the Bill for reconsideration.
- True
- False
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.
Article 371-I, inserted by 56th Constitutional Amendment, 1987, provides special provisions for Goa including protection of existing laws and administrative arrangements. Which unique feature does it contain?
- Reservation in jobs for locals
- Autonomous district council
- Special status for Konkani language
- Provision for size of Legislative Assembly
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.
Under Article 338, a National Commission for Scheduled Castes is constituted to investigate and monitor safeguards for SCs, and its report is laid before ______.
- President only
- Parliament only
- President and Parliament
- State Legislatures only
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.
Article 371J, providing special provisions for Hyderabad-Karnataka region of Karnataka, was inserted by a constitutional amendment that received ratification from State Legislatures.
- True
- False
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.
Under Article 116, Lok Sabha can authorize withdrawal from Consolidated Fund of India for expenditure pending completion of parliamentary procedure through which mechanism?
- Supplementary Grant
- Vote on Account
- Excess Grant
- Token Grant
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).
Under Article 393, the Union of India succeeds to all property, assets, rights, liabilities, and obligations of the ______ immediately before the commencement of the Constitution.
- British Crown
- Dominion of India
- Provincial Governments
- Princely States
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.
Orders made by President under Article 392 to remove difficulties in implementing the Constitution could not be challenged in any court of law.
- True
- False
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.
Under Article 394, which Articles of the Constitution came into force immediately on 26th November 1949 (date of adoption)?
- All Articles
- Articles relating to Citizenship, Elections, Preliminary provisions
- Only Fundamental Rights
- Only Directive Principles
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.
Article 395 repeals the ______ and the Indian Independence Act, 1947, marking the complete transition to constitutional sovereignty.
- Government of India Act, 1919
- Government of India Act, 1935
- Indian Councils Act, 1909
- Regulating Act, 1773
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.
Article 366 contains definitions of key terms used in the Constitution, such as 'Anglo-Indian', 'Article', 'Borrow', 'Clause', 'Federal Court', 'Goods and Services Tax', etc.
- True
- False
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.
Under Article 392, the President could make provisions to remove difficulties in giving effect to the Constitution during the transitional period. This power was available for how many years from commencement of Constitution?
- 1 year
- 2 years
- 3 years
- 5 years
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.
Article 371D empowers the ______ to issue orders for equitable opportunities for people of different regions of Andhra Pradesh in public employment and education.
- Supreme Court
- President
- Governor
- Parliament
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.
The forms of oaths or affirmations for various constitutional functionaries are prescribed in the Third Schedule of the Constitution.
- True
- False
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.
Under Article 101(3), if a member of Parliament is absent from all meetings of the House for a period of ______ days without permission, their seat may be declared vacant.
- 30
- 60
- 90
- 120
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.
Under Article 102(1)(e), a person is disqualified for Parliament membership if they are so disqualified by or under any law made by ______.
- President
- Parliament
- Supreme Court
- Election Commission
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.
The 97th Constitutional Amendment Act, 2011 added Article 43B for promotion of co-operative societies and Part IXB for their regulation, but the Supreme Court struck down Part IXB as it related to State co-operative societies.
- True
- False
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.
Which Article provides special provisions for Maharashtra and Gujarat regarding equitable development of Vidarbha, Marathwada, Saurashtra, and Kutch regions?
- Article 371
- Article 371A
- Article 371B
- Article 371C
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.