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Generate QuizPolity – True/False – GK Questions
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The Election Commission of India recognizes political parties as either 'National Parties' or 'State Parties' based on electoral performance criteria.
- True
- False
Answer: True
Election Symbols (Reservation and Allotment) Order, 1968: ECI recognizes parties as: (a) National Party: meets criteria in 6+ States (e.g., 6% votes + 4 LS seats in 4+ States, or 2% LS seats in 3+ States), (b) State Party: meets criteria in that State. Recognition grants benefits: reserved symbol, broadcast time, campaign advantages. Criteria revised periodically.
The Supreme Court in Kihoto Hollohan case (1992) held that the Speaker's decision under Tenth Schedule is subject to judicial review on constitutional grounds.
- True
- False
Answer: True
Kihoto Hollohan v. Zachillhu (1992): SC upheld constitutional validity of Tenth Schedule but held: (a) Speaker's decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandates, (b) Judicial intervention only after final decision by Speaker (not interim), (c) Courts can grant interim stay in exceptional cases. Balances legislative autonomy with constitutional accountability.
An independent member elected to legislature is disqualified if they join any political party after election.
- True
- False
Answer: True
Paragraph 2(2) of Tenth Schedule: Independent member (elected without party symbol) is disqualified if they join any political party after election. Rationale: Voters elected them as independent; joining party post-election betrays electoral mandate. However, they can support a party without joining it, though this may have political consequences.
Under the Tenth Schedule, a member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
- True
- False
Answer: True
Paragraph 2(1)(a) of Tenth Schedule: A member is disqualified if they voluntarily give up membership of political party on whose ticket they were elected. 'Voluntarily giving up' includes actions showing resignation from party even without formal letter (Kihoto Hollohan case). Prevents opportunistic defections for personal gain.
The GST Council is an example of cooperative federalism where both Union and States participate in decision-making on indirect taxation.
- True
- False
Answer: True
GST Council (Article 279A): Chaired by Union Finance Minister; members include Union Minister of State for Finance + State Finance Ministers. Decisions by 3/4 majority: Centre has 1/3 vote weight, States collectively 2/3. Enables consensus-based decisions on GST rates, exemptions, thresholds. Exemplifies cooperative federalism: shared sovereignty in fiscal policy for 'One Nation, One Tax'.
NITI Aayog, which replaced the Planning Commission in 2015, is a constitutional body established under Article 263.
- True
- False
Answer: False
NITI Aayog (National Institution for Transforming India): Established by executive resolution (2015), NOT constitutional body. Governing Council comprises PM + all CMs + UT Lt. Governors. Promotes cooperative federalism through policy dialogue, best practices sharing, competitive federalism rankings. Unlike Planning Commission's top-down approach, emphasizes 'Team India' with States as partners.
The Supreme Court in SR Bommai case (1994) held that the imposition of President's Rule under Article 356 is subject to judicial review and the State Legislative Assembly can be revived if the proclamation is struck down.
- True
- False
Answer: True
SR Bommai v. Union of India (1994): Landmark 9-judge bench judgment: (a) Presidential satisfaction under Article 356 subject to judicial review, (b) Proclamation can be struck down if mala fide or based on irrelevant grounds, (c) Floor test is primary method to test majority, (d) Assembly dissolution not automatic; can be revived if proclamation invalidated. Curbed arbitrary use of Article 356.
During a National Emergency under Article 352, the federal structure of the Constitution automatically converts into a unitary one without any formal amendment.
- True
- False
Answer: True
Article 353(b): During National Emergency, Union executive power extends to giving directions to any State on 'manner of exercise' of its executive power. Article 250: Parliament can legislate on State List. Combined effect: State autonomy temporarily suspended; Centre assumes unitary control. Restored post-Emergency. Designed for crisis management, not permanent centralization.
The Governor acts solely as the constitutional head of the State and has no role as an agent of the Union Government.
- True
- False
Answer: False
Governor has dual role: (a) Constitutional head of State executive (Article 153-167), (b) Agent of Union for reporting State affairs to President (Article 356). This duality can create tension: Sarkaria Commission recommended Governors act impartially, not as Union agents; appointed after consulting State CM; not removed arbitrarily. Balances federal autonomy with Union oversight.
Officers of All India Services like IAS and IPS are recruited by the Union but serve under the control of State Governments in State cadres.
- True
- False
Answer: True
Article 312: All India Services (IAS, IPS, IFoS) created by Parliament; recruited/trained by Union (UPSC); serve in State cadres under State control for day-to-day administration. Disciplinary control shared: State initiates proceedings, but major penalties require Union consultation. Balances national standards with State administrative autonomy; key feature of Indian federalism.
Under Article 249, Rajya Sabha can enable Parliament to legislate on a State List subject by passing a resolution with simple majority.
- True
- False
Answer: False
Article 249: Rajya Sabha can pass resolution by SPECIAL majority (2/3 of members present and voting) declaring it expedient in national interest that Parliament should legislate on State List subject. Resolution valid for 1 year, renewable. Enables Union legislation on State subjects without Emergency, respecting federal flexibility while ensuring national interest.
The Supreme Court can issue advisory opinions under Article 143 in response to Presidential reference, and such opinions have the same binding force as writ judgments under Article 32.
- True
- False
Answer: False
Article 143: President may refer questions of law/fact of public importance to SC for advisory opinion. However, advisory opinion is NOT binding on President or government; it's consultative. Writ judgments under Article 32 are binding and enforceable. Advisory jurisdiction complements but does not replace writ jurisdiction; serves different constitutional purposes.
The Supreme Court has evolved the concept of 'continuing mandamus' to monitor implementation of its directions in public interest cases over time.
- True
- False
Answer: True
Continuing mandamus: SC/HC keeps writ petition pending and issues periodic directions to executive agencies to ensure compliance with court orders in PIL cases (e.g., environmental protection, police reforms, prison conditions). Enables judicial monitoring of executive action without usurping executive function. Innovative tool for effective rights enforcement.
The principle of res judicata applies to writ petitions under Article 32, barring re-litigation of same issue between same parties.
- True
- False
Answer: True
Supreme Court has held (Daryao case, 1961): Res judicata applies to Article 32 petitions. If HC has decided writ petition on merits under Article 226, same petition cannot be filed in SC under Article 32 on same grounds. Exceptions: (a) Fresh grounds, (b) Change in law, (c) Continuing wrong. Balances finality of litigation with access to justice.
The right to move Supreme Court under Article 32 for enforcement of Fundamental Rights is itself a Fundamental Right.
- True
- False
Answer: True
Article 32(1): 'The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.' Dr. Ambedkar: 'If I was asked to name any particular article in this Constitution as the most important... I could not refer to any other article except this one.' Makes FRs justiciable and enforceable.
Writs under Article 32 can be issued against private individuals or bodies performing public functions.
- True
- False
Answer: True
Traditional view: Writs only against 'State' under Article 12. Expanded view (Pradeep Kumar Biswas case, 2002): Writs can issue against private bodies if: (a) Function is public in nature, (b) Body is financially/functionally controlled by State, (c) Instrumentality/agency of State. Ensures FR protection against privatized public functions.
Under traditional rule, only the person whose Fundamental Right is violated can file a writ petition under Article 32.
- True
- False
Answer: False
Traditional rule required personal injury (locus standi). However, Supreme Court relaxed this through Public Interest Litigation (PIL) in S.P. Gupta case (1981): Any public-spirited person can file petition for enforcement of rights of disadvantaged groups who cannot approach court themselves. Democratized access to justice while preventing frivolous litigation through judicial safeguards.
The writ of Prohibition is issued after a lower court has passed an order, while Certiorari is issued before the order to prevent excess of jurisdiction.
- True
- False
Answer: False
Key distinction: (a) Prohibition is PREVENTIVE - issued while proceedings are pending, before order, to prevent lower court/tribunal from exceeding jurisdiction, (b) Certiorari is CURATIVE - issued after order is passed, to quash order made without/ excess of jurisdiction. Both available under Articles 32 & 226 against judicial/quasi-judicial bodies.
Under Article 226, High Courts can issue writs only for enforcement of Fundamental Rights, similar to Supreme Court under Article 32.
- True
- False
Answer: False
Article 226: High Courts can issue writs for: (a) enforcement of Fundamental Rights (like SC under Article 32), AND (b) 'for any other purpose' (enforcement of legal rights). Thus, HC's writ jurisdiction is wider substantively (FRs + legal rights) though territorially limited to State. SC's writ jurisdiction is nationwide but limited to FRs.
Constitutional Amendments generally have prospective effect unless expressly provided otherwise, and cannot validate actions that were unconstitutional when done.
- True
- False
Answer: True
General principle: Constitutional amendments operate prospectively unless text expressly provides retrospective effect. Cannot validate actions that were unconstitutional when performed (ex post facto validation limited). However, amendments can change law for future cases and sometimes cure procedural defects. Balance between legal certainty and constitutional adaptability.