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Generate QuizPolity – True/False – GK Questions
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The Basic Structure Doctrine establishes that Parliament's amending power under Article 368 is limited, not absolute, making Indian constitutionalism a blend of parliamentary sovereignty and constitutional supremacy.
- True
- False
Answer: True
Kesavananda Bharati (1973) established: (a) Parliament has wide amending power under Article 368, (b) But cannot destroy/alter basic structure of Constitution, (c) Supreme Court is final arbiter of what constitutes basic structure. This balances: parliamentary democracy (elected representatives amend Constitution) with constitutional supremacy (core values protected from transient majorities). Unique Indian model.
The Supreme Court struck down the 99th Constitutional Amendment Act, 2014 (establishing NJAC for judicial appointments) holding that judicial independence and primacy of judiciary in appointments is part of basic structure.
- True
- False
Answer: True
Supreme Court Advocates-on-Record Association v. Union of India (2015): 4:1 majority struck down 99th Amendment and NJAC Act. Held: (a) Collegium system (judges appointing judges) is part of basic structure, (b) Executive participation in appointments threatens judicial independence, (c) Primacy of judiciary in appointments essential for separation of powers. Controversial judgment; debate on reform continues.
Some constitutional provisions can be amended by simple majority of Parliament outside Article 368 procedure, such as admission of new States or abolition of Legislative Councils.
- True
- False
Answer: True
Article 368(2) proviso: Certain provisions amendable by simple majority (not special majority): (a) Admission/formation of States (Articles 2-3), (b) Citizenship (Part II), (c) Fifth/Sixth Schedule administration, (d) Legislative Councils creation/abolition (Article 169), (e) Salaries/allowances of constitutional functionaries. These are 'constitutional but not under Article 368' amendments.
The 91st Constitutional Amendment Act, 2003 limits the size of Council of Ministers at Union and State levels to 15% of legislative house strength and bars defectors from being appointed ministers.
- True
- False
Answer: True
91st Amendment (2003): (a) Article 75(1A): Union Council max 15% of Lok Sabha strength (min 12), (b) Article 164(1A): Same limit for State Councils, (c) Article 75(1B)/164(1B): Defectors cannot be appointed ministers until re-elected or term ends. Curbs horse-trading, excessive ministerial berths, and political instability.
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 Supreme Court held in Minerva Mills case (1980) that judicial review is part of the basic structure and cannot be abrogated by constitutional amendment.
- True
- False
Answer: True
Minerva Mills Ltd. v. Union of India (1980): SC struck down parts of 42nd Amendment that sought to exclude judicial review of constitutional amendments. Held: judicial review is part of basic structure; Parliament cannot destroy it. Also held balance between Fundamental Rights (Part III) and Directive Principles (Part IV) is basic structure. Reinforced Kesavananda doctrine.
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.
Article 358 automatically suspends Article 19 freedoms during National Emergency on grounds of war or external aggression, but not during armed rebellion.
- True
- False
Answer: True
Article 358: Article 19 freedoms (speech, assembly, etc.) automatically suspended only when Emergency is proclaimed on grounds of war/external aggression (not armed rebellion). Suspension lasts for Emergency duration; laws made during suspension remain valid even after revival of Article 19. Article 359 requires Presidential order to suspend other FRs enforcement.
If Lok Sabha is dissolved during National Emergency, the Proclamation ceases to operate automatically.
- True
- False
Answer: False
Article 352(6): If Lok Sabha is dissolved during Emergency, and Rajya Sabha approves proclamation, it remains valid. But new Lok Sabha must approve it within 30 days of its first sitting; otherwise, Emergency lapses. Ensures fresh mandate from elected representatives while preventing vacuum during transitional period.
During Financial Emergency, the President can issue directions to States to reduce salaries of all government officials, including Judges of High Courts.
- True
- False
Answer: True
Article 360(3)-(4): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including High Court Judges, (c) reserve Money Bills for Presidential consideration. Note: Supreme Court Judges' salaries can also be reduced (Article 360(4)(b)), but their independence is protected by other safeguards.
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.
During National Emergency, the enforcement of all Fundamental Rights can be suspended by Presidential order under Article 359.
- True
- False
Answer: False
Article 359: President may suspend enforcement of Fundamental Rights (except Articles 20 & 21) during Emergency via order. 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' FRs can be suspended; core rights remain protected.
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.
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.
Decisions of Election Commission, UPSC, and CAG are immune from judicial review by courts.
- True
- False
Answer: False
No constitutional body is immune from judicial review. Supreme Court/High Courts can examine: (a) Procedural fairness (natural justice), (b) Jurisdictional errors, (c) Violation of fundamental rights, (d) Arbitrariness/unreasonableness. However, courts show deference to technical/expert decisions (e.g., EC's poll schedule, UPSC's exam standards) unless manifestly illegal. Balances institutional autonomy with constitutional accountability.
The advice tendered by UPSC to the government is always binding and must be accepted.
- True
- False
Answer: False
Article 320(3): UPSC's advice is not binding; government may accept/reject it. However, if government rejects advice, it must record reasons and place them before Parliament/State Legislature (Article 320(5)). This ensures transparency and accountability while preserving executive's final decision-making authority. Balances merit-based recommendations with administrative flexibility.
After ceasing to hold office, the CAG is eligible for further appointment under Union or State Government.
- True
- False
Answer: False
Article 148(4): CAG, after ceasing office, is not eligible for further appointment under Union or State Government. Similar restrictions for CEC (no post-tenure government employment) and UPSC members (limited exceptions). Prevents conflict of interest and ensures members act independently without expectation of post-tenure rewards.
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 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.