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Answer: Article 370 was a temporary provision and the President had power to render it inoperative
Supreme Court judgment (December 11, 2023): 5-judge Constitution Bench unanimously held: (a) Article 370 was a temporary provision facilitating J&K's integration, (b) President had power under Article 370(3) to declare it inoperative after Constituent Assembly dissolved, (c) Governor's concurrence valid during President's Rule, (d) J&K's bifurcation into UTs valid temporarily, (e) Directed restoration of Statehood and holding of Assembly elections by September 2024. Balanced constitutional interpretation with practical federal considerations.
Answer: Kesavananda Bharati
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held that Parliament can amend any part of the Constitution but cannot alter its 'basic structure' (e.g., supremacy of Constitution, judicial review, federalism).
Answer: True
Article 110 defines Money Bills. They can only be introduced in Lok Sabha with President's prior recommendation (Article 117). Rajya Sabha can only recommend changes within 14 days; Lok Sabha may accept/reject them.
Answer: Article 263
Article 263 empowers the President to establish an Inter-State Council to inquire into and advise on disputes between States, investigate subjects of common interest, and make policy recommendations.
Answer: 35
Article 58: Qualifications for President include: (a) citizen of India, (b) 35+ years age, (c) qualified for election as Lok Sabha member, (d) not holding office of profit. Similar to PM eligibility.
Answer: False
CAG can only be removed in like manner and on like grounds as a Supreme Court Judge (Article 148): by Presidential order after Parliament addresses with 2/3 majority of members present and voting, and majority of total membership.
Answer: Parliament
Article 61: President can be impeached for 'violation of the Constitution' by Parliament. Charges can be initiated in either House; requires 2/3 majority of total membership for removal.
Answer: True
Article 360 empowers the President to proclaim a Financial Emergency if satisfied that India's financial stability or credit is threatened. During such emergency, the President can issue directions for reduction of salaries of all government officials, including Supreme Court and High Court Judges. However, a Financial Emergency has never been proclaimed in India.
Answer: 42nd
The 42nd Amendment added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble. The Preamble is part of the Constitution and can be amended under Article 368, but basic structure cannot be altered (Kesavananda Bharati case).
Answer: True
Under Article 200, the Governor may reserve certain Bills (e.g., those affecting HC powers, inter-state disputes, or contrary to DPSP) for Presidential assent. The President may assent, withhold, or return the Bill.
Answer: Habeas Corpus
Habeas Corpus ('to have the body') is issued to secure release of a person illegally detained. It can be issued against public authorities and private individuals. Available under Articles 32 & 226.
Answer: 552
Article 81: Lok Sabha max strength = 530 (States) + 20 (UTs) + 2 (Anglo-Indian nominated, now abolished by 104th Amendment). Current strength is 543 elected members.
Answer: True
Originally a Fundamental Right (Article 31), the 44th Amendment Act (1978) removed it from Part III and made it a constitutional/legal right under Article 300A: 'No person shall be deprived of his property save by authority of law'.
Answer: Article 250
Article 250 allows Parliament to legislate on State List subjects during a Proclamation of Emergency (Article 352). Such laws cease to operate 6 months after Emergency ends.
Answer: Germany
Emergency provisions (Part XVIII, Articles 352-360) were borrowed from the Weimar Constitution of Germany. India has three types: National, State, and Financial Emergency.
Answer: True
Article 64 states that the Vice President is the ex-officio Chairman of Rajya Sabha. They vote only in case of a tie (casting vote), unlike the Speaker of Lok Sabha.
Answer: First Schedule
First Schedule (Articles 1 & 4) lists States, their territories, and Union Territories. It has been amended multiple times due to state reorganization (e.g., J&K reorganization, 2019).
Answer: 280
Article 280 mandates the President to constitute a Finance Commission every 5 years to recommend distribution of tax revenues between Centre and States, and grants-in-aid principles.
Answer: True
Though not explicitly mentioned, judicial review is an inherent power of the Supreme Court (Articles 13, 32, 131-136) and High Courts (Article 226) to examine constitutionality of laws and executive actions.
Answer: Presidential form of government
India follows a Parliamentary system (Westminster model), not Presidential. Key features include federalism with unitary bias, fundamental rights, DPSP, and judicial independence.