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The GST Council's decision-making requires a 3/4th majority with weighted votes (Union 1/3, States 2/3), ensuring neither Centre nor States can dominate fiscal policy decisions.
- True
- False
Answer: True
Article 279A(9): GST Council decisions by 3/4th majority of weighted votes: Union Government has 1/3 vote weight, all State Governments collectively have 2/3 vote weight. This design: (a) Prevents unilateral domination by Centre or any State group, (b) Forces consensus-building on tax rates, exemptions, thresholds, (c) Exemplifies cooperative fiscal federalism. Practical challenges: Union-State disagreements on compensation, rate rationalization, compliance burden. Illustrates federalism in action: shared sovereignty requiring continuous dialogue.
Money Bills can be introduced only in the Lok Sabha and require prior recommendation of the President.
- True
- False
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.
The Comptroller and Auditor General (CAG) of India can be removed by the President on grounds of proved misbehavior.
- True
- False
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.
The Governor of a State can reserve a Bill for the consideration of the President.
- True
- False
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.
The Right to Property is currently a Legal Right under Article 300A, not a Fundamental Right.
- True
- False
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'.
The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
- True
- False
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.
The Supreme Court of India has the power of judicial review.
- True
- False
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.
Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976.
- True
- False
Answer: True
The 42nd Constitutional Amendment (1976) added Part IVA (Article 51A) containing 10 Fundamental Duties, based on the Swaran Singh Committee recommendations. One more duty was added by the 86th Amendment (2002).
The President of India can dissolve the Lok Sabha on the advice of the Prime Minister.
- True
- False
Answer: True
Under Article 85(2)(b), the President dissolves the Lok Sabha on the aid and advice of the Council of Ministers headed by the PM. This is a conventional executive power.
The Preamble is often taught as the 'identity card' of the Constitution because it concisely expresses its fundamental philosophy, making it a crucial tool for civic education.
- True
- False
Answer: True
Preamble as educational tool: (a) Concise summary: 85 words capture Constitution's soul - source of authority, political system, core values, (b) Civic education: NCERT textbooks feature Preamble prominently; schools conduct Preamble recitation to instill constitutional values, (c) Public discourse: Politicians, activists, judges cite Preamble to frame arguments, (d) Limitation: Preamble alone insufficient; understanding requires study of operative provisions, institutional design, historical context. Balance: Preamble as entry point, not substitute for constitutional literacy.
The Supreme Court's interpretation of the Preamble has evolved from viewing it as non-justiciable (Berubari, 1960) to recognizing it as part of the Constitution with interpretive and limiting functions (Kesavananda, 1973 onwards).
- True
- False
Answer: True
Preamble jurisprudence evolution: (a) Berubari Union case (1960): Preamble not part of Constitution; merely introductory, (b) Kesavananda Bharati (1973): Overruled Berubari; Preamble is part of Constitution, amendable but basic structure unamendable, interpretive aid, (c) Subsequent cases: Used Preamble to interpret FRs (privacy as part of liberty), strike down amendments violating secularism/federalism, affirm transformative vision. Illustrates living constitutionalism: judicial understanding adapts to societal needs while preserving core values.
The Supreme Court has held that the basic structure of the Constitution includes values enshrined in the Preamble, such as democracy, secularism, federalism, and judicial review.
- True
- False
Answer: True
Preamble and basic structure: (a) Kesavananda Bharati (1973): Basic structure includes supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review - many derived from Preamble values, (b) Subsequent cases: Minerva Mills (balance of FRs-DPSP), SR Bommai (federalism, secularism), Puttaswamy (privacy as part of liberty) reaffirm Preamble values as basic features, (c) Effect: Parliament cannot amend Constitution to destroy these Preamble-based values. Preamble thus provides substantive content to basic structure doctrine.
The Preamble is enforceable in courts as a standalone source of rights, meaning citizens can directly petition courts based solely on Preamble violations.
- True
- False
Answer: False
Preamble justiciability: (a) Kesavananda Bharati (1973): Preamble is part of Constitution but not enforceable by itself, (b) Role: Interpretive aid for ambiguous provisions, source of constitutional philosophy, limit on amending power (basic structure), (c) Not standalone cause of action: Citizens must invoke specific provisions (Fundamental Rights, Directive Principles) for relief; Preamble supports interpretation. Distinction: Preamble expresses values; operative provisions create enforceable rights. Ensures judicial review grounded in text, not abstract philosophy.
Indian secularism, as reflected in the Preamble, means the State maintains 'principled distance' from all religions and can intervene to reform religious practices that violate fundamental rights.
- True
- False
Answer: True
Indian secularism model: (a) Not 'wall of separation' like USA (strict non-interference), (b) 'Principled distance': State has no religion but can intervene to: (i) Abolish discriminatory practices (untouchability, triple talaq), (ii) Regulate secular aspects of religion (temple entry, management), (iii) Promote equality within religious communities, (c) Constitutional basis: Articles 25-28 (religious freedom with reasonable restrictions), Preamble (secularism added 1976). Balances religious freedom with social reform and individual rights.
Courts can use the Preamble to strike down a constitutional amendment if it violates the basic structure, even if the amendment procedure under Article 368 was followed.
- True
- False
Answer: True
Preamble and basic structure doctrine: (a) Kesavananda Bharati (1973): Preamble contains basic features (sovereignty, democracy, secularism, federalism, etc.), (b) Parliament can amend Constitution under Article 368, but cannot alter basic structure, (c) If amendment violates Preamble's core values (e.g., removing democracy, secularism), courts can strike it down despite procedural compliance. Preamble thus serves as substantive limit on amending power, not just interpretive aid.
The Preamble's guarantee of 'Liberty of thought, expression, belief, faith and worship' is operationalized primarily through Fundamental Rights in Part III of the Constitution.
- True
- False
Answer: True
Preamble liberty operationalization: (a) Thought/expression: Article 19(1)(a) - freedom of speech, (b) Belief/faith/worship: Articles 25-28 - religious freedom, (c) Assembly/association: Articles 19(1)(b)-(c), (d) Movement/residence: Articles 19(1)(d)-(e). However, liberties subject to reasonable restrictions (Articles 19(2)-(6)) for sovereignty, security, public order, morality. Preamble sets aspirational vision; Fundamental Rights provide enforceable mechanisms.
The Preamble of the Indian Constitution has been amended only once, by the 42nd Constitutional Amendment Act, 1976, which added the words 'Socialist', 'Secular', and 'Integrity'.
- True
- False
Answer: True
42nd Amendment (1976): Added three words to Preamble: (a) 'Socialist' - reflecting commitment to mixed economy and welfare state, (b) 'Secular' - State has no religion, equal respect for all faiths, (c) 'Integrity' - national unity beyond sovereignty. Original Preamble (1950) had 'Sovereign Democratic Republic'; now 'Sovereign Socialist Secular Democratic Republic'. Preamble amendment subject to basic structure limitation (Kesavananda).
The Sevottam model for service delivery excellence, developed by DARPG, is a mandatory certification that all government departments must obtain to continue operations.
- True
- False
Answer: False
Sevottam model (Service Delivery Excellence): Voluntary framework by DARPG with three modules: (a) Citizen's Charter: Commitment to service standards, (b) Public Grievance Redress: Mechanism for feedback/complaints, (c) Service Delivery Capability: Assess and improve organizational capacity. Departments can seek Sevottam certification after assessment. Not mandatory; adoption varies. Aims to promote culture of citizen-centric governance through continuous improvement, not compliance-driven certification.
The requirement of 'speaking orders' (orders containing reasons) in administrative decisions is mandated by the Constitution for all executive actions.
- True
- False
Answer: False
Speaking orders requirement (Indian position): (a) Not universally mandated by Constitution, but (b) Courts have held: (i) Quasi-judicial decisions must contain reasons (natural justice), (ii) Administrative decisions affecting rights should give reasons to enable judicial review, (iii) Statutes may expressly require reasoned orders. Benefits: Transparency, accountability, better decision-making, facilitates appeal. Trend: Increasing judicial emphasis on reasoned decisions as part of fair procedure under Article 14/21.
Several Indian States have enacted Right to Public Services legislation that legally guarantees time-bound delivery of specified government services and provides penalties for officials causing delays.
- True
- False
Answer: True
Right to Public Services Acts (State-level legislation): First enacted by Madhya Pradesh (2010); now adopted by 20+ States. Features: (a) Notify list of services with timeframes (e.g., caste certificate: 7 days, ration card: 15 days), (b) Designate responsible officers, (c) Penalty for delays (deduction from salary), (d) Appeal mechanism for citizens. Not a Central law; varies by State. Aims to reduce corruption, improve accountability in service delivery. Challenges: Limited service coverage, weak penalty enforcement, awareness gaps.