Polity Flashcards
1
Q
Which Fundamental Rights are available only to citizens and not to foreigners?
A
- Article 15 (Protection against discrimination)
- Article 16 (Equality of opportunity in public employment)
- Article 19 (Freedom of speech, etc.)
- Article 29 & 30 (Cultural & educational rights of minorities)
2
Q
What are the Fundamental Duties enshrined in the Indian Constitution?
A
11 Fundamental Duties under Article 51A, added by the 42nd Amendment Act, 1976.
Examples:
Respect the Constitution & National Flag
Promote harmony & brotherhood
Protect the environment
3
Q
Which Constitutional Amendment lowered the voting age from 21 to 18?
A
61st Constitutional Amendment Act, 1988 - Rajiv Gandhi
4
Q
Which amendment made the Right to Education a Fundamental Right?
A
86th Constitutional Amendment Act, 2002 added Article 21A, making education a fundamental right for children aged 6–14.
5
Q
What was the significance of the 73rd and 74th Amendments?
A
73rd Amendment (1992): Gave constitutional status to Panchayati Raj Institutions (PRIs).
74th Amendment (1992): Empowered Urban Local Bodies (Municipalities).
6
Q
Which amendment curtailed the power of judicial review and introduced the Ninth Schedule?
A
1st Constitutional Amendment Act, 1951
7
Q
What is a Motion of No Confidence?
A
No Confidence Motion is moved in the Lok Sabha under Rule 198. If passed, it leads to the resignation of the government.
8
Q
What is the process of passing a Money Bill?
A
- Introduced only in Lok Sabha (on the recommendation of the President).
- Rajya Sabha has only 14 days to return it with recommendations.
- Lok Sabha may accept or reject the recommendations.
- President must give assent (no veto allowed).
9
Q
What are the three types of emergencies under the Indian Constitution?
A
- National Emergency (Article 352) – Declared due to war, external aggression, or armed rebellion.
- State Emergency / President’s Rule (Article 356) – When constitutional machinery fails in a state.
- Financial Emergency (Article 360) – When India’s financial stability is threatened.
10
Q
What are the THREE major changes brought by the 44th Amendment (1978) to Emergency Provisions?
A
- Internal disturbance was replaced by armed rebellion as a reason for declaring a National Emergency.
- Emergency proclamation must be approved by both Houses of Parliament within one month.
- Fundamental Rights under Article 20 and 21 cannot be suspended even during an Emergency.
11
Q
Three types of Directive Principles of State Policy (DPSPs)?
A
- Socialistic Principles – Ex: Equal pay for equal work (Article 39).
- Gandhian Principles – Ex: Promotion of cottage industries (Article 43).
- Liberal-Intellectual Principles – Ex: Separation of judiciary from executive (Article 50).
12
Q
Which Amendment Act gave DPSPs precedence over Fundamental Rights in some cases?
A
42nd Amendment Act, 1976 made DPSPs enforceable over Fundamental Rights in case of a conflict, except for Articles 14, 19, and 21
13
Q
What is the role of the Election Commission of India (ECI)? (3)
A
- Conducts elections for Parliament, State Legislatures, President, and Vice-President.
- Regulates political parties and election expenditure.
- Acts under Article 324.
14
Q
Who appoints the Chief Election Commissioner (CEC), and what is their tenure?
A
President of India appoints the CEC for a 6-year term or until 65 years
15
Q
What is the function of the Comptroller and Auditor General (CAG)?
A
- Audits government receipts and expenditures.
- Ensures financial accountability.
- Functions under Article 148.
16
Q
Three types of Centre-State relations?
A
- Legislative Relations (Article 245-255) – Distribution of powers via Union, State, and Concurrent Lists.
- Administrative Relations (Article 256-263) – Union can give directions to States.
- Financial Relations (Article 268-293) – Distribution of taxes, grants, and financial control mechanisms.
17
Q
What is Article 356, and why is it controversial?
A
Article 356 allows the President to impose President’s Rule in a state if the constitutional machinery fails.
It has been criticized for its misuse by the central government to dismiss state governments.
18
Q
What is the Interstate Council, and what is its role?
A
- Established under Article 263.
- Resolves disputes between States and Centre.
- Recommends policy changes.
19
Q
Describe the FOUR key features of the 42nd Amendment of 1976
A
- Known as the ‘Mini Constitution’.
- Added words ‘Socialist, Secular, Integrity’ in the Preamble.
- Made DPSPs superior to Fundamental Rights in some cases.
- Weakened judicial review.
20
Q
What is the 1st Amendment Act of 1951 known for?
A
Added the 9th Schedule (to protect land reform laws from judicial review), placed restrictions on freedom of speech (reasonable restrictions).
21
Q
What is Babulal v. State of Bombay?
A
Not necessary for the President to make a reference to the state every time an amendment to the bill is introduced in the Parliament for the formation of a new state under Art.3
22
Q
What is the Radcliffe Award (1947)?
A
Demarcartion of territories between India and Bangladesh
23
Q
What were the Dhar Commission and JVP Commission (1948)?
A
The commissions that rejected the reorganization of states on Linguistic basis
24
Q
Scope of operation of Fundamental Rights are limited under which Article?
A
- Art. 31-A: Saving of laws providing for acquisition of estates
- Art. 31-B: Validation of laws enacted under 9th Schedule
- Art. 31-C: Saving laws that give effect to DPSPs
25
"Judicial Review" found in which Articles?
Art. 13 - Laws inconsistent with Fundamental Rights are void
Art. 32 and 226
26
Differentiate between "**Equality before Law**" and "**Equal Protection of Laws**"
* Equality before Law: Negative concept - Absence of special privileges; No person above the law
* Equal Protection of the Law: Positive Concept - Equal treatment under equal circumstances; like to be treated alike.
27
Lok Sabha's legislative powers
1. Power to make laws on Union and Concurrent list,
2. Power to legislate on State list in case of National Emergency, President's Rule, Rajya Sabha Resolution (Art. 249) and Agreement between States (Art. 252)
28
What are the Financial powers of the Lok Sabha?
* Power to pass Budget and Money Bills
* Power to control expenditure via the Public Accounts Committe, COPU and Estimates Committee
29
What are the Executive functions of the Lok Sabha?
1. Power to pass the No-Confidence Motion
2. Power to question minsters and demand accountability
30
What are the Constitutional Functions of the Lok Sabha?
Power to amend the constitution under Art. 368
31
What is the process for the passage of an **Ordinary Bill** in the Parliament?
* First Reading – Introduction
* Second Reading – Detailed discussion, clause-wise consideration
* Third Reading – Voting on final draft
* Other House – Same procedure
* President’s Assent
32
What is the procedure for the passage of a Financial Bill?
Goes through the regular bill process, both Houses equal
33
What are the SIX main powers and responsibilities of the Speaker of LS?
1. Elected by the members of LS
2. Decides on Money Bills (Art. 110)
3. Maintains order in the House
4. Has a casting vote in case of a tie
5. Refers bills to committees
6. Decides on Anti-Defection under Tenth Schedule
34
What are the FIVE main powers and limitations of the Chairman of RS?
1. Acts as the Ex-officio presiding officer
2. Maintains order in Rajya Sabha
3. Does not have casting vote
4. Cannot decide on Money Bill status
5. Does not decide on Anti-Defection cases
35
What is a Joint Sitting of the Parliament? When is it necessary?
* Called under **Art. 108** by the **President on Speaker’s request**
* Used to resolve **deadlock on Ordinary Bills** (not on Money/Amendment Bills)
* Presided over by **Speaker** of Lok Sabha
36
Differentiate between Adjournment, Prorogation and Dissolution of LS
1. **Adjournment**: short recess by the **Presiding officer** to end a **sitting** (not a session)
2. **Prorogation**: Ends a **session** of Parliament; done by the **President** on advice of Council of Ministers
3. **Dissolution**: Only applicable to **LS**; Ends the **life of the House**; fresh elections are held; Done by **President on advice of PM**
37
What is a Money Bill? Where is it defined?
* **Art.110**: A bill is a Money Bill if it contains **only** provisions related to taxation, borrowing, expenditure, or receipt of money by the government
* Certified by Speaker of the Lok Sabha
38
What is a Financial Bill under Art.117? What are the two types?
* Bills dealing with matters in the Union List that relate to **finance, taxation, and expenditure** but are not classified as Money Bills under Article 110
1. Financial Bill **Type I** **(Article 117(1))**:
- Contains matters specified in Article 110 (Money Bill) **plus** other matters
- Can be introduced **ONLY in Lok Sabha**
- Requires **President's recommendation** before introduction
- Treated like an ordinary Bill after introduction (i.e., **Rajya Sabha can amend** or reject it)
2. Financial Bill **Type II (Article 117(3)**):
- Deals with expenditure from the **Consolidated Fund of India**, but does not contain Article 110 matters
- Can be introduced in **either House**
- Requires President’s recommendation only if it involves expenditure from the Consolidated Fund of India
- Treated as an **ordinary Bill**
39
What happens if a Bill includes both Money Bill provisions and other non-Money Bill provisions?
It becomes a Financial Bill Type I under Article 117(1), not a Money Bill, and is treated as an ordinary Bill after introduction — i.e., both Houses can discuss, amend, or reject it.
40
THREE international sources for Indian Constitution
UK (Parliamentary system),
US (Fundamental Rights, Judicial Review), Ireland (DPSPs)
41
Memory Aid for remembering Fundamental Rights?
Every Friend Enjoys & Respects Constitutional Rights (**EFERCR**)
Equality (14-18), Freedom(19-22), Exploitation (23-24), Religion (25-28), Cultural (29-30), Remedies (32)
42
What is the "First-Past-The-Post System" of elections?
Candidate with the highest votes wins, even without absolute majority
43
FIVE types of SC Writs under Article 32?
1. Habeas Corpus: protects against illegal detention
2. Quo-Warranto: Questions the legal authority of a public office holder
3. Mandamus: issued by higher judicial authority to lower judicial authority/tribunal/public authority to perform a public duty
4. Prohibition: Stops a lower court from exceeding its jurisdiction
5. Certiorari: Higher court quashes the order of a lower court/quasi-judicial body
44
SR Bommai v. UOI
Presidential Proclamation under **Article 356** must be exercised with caution, consistent with the recommendations of the **Sarkaria Commission**
45
Minerva Mills v. UOI (1980)
Parliament can amend Constituion under A. 368
Fundamental Duties cannot supersede Fundamental Rights
46
What is the "Mandal Commission" Case?
* aka Indra Sawhney v. UOI
* Article **16(4)** Reservations
* **Mandal Commission** - appointed to investigate the conditions of socially and economically backward classes. Recommended 27% reservation for OBC
* Indra Sawhney upheld 27% reservation for OBC, and the principle that SC+ST+OBC must not exceed 50%. Struck down addl 10% for economcally backward classes.
47
Which case overruled the judgement in AK Gopalan v. State of Madras?
* Gopalan claimed that Art. 21 was only a protection against arbitrary executive action and not arbitrary **LEGISLATIVE** action
* **MANEKA GANDHI v. UOI**- overruled Gopalan: Right to Life and Liberty can only be deprived by a **REASONABLE, FAIR AND JUST LAW**
48
Which committee made recommendations about Fundamental Duties?
Swaran Singh committee
49
Which country inspired India's Fundamental Duties?
Soviet Union
50
What are the FIVE main **Executive** Powers of the **President**?
1. **Appointments** (**Article 75**): Prime Minister, Attorney General, the Comptroller and Auditor General, State Governors, etc.
2. **Authentication** of Official Documents (**Article 77**)
3. Request for **Information (Article 78)** from the Prime Minister and other ministers.
4. **Union Territory** Administration (**Article 239**)
5. Declaration of **Scheduled and Tribal Areas** (**Article 244**)
51
What are the EIGHT **Legislative** powers of the **President**?
1. **Summoning and Proroguing** Parliament and Joint Sitting of both Houses
2. **Nomination to Rajya Sabha (Article 80)**: 12 members with special expertise
3. Sending **Messages to Parliament (Article 86)**
4. **Addressing Parliament (Article 87)**: at the commencement of the first session after each general election and the first session of each year.
5. **Appointment of Presiding Officer (Article 93)** when both the Speaker and Deputy Speaker’s offices are vacant.
6. **Disqualification** of Members (**Article 103**) in consultation with the Election Commission.
7. Recommendation to introduce **financial bills** (**Article 117**)
8. Promulgating **Ordinances (Article 123)** when Parliament is not in session.
52
FIVE **Financial** Powers of the **President**
1. **Money Bills (Article 110)**
2. Union **Budget** Submission (**Article 110**) to the Parliament
3. Recommendation for Demand for **Grants (Article 113)**
4. **Contingency Fund Advances (Article 267)** to meet unforeseen expenditures.
5. Constitution of the **Finance Commission (Article 280)** every five years to recommend the distribution of revenues between the Centre and the states.
53
THREE **Judicial** Powers of the **President**
1. **Appoints** the Chief Justice and other judges of the Supreme Court and High Courts.
2. Consultation with the **Supreme Court (Article 143)** on legal or factual matters, though the advice is non-binding.
3. **Clemency Powers (Article 72)**
54
TWO main **Diplomatic** Powers of the **President**
* Negotiating and Concluding **Treaties (Article 253)**
* **Diplomatic** Representation
55
TWO Military Powers of President
* **Supreme Commander** of Armed Forces - **Article 53(2)**
* Declaration of War and Peace
56
What are the THREE types of VETO Powers of the President?
* **Absolute veto**: Give or withhold assent.
* **Suspensive veto**: Return the bill for reconsideration (only if it is not a Money Bill)
* **Pocket veto**: taking no action on the bill passed by the legislature.
57
On which bills does the President NOT have a veto power?
For Constitutional Amendment Bills under Article 368 - according to the 24th Amendment Act (1971), President can ONLY assent.
58
What principles did *Kehar Singh v. UOI* set out?
Principles of **Presidential Pardon**:
1. Convict has **no right to oral hearing**
2. President is **not bound** by the Courts' decisions
3. Power of Pardon is **not** subject to **Judicial review** unless it is exercised arbitrarily, shows mala fide intentions or discrmination.
59
What are the SIX types of powers of the PRIME MINISTER under **Art. 75** of the Constitution?
1. **Executive**: head of the **Union Council of Ministers**. presides over **cabinet meetings** and coordinates the activities of the various ministries and departments.
2. **Legislative: ** member of the LS or RS; advises the President
3. **Diplomatic**: represents India, receives foreign diplomats.
4. **Emergency**: advises the President
5. **Appointments** to **higher judiciary** and key administrative posts such as the **Governors, the Chief Election Commissioner, the Comptroller and Auditor General of India, and the Attorney General of India**
6. **Financial**: overall economic and financial management of the country
60
Which organizations does the PM head?
NITI Ayog,
National Integration Council,
Inter-State Council,
National Water Resources Council
61
What are the EIGHT Cabinet Committees?
1. **Appointments** Committee of the Cabinet.
2. Cabinet Committee on **Economic Affairs**.
3. Cabinet Committee on **Political Affairs** (aka the Super Cabinet).
4. Cabinet Committee on **Investment and Growth**.
5. Cabinet Committee on **Security**.
6. Cabinet Committee on **Parliamentary Affairs**.
7. Cabinet Committee on **Employment & Skill Development**.
8. Cabinet Committee on **Accommodation**.
62
How many Committees are headed by the PM?
All except Accommodation committee (Home Minister) and Committee on Parliamentary Affairs (Defense Minister)
63
How are Cabinet committees constituted?
* **3-8 members** - usually only **Cabinet Ministers**
* If the PM is a committee member, they will be the **head**.
* They are **extra constitutional** (no direct provision, only **Art 77(3)** allowing PM to make rules for efficient transactions)
* operate under the Government of India **Transaction of Business Rules, 1961**
64
What is the main purpose of Cabinet Committees?
since the **Council of Ministers is collectively responsible to the LS**, Cabinet Committees ensure collective responsibility of the Government to the people (**Parliamentary Democracy**)
65
Which amendment made the advise rendered by the **Council of Ministers** BINDING on the **President**?
42nd
The 44th Amendment later allowed the President to reconsider the advise ONCE.
66
Which FIVE topics did the 42nd Amendment Act shift from State List to Concurrent List?
1. Education
2. Forests
3. Weights and Measures
4. Protection of Wild Animals
5. Adminstration of Justice
67
Which Amendment added **GST** to the Constitution of India and in Which provision?
**101**st Amendment Act (2016) added Article **246A**
68
What were the recommendations of the **Morarji Desai First Administrative Reforms Council** (1961)?
The Council made 22 recommendations, none of which were implemented.
These include:
* appointment of non-partisan governors with experience in public life,
* delegation of powers to states,
* Transferring more financial resources to states, and
* deployment of armed forces to states only upon request.
69
What were the observations and recommendations of the **Rajamannar Committee** (1969)?
* The committee identified a strong tendency for Unitary Govt in the country due to one party rule in the Centre, inadequacy of resources in the States, etc.
* They recommended:
* formation of an Inter State council,
* removing provisions that allow the President's rule to be imposed on a whim of the Center,
* transfer of more subjects from Concurrent list to State list, etc.
70
What were the recommendations of the **Sarkaria Commission** (1983)?
Rejected curtailing powers of the Center but did recognize that there was a tendency for "overcentralization"
Recommendations:
1. Permanent inter-state council Under Art. 263
2. Use Art 365 sparingly
3. "Consultation" with states before deploying national armed forces or making laws about State list
4. Consult CM before appointing Governor
71
FIVE important recommendations of the **Punchhi Commission** (2007)?
1. Union should only pass laws on Concurrent list if there is a need for **pan-Indian uniformity**
2. **Cooperative federalism** is key to maintaining Indian Unity
3. **Restricting the power of the President/Governor** to keep a State bill pending for no more than 6 months
4. **Fixed tenure for Governor**, removal of Center's interference in appointments and removal
5. clarified that **Article 163** does not grant the Governor broad discretionary power to act independently of their Council of Ministers.
72
The idea of a Constituent Assembly was put for the first time by?
M.N Roy in 1934
73
When was the demand for a Constituent Assembly accepted?
In 1940 by the August Offer of Linlithgow
74
When was the Constituent Assembly constituted?
In Nov 1946 under the Cabinet Mission Plan
75
What was the "Objectives Resolution" of Nehru?
* It proclaimed India to be an independent **Sovereign Republic**
* declared the aim of the Constituent Assembly to write a **constitution**
* guaranteed and secured social, economic, and political **justice; equality **of status and opportunities and equality before the law; and **fundamental freedoms**
* Objective Resolution forms the basis of the **Preamble** to the Indian Constitution
* declares what kind of polity the Constituent Assemble envisions for India, i.e., **Federalism**
76
When was the Objectives resolution adopted?
22 Jan 1947
77
Who **presided** the first meeting of the Constituent Assembly on **9th Dec 1946**?
**Sachdanand Sinha**
This meeting elected **Rajendra Prasad** as President and **HC Mukherjee** as Vice President
78
Three Major Committees presided by Jawaharlal Nehru
Union Powers Committee
Union Constitution Committee
States Committee
79
TWO Major Committees headed by Dr. Rajendra Prasad
Rules of Procedure Committee
Steering Committee
80
TWO major Committees headed by Sadar Vallabhai Patel
Provincial Constitution
Advisory
81
FOUR Subcommittees under the Advisory Committee and who headed them
1. Fundamental Rights - JB Kriplani
2. Minorities - HC Mukherjee
3. NE Frontier and Tribal Areas - GD Bardoloi
4. Other Excluded Areas - AV Thakkar
82
When was the Constitution adopted?
26th November 1949
83
What are the THREE forms of Justice in the Preamble? Where were they taken from?
Social, Economic and Political - Inspired by the Russian Revolution
84
What are the FIVE expressions of **Liberty** guaranteed to Indian citizens according to the Preamble?
Thought, Expression, Belief, Faith, Worship
85
THREE dimensions of **Equality** according to the Constitution?
* Civic Equality - Art 14 to 18 (FRs)
* Political Equality - Art 325 & 326 (Elections)
* Economic -Art 39 (DPSP)
86
Three SC Cases related to the Preamble?
**Berubari v. UOI** - Preamble NOT a part of the Constitution.
**Kesavananda Bharati** - Basic Structure/Preamble IS a part of the Constitution
**LIC of India (1995)** - Preamble IS a part of teh Constitution
87
What was the Nehru-Liaquat Pact?
**bilateral agreement** signed between **India and Pakistan**, where both countries agreed to take measures to **protect the life**, property, and honor of their respective minorities. Both countries pledged to **eliminate discrimination** based on religion, race, caste, or creed, and to promote a sense of security among minority communities
