UPSC Civil Services Examination Indian Polity, Constitution and Governance Syllabus

What does Article 17 abolish and is it enforceable against private individuals?

Article 17 abolishes 'untouchability' and forbids its practice in any form; its enforcement is punishable. It is one of the rights enforceable against both the State and private individuals.

Are Directive Principles of State Policy (DPSP) justiciable? Under which Part and Article are they found?

No, DPSPs are non-justiciable (not enforceable by courts). They are contained in Part IV (Articles 36-51) and are fundamental in the governance of the country (Article 37).

Classify the Directive Principles of State Policy into their three broad categories.

(1) Socialistic principles (e.g., Art 38, 39, 41-43), (2) Gandhian principles (e.g., Art 40 - Panchayats, Art 43 - cottage industries, Art 46, 47, 48), and (3) Liberal-intellectual principles (e.g., Art 44 - Uniform Civil Code, Art 45, 48, 50, 51).

What does Article 44 (a Directive Principle) deal with?

Article 44 directs the State to secure a Uniform Civil Code (UCC) for all citizens throughout the territory of India.

What did the Supreme Court hold in the Minerva Mills case (1980) regarding Fundamental Rights and DPSPs?

It held that the Constitution is founded on a balance between Fundamental Rights and Directive Principles; giving absolute primacy to one over the other disturbs the harmony, which is part of the basic structure. It struck down parts of the 42nd Amendment.

How many Fundamental Duties are there, and which amendment added them and on whose recommendation?

There are 11 Fundamental Duties under Article 51A (Part IVA). The original 10 were added by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee; the 11th (duty of parents/guardians regarding education) was added by the 86th Amendment Act, 2002.

Are Fundamental Duties justiciable, and to whom do they apply?

Fundamental Duties are non-justiciable (not legally enforceable by courts). They apply only to citizens, not to foreigners.

What are the three methods of amending the Constitution under Article 368 and otherwise?

(1) By simple majority of Parliament (outside Art 368, e.g., admission of new states), (2) by special majority of Parliament (Art 368), and (3) by special majority of Parliament plus ratification by at least half of the State legislatures (for federal provisions).

Define 'special majority' as required for most amendments under Article 368.

A majority of the total membership of each House (more than 50% of total strength) AND a majority of not less than two-thirds of the members of that House present and voting.

In which case was the Basic Structure Doctrine propounded, and what does it hold?

Kesavananda Bharati v. State of Kerala (1973). It holds that Parliament can amend any part of the Constitution under Article 368 but cannot alter or destroy its 'basic structure' (e.g., supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections).

What is the qualifying age and term of office for the President of India?

Minimum age 35 years. Term of office is 5 years; the President is eligible for re-election any number of times and holds office during the pleasure of the electoral college (until a successor enters office).

By whom and how is the President of India elected?

By an electoral college consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of States and UTs of Delhi and Puducherry, through proportional representation by means of a single transferable vote.

Who can declare an ordinance, under which Article, and what is its lifespan?

The President under Article 123 (and Governors under Article 213) can promulgate ordinances when Parliament/Legislature is not in session. An ordinance must be laid before Parliament when it reassembles and ceases to operate 6 weeks from reassembly (i.e., it has the same force as an Act but is temporary).

Who acts as the ex-officio Chairman of the Rajya Sabha, and what are the eligibility conditions for that office?

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. To be Vice-President a person must be a citizen of India, at least 35 years old, and qualified to be elected to the Rajya Sabha.

To whom is the Council of Ministers collectively responsible, and under which Article?

The Council of Ministers is collectively responsible to the Lok Sabha (House of the People) under Article 75. This principle of collective responsibility is the bedrock of parliamentary government.

What is the maximum size of the Council of Ministers as fixed by the 91st Amendment Act, 2003?

The total number of ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha (and similarly for State legislative assemblies, with a minimum of 12 ministers in states).

What is the maximum strength of the Lok Sabha and the Rajya Sabha as per the Constitution?

Lok Sabha: maximum 552 (530 from states + 20 from UTs + earlier 2 nominated Anglo-Indians, now removed by 104th Amendment). Rajya Sabha: maximum 250 (238 representing states/UTs + 12 nominated by the President).

What is a Money Bill, who certifies it, and what is the Rajya Sabha's power over it?

A Money Bill (Article 110) deals only with matters like taxes, borrowing, and the Consolidated Fund. It is certified by the Speaker of the Lok Sabha and can be introduced only in the Lok Sabha. The Rajya Sabha can only make recommendations (not binding) and must return it within 14 days.

How is a deadlock between the two Houses of Parliament over an ordinary bill resolved?

Through a Joint Sitting of both Houses (Article 108), summoned by the President and presided over by the Speaker of the Lok Sabha. Decisions are by simple majority of members present and voting; there is no joint sitting for Money Bills or Constitutional Amendment Bills.

What is the difference between adjournment, prorogation, and dissolution in Parliament?

Adjournment suspends work for a specified time (hours/days/weeks). Prorogation ends a session of the House. Dissolution ends the very life of the Lok Sabha, leading to fresh elections (the Rajya Sabha, being permanent, is never dissolved).

What is the retirement age of Supreme Court judges and High Court judges respectively?

Supreme Court judges retire at 65 years of age; High Court judges retire at 62 years of age.

What is the procedure for removing a judge of the Supreme Court or a High Court?

A judge can be removed by the President only after an address by each House of Parliament supported by a special majority (majority of total membership AND two-thirds of members present and voting), on grounds of proved misbehaviour or incapacity (the impeachment process under the Judges Inquiry Act, 1968).

What is the difference between the original, appellate, and advisory jurisdiction of the Supreme Court?

Original jurisdiction (Art 131): disputes between Centre and states or among states. Appellate jurisdiction (Art 132-136): appeals against High Court decisions in constitutional, civil, and criminal matters, and by special leave. Advisory jurisdiction (Art 143): President may seek the Court's opinion on questions of law/fact (opinion is not binding).

What is the 'Collegium System' for the appointment of judges?

A judge-led system (evolved through the Second and Third Judges Cases) where the Chief Justice of India and a collegium of senior-most Supreme Court judges recommend appointments and transfers of judges. The NJAC Act (99th Amendment) seeking to replace it was struck down in 2015.

Which Articles deal with the distribution of legislative powers between the Centre and the States, and what are the three lists?

Articles 245-255 (Part XI). The three lists in the Seventh Schedule are: Union List (exclusive to Parliament), State List (exclusive to states), and Concurrent List (both can legislate; Union law prevails in case of conflict — Article 254). Residuary powers rest with the Union (Article 248).

Under what circumstances can Parliament legislate on a State List subject?

(1) Rajya Sabha passes a resolution by 2/3 majority in national interest (Art 249), (2) during a National Emergency (Art 250), (3) when two or more states request it (Art 252), (4) to implement international treaties/agreements (Art 253), and (5) during President's Rule in a state (Art 356).

Which amendment gave constitutional status to Panchayati Raj Institutions, and which Schedule lists their subjects?

The 73rd Constitutional Amendment Act, 1992 added Part IX and the Eleventh Schedule (which lists 29 functional items for Panchayats). It came into force on 24 April 1993.

What is the three-tier structure of Panchayati Raj and the reservation provided for women?

Three tiers: Gram Panchayat (village), Panchayat Samiti/Mandal (intermediate/block), and Zila Parishad (district). Not less than one-third of seats (and chairperson posts) are reserved for women, including those for SCs and STs.

Which amendment relates to Urban Local Bodies (Municipalities), and what does its corresponding Schedule contain?

The 74th Constitutional Amendment Act, 1992 added Part IXA dealing with Municipalities and the Twelfth Schedule, which lists 18 functional items for urban local bodies.

Differentiate between a Constitutional Body, a Statutory Body, and a Non-Constitutional/Executive Body, giving one example of each.

Constitutional Body: created by the Constitution (e.g., Election Commission, UPSC, CAG, Finance Commission). Statutory Body: created by an Act of Parliament (e.g., NHRC, National Commission for Women, CIC). Executive/Non-statutory Body: created by an executive resolution (e.g., NITI Aayog).

What are the three types of Emergency provided in the Constitution and their respective Articles?

(1) National Emergency (Article 352) - on grounds of war, external aggression, or armed rebellion; (2) President's Rule/State Emergency (Article 356) - on failure of constitutional machinery in a state; (3) Financial Emergency (Article 360) - threat to financial stability/credit of India. (No Financial Emergency has ever been declared.)