Judicial Services Exam (PCS-J) Constitution of India Flashcards

24 sample cards from the Constitution of India deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Where are Fundamental Duties found, how were they added, and how many are there now?

   Fundamental Duties are in Article 51A (Part IVA), added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee. Originally 10 duties; the 11th (duty of a parent/guardian to provide education to a child aged 6-14) was added by the 86th Amendment (2002).

2. Are Fundamental Duties under Article 51A enforceable, and to whom do they apply?

   Fundamental Duties are non-justiciable (not legally enforceable by courts), and they apply only to citizens (not to foreigners). They serve as a reminder and a moral obligation, and can be enforced through suitable legislation.

3. What are the three procedures (types of majority) for amending the Constitution under Article 368 and otherwise?

   (1) By simple majority of Parliament (outside Article 368, e.g., creation of new States), (2) by special majority of Parliament (Article 368), and (3) by special majority of Parliament PLUS ratification by at least half of the State Legislatures (for federal provisions).

4. What constitutes a 'special majority' under Article 368?

   A majority of the total membership of each House AND a majority of not less than two-thirds of the members of that House present and voting.

5. What is the Basic Structure Doctrine and in which case was it propounded?

   Propounded in 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' or essential features (e.g., supremacy of Constitution, rule of law, judicial review, federalism, secularism, free and fair elections).

6. How is the President of India elected, and what is the formula for the value of an MLA's and an MP's vote?

   The President is elected indirectly by an electoral college (elected members of both Houses of Parliament and State/UT Legislative Assemblies) by proportional representation with single transferable vote. Value of an MLA's vote = (State population / total elected MLAs) ÷ 1000. Value of an MP's vote = total value of all MLA votes / total elected MPs.

7. What is the relationship between the President and the Council of Ministers under Articles 74 and 75?

   Article 74 provides a Council of Ministers headed by the Prime Minister to aid and advise the President, and this advice is binding (the President may ask reconsideration once). Article 75 provides the Council is collectively responsible to the Lok Sabha and Ministers hold office during the pleasure of the President.

8. What are the three types of veto power available to the President of India?

   Absolute veto (withholding assent entirely), Suspensive veto (returning a non-Money Bill for reconsideration), and Pocket veto (taking no action and keeping the bill pending indefinitely, as no time limit is prescribed). The President has no qualified veto.

9. What is the composition and maximum strength of the Lok Sabha and the Rajya Sabha?

   Lok Sabha: maximum 550 elected members (530 from States + 20 from UTs); members directly elected. Rajya Sabha: maximum 250 members — 238 representing States/UTs (elected by State Assemblies via proportional representation) + 12 nominated by the President.

10. What is the procedure for passing an ordinary bill, and how is a deadlock between the two Houses resolved?

    An ordinary bill may originate in either House, must be passed by both Houses, then receive the President's assent. A deadlock is resolved by a joint sitting of both Houses summoned by the President under Article 108, where the matter is decided by a simple majority of the total members present and voting.

11. How is a Money Bill defined and what is the special procedure for it (Article 110)?

    A Money Bill (Article 110) deals only with matters like taxation, borrowing, Consolidated Fund, etc.; the Speaker certifies it. It can be introduced only in the Lok Sabha on the President's recommendation. The Rajya Sabha can only recommend changes within 14 days, which the Lok Sabha may accept or reject; there is no joint sitting.

12. What is the position of the Governor under Articles 153-156, and how is the office held?

    The Governor is the constitutional head of a State and the agent of the Centre. He is appointed by the President (not elected), holds office during the pleasure of the President for a normal term of five years, and exercises executive power on the aid and advice of the State Council of Ministers.

13. What discretionary powers does a Governor enjoy that the President does not?

    A Governor has constitutional discretion such as reserving a bill for the President's consideration (Article 200), recommending President's Rule (Article 356), seeking information from the Chief Minister, and exercising functions as administrator of an adjoining UT. The President has no such constitutional discretion.

14. On what grounds can a member be disqualified under the Anti-Defection Law (Tenth Schedule), and who decides?

    A member is disqualified if he (i) voluntarily gives up party membership, or (ii) votes/abstains contrary to the party whip without prior permission, or (iii) an independent member joins a party, or (iv) a nominated member joins a party after six months. The Speaker/Chairman decides; their decision is subject to judicial review.

15. What exception to the Anti-Defection Law existed for 'mergers,' and what was abolished by the 91st Amendment?

    Disqualification does not apply if at least two-thirds of a legislature party agree to a merger with another party. The 91st Amendment (2003) abolished the earlier 'split' exception (which protected one-third of members) and barred defectors from holding ministerial/remunerative office until re-elected.

16. What are the original, appellate, and advisory jurisdictions of the Supreme Court?

    Original (Article 131): disputes between Centre and States or among States. Appellate (Articles 132-134): appeals in constitutional, civil, and criminal matters, plus Special Leave Petition under Article 136. Advisory (Article 143): the President may seek the Court's opinion on questions of law or fact of public importance.

17. What is the difference between the appellate writ jurisdiction of High Courts (Article 226) and the supervisory power under Article 227, and the status of subordinate courts?

    Article 226 gives High Courts power to issue writs for Fundamental Rights and any other purpose. Article 227 gives High Courts the power of superintendence (administrative and judicial) over all courts and tribunals within their jurisdiction. Subordinate (district) courts function under the High Court's control; district judges are appointed by the Governor in consultation with the High Court (Article 233).

18. What are the three legislative Lists in the Seventh Schedule, who legislates on each, and with whom do residuary powers rest?

    Union List (Parliament alone, ~100 subjects), State List (State Legislatures, ~61 subjects), and Concurrent List (both, ~52 subjects; Union law prevails on conflict under Article 254). Residuary powers (subjects not in any List) rest with the Union Parliament under Article 248.

19. In which circumstances can Parliament legislate on State List subjects?

    (1) Rajya Sabha resolution in national interest (Article 249), (2) National Emergency in force (Article 250), (3) two or more States request it (Article 252), (4) to implement international treaties/agreements (Article 253), and (5) during President's Rule in a State (Article 356).

20. What are the three types of Emergency under the Constitution and their governing Articles?

    National Emergency (Article 352 - war, external aggression, or armed rebellion), President's Rule/State Emergency (Article 356 - failure of constitutional machinery in a State), and Financial Emergency (Article 360 - threat to financial stability/credit of India).

21. What safeguards were added to the National Emergency provisions by the 44th Amendment (1978)?

    It substituted 'armed rebellion' for 'internal disturbance'; required the Cabinet's written recommendation to the President; required parliamentary approval within one month by special majority; limited continuation to six months at a time; and provided that Article 20 and 21 cannot be suspended even during emergency (under Article 359).

22. What is the maximum duration of President's Rule under Article 356 and the conditions for extension beyond one year?

    President's Rule is initially for six months and can be extended up to a maximum of three years. Beyond one year it can continue only if (a) a National Emergency is in operation in the whole country or that State, and (b) the Election Commission certifies that elections cannot be held in that State.

23. What are the three All-India Services, who creates new All-India Services, and which Article governs them?

    The three All-India Services are the IAS, IPS, and Indian Forest Service (IFoS). They are governed by Article 312; the Rajya Sabha must pass a resolution by a two-thirds majority in the national interest before Parliament can create a new All-India Service. They serve both the Centre and the States.

24. What constitutional protection do civil servants have under Article 311, and which body adjudicates service disputes?

    Article 311 protects civil servants: no dismissal/removal by an authority subordinate to the appointing authority, and no dismissal/removal/reduction in rank without a reasonable opportunity of being heard (inquiry). Service disputes are adjudicated by Administrative Tribunals established under Article 323A (Central/State Administrative Tribunals).

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