Govt Exams
Article 368(3) requires that amendments affecting the division of powers between Union and states, and amendments altering the provisions regarding representation of states in Parliament, must be ratified by at least half of the state legislatures in addition to parliamentary approval.
This protects federalism.
For example, amendments to Article 1 (territory of India) and Articles 245-255 (distribution of legislative powers) require state ratification.
The 73rd Amendment (1992) created a three-tier Panchayati Raj system (village, block, district) with reservation of seats for SCs/STs, but Mukhya Mantris (State Chief Ministers) are NOT elected directly by people.
They are elected by the state legislature.
Panchayat Chairpersons/Pradhans are elected, and State Election Commissions were constituted to conduct Panchayat elections.
Quo Warranto (Latin: 'by what authority') is a writ issued to inquire into the authority by which a person claims to hold a public office.
It is used to prevent illegal appointments and to remove persons not entitled to hold office.
For example, it was used in cases questioning the validity of ministerial appointments when constitutional procedures were not followed.
Article 123 allows the President to issue ordinances when Parliament is not in session.
These ordinances must be laid before Parliament when it reassembles.
An ordinance ceases to operate if not approved by both houses within 6 weeks from reassembly or earlier dissolution.
The 43rd Amendment limited ordinance-making power by restricting repeated re-promulgation.
Article 75 provides for the appointment and composition of the Council of Ministers.
It states that the Prime Minister is appointed by the President, and other ministers are appointed by the President on advice of the PM.
The Council of Ministers holds office during the pleasure of the President and is collectively responsible to the Lok Sabha.
Articles 36-51 contain DPSP which are non-justiciable (cannot be enforced in courts).
However, they are fundamental in governance and obligate the state to apply them while making laws and policies.
The Minerva Mills case (1980) established that DPSP cannot override Fundamental Rights, but both must be harmoniously interpreted.
Article 19 (Right to Freedom) can be suspended during a National Emergency under Article 359.
However, Articles 20 (protection against conviction for offences) and 21 (right to life and personal liberty) cannot be suspended even during emergency.
This ensures protection against arbitrary arrest and punishment.
Dr. B.R.
Ambedkar called Article 32, which grants the right to move Supreme Court for enforcement of fundamental rights, as 'the soul of the Constitution'.
This article is crucial for protecting fundamental rights through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
The terms 'Socialist' and 'Secular' were added to the Preamble through the 42nd Amendment Act of 1976 during the Emergency period. 'Sovereign', 'Democratic', 'Republican', and 'Federal' were part of the original Preamble drafted by Dr. B.R.
Ambedkar.
The President cannot directly dismiss the Prime Minister.
Article 75(5) provides that the PM holds office during the pleasure of the President, but this is a formal provision.
Practically, the PM must command confidence of Lok Sabha majority (Article 75).
If the PM loses this confidence, they resign or face a no-confidence motion.
The President cannot arbitrarily dismiss the PM—this is a fundamental principle of parliamentary democracy.
The President acts on advice of the Council of Ministers (Article 74).