Schedules

11. Which one of the following Schedules of the Constitution of India cont

Which one of the following Schedules of the Constitution of India contains provisions regarding land reforms ?

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Ninth Schedule
Twelfth Schedule
Fifth Schedule
Fourth Schedule
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The Ninth Schedule was added to the Constitution by the First Amendment Act, 1951. It was created to protect laws related to land reform and abolition of the zamindari system from judicial review on the ground of contravention of Fundamental Rights, particularly the Right to Property (which was a fundamental right at that time). While laws placed in the Ninth Schedule were initially considered immune from judicial review, the Supreme Court later ruled in I.R. Coelho case (2007) that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Keshvananda Bharati judgment) are open to challenge if they violate the basic structure of the Constitution.
The Ninth Schedule lists specific central and state laws that are protected from being challenged in court on the grounds that they violate fundamental rights. Its primary purpose initially was to validate agrarian reform laws.
The Twelfth Schedule contains provisions relating to the powers, authority, and responsibilities of Municipalities. The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The Fourth Schedule allocates seats for each State and Union Territory in the Rajya Sabha (Council of States).

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12. What does the 9th Schedule of the Constitution of India contain?

What does the 9th Schedule of the Constitution of India contain?

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List of Official Languages
Panchayati Raj System
Laws protected from Judicial review
Allocation of seats in the Rajya Sabha
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The 9th Schedule of the Constitution of India was added by the 1st Amendment Act, 1951. It was created to protect laws, particularly those relating to agrarian reforms and abolition of Zamindari, from being challenged in courts on the ground that they violated Fundamental Rights. Laws placed in the 9th Schedule were initially considered immune from judicial review. Although the Supreme Court, in the I.R. Coelho case (2007), ruled that laws placed in the 9th Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial scrutiny if they violate the basic structure of the Constitution, the Schedule’s content still primarily consists of laws that were intended to be protected from judicial review based on Fundamental Rights challenges.
The 9th Schedule lists laws that were initially intended to be shielded from judicial review based on Fundamental Rights.
The 8th Schedule lists the official languages of India. The 11th Schedule lists the powers, authority, and responsibilities of Panchayats. The 4th Schedule deals with the allocation of seats in the Rajya Sabha.

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13. Which one of the following languages is not included in the Eighth S

Which one of the following languages is not included in the Eighth Schedule of the Constitution of India?

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Bodo
Maithili
Santhali
Ladakhi
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Ladakhi is not included in the Eighth Schedule of the Constitution of India.
The Eighth Schedule lists the languages recognized by the Constitution of India. As of 2004, there are 22 languages in the Eighth Schedule.
The 22 languages are Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu. Bodo, Maithili, and Santhali were added by the 92nd Amendment Act of 2003. Ladakhi is a language spoken in the Ladakh region but is not among the scheduled languages.

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14. Which one of the following statements regarding disqualification of MP

Which one of the following statements regarding disqualification of MPs and MLAs on grounds of defection is not correct ?

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These provisions are listed in the Tenth Schedule of the Constitution of India.
A member may be disqualified on grounds of defection.
Disqualification on grounds of defection does not apply in case of merger.
All questions regarding disqualification on grounds of defection are referred to the Election Commission of India.
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The statement that is NOT correct is D. According to the Tenth Schedule of the Constitution (Anti-defection Law), the final authority to decide on questions regarding disqualification on grounds of defection is the presiding officer of the House (Speaker in the case of Lok Sabha and State Legislative Assembly, Chairman in the case of Rajya Sabha and State Legislative Council), not the Election Commission of India. Statements A, B, and C are correct descriptions of the anti-defection law provisions.
The presiding officer of the legislature has the authority to decide on disqualification cases under the anti-defection law.
The Tenth Schedule was added to the Constitution by the 52nd Amendment Act, 1985. An exception to disqualification is provided in case of a merger if at least two-thirds of the members of a legislative party agree to merge with another party.

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15. The First Schedule of the Constitution of India consists of

The First Schedule of the Constitution of India consists of

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A list of States and Union Territories of India
The Union and State Lists
Languages
Acts outside the purview of judicial review
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The First Schedule of the Constitution of India lists the States and the Union Territories of India and specifies their respective territories.
– The Constitution of India has twelve Schedules.
– Each Schedule contains supplementary information related to specific articles of the Constitution.
– The Seventh Schedule contains the Union List, State List, and Concurrent List (distribution of powers).
– The Eighth Schedule lists the recognized Languages.
– The Ninth Schedule deals with certain acts and regulations immune from judicial review (though its scope has been limited by Supreme Court judgments).

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16. The Constitution (71 st Amendment) Act, 1992 amends the Eighth Schedu

The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages ?

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  • Konkani
  • Manipuri
  • Nepali
  • Maithili

Select the correct answer using the code given below :

1, 2 and 3
1, 2 and 4
1, 3 and 4
2, 3 and 4
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The correct option is A.
The Constitution (71st Amendment) Act, 1992, amended the Eighth Schedule to the Constitution by adding three languages: Konkani, Manipuri, and Nepali. This increased the total number of constitutionally recognized languages from 15 to 18.
Maithili was added to the Eighth Schedule much later by the 92nd Amendment Act, 2003, along with Bodo, Dogri, and Santhali, increasing the total number of languages to 22.

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17. With reference to anti-defection law in India, consider the following

With reference to anti-defection law in India, consider the following statements:

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  • 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
  • 2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.

Which of the statements given above is/are correct ?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
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Statement 1 is incorrect. The anti-defection law (Tenth Schedule) specifies that a nominated member of a House can join any political party within six months of taking his seat. Joining a political party after the expiry of six months attracts disqualification.
Statement 2 is correct. The Tenth Schedule does not provide a specific time frame within which the Presiding Officer of the House (Speaker in Lok Sabha, Chairman in Rajya Sabha) must decide on a defection case. This lack of a time limit has often been a subject of controversy and delays in deciding such cases. The Supreme Court has commented on this delay in various judgments and suggested remedies, but the law itself is silent on the timeframe.
The anti-defection law aims to prevent political defections by legislators. It specifies grounds for disqualification based on voluntarily giving up party membership, voting against party directions, or, in the case of nominated members, joining a party after six months. The power to disqualify vests with the Presiding Officer of the House.
The Anti-defection law was added to the Constitution by the 52nd Amendment Act of 1985. The decision of the Presiding Officer regarding defection is subject to judicial review, as established by the Supreme Court in the Kihoto Hollohan case (1992).

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18. Under which Schedule of the Constitution of India can the transfer of

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

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Third Schedule
Fifth Schedule
Ninth Schedule
Twelfth Schedule
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The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India.
– The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram.
– Under the provisions of the Fifth Schedule, the Governor of a State having Scheduled Areas is empowered to make regulations for the peace and good government of such areas. These regulations may, among other things, prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such areas.
– The Supreme Court, in the landmark Samata judgement (1997), interpreted the provisions relating to land transfers in Scheduled Areas and held that transfer of tribal land to non-tribals/private companies for mining is null and void under the laws applicable to Fifth Schedule areas. It directed that mining leases in Scheduled Areas should only be granted to ST cooperatives or state-owned corporations.
– The Third Schedule lists Oaths and Affirmations.
– The Ninth Schedule contains a list of Central and State laws which cannot be challenged in courts on grounds of violation of Fundamental Rights (subject to basic structure review). It was primarily used for land reform laws initially.
– The Twelfth Schedule deals with the powers, authority, and responsibilities of Municipalities.
The Samata judgment is highly significant for protecting tribal rights and resources in Scheduled Areas. It reinforced the special protective provisions enshrined in the Fifth Schedule to prevent the alienation of tribal land.

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19. The Ninth Schedule was introduced in the Constitution of India during

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

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Jawaharlal Nehru
Lal Bahadur Shastri
Indira Gandhi
Morarji Desai
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The Ninth Schedule was introduced during the prime ministership of Jawaharlal Nehru.
– The Ninth Schedule was added to the Constitution of India by the first Amendment Act of 1951.
– Jawaharlal Nehru was the Prime Minister of India from August 15, 1947, to May 27, 1964.
– The First Amendment was enacted in 1951 primarily to address issues related to land reforms and to protect laws related to agrarian reform from judicial challenge on the grounds of violation of fundamental rights. The Ninth Schedule was created to list these laws, initially granting them immunity from judicial review.
Over the years, many Acts were added to the Ninth Schedule, including laws related to land reform, reservation, etc. However, in 2007, the Supreme Court ruled in the I.R. Coelho case that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial scrutiny if they violate the basic structure of the Constitution.

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20. Consider the following statements: 1. The Parliament of India can pl

Consider the following statements:

  • 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
  • 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Which of the statements given above is/are correct ?

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
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Statement 1 is correct. The Parliament of India can place a particular law in the Ninth Schedule by enacting a Constitutional Amendment Act under Article 368. Laws placed in the Ninth Schedule were initially intended to be immune from judicial review.
Statement 2 is incorrect. The absolute immunity from judicial review for laws in the Ninth Schedule was challenged and limited by the Supreme Court. In the *Kesavananda Bharati* case (1973), the Court propounded the ‘Basic Structure Doctrine’. Later, in the *I.R. Coelho case* (2007), the Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the *Kesavananda Bharati* judgment) are open to judicial scrutiny and can be challenged on the ground that they violate the basic structure of the Constitution. Thus, it is not true that the validity of a law placed in the Ninth Schedule *cannot* be examined by *any* court.
– Parliament can add laws to the Ninth Schedule via constitutional amendment.
– Laws in the Ninth Schedule were initially considered immune from judicial review.
– The Supreme Court ruled that laws added to the Ninth Schedule after April 24, 1973, are subject to judicial review based on the Basic Structure Doctrine (*I.R. Coelho case*).
The Ninth Schedule was added by the 1st Constitutional Amendment Act, 1951, primarily to protect agrarian reform laws from being challenged in courts on the ground of violation of fundamental rights (specifically, the right to property).

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