Schedules

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

• Konkani
• Manipuri
• Nepali
• Maithili

Select the correct answer using the code given below :

[amp_mcq option1=”1, 2 and 3″ option2=”1, 2 and 4″ option3=”1, 3 and 4″ option4=”2, 3 and 4″ correct=”option1″]

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.

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

• 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 ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option2″]

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).

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

[amp_mcq option1=”Third Schedule” option2=”Fifth Schedule” option3=”Ninth Schedule” option4=”Twelfth Schedule” correct=”option2″]

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.

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

[amp_mcq option1=”Jawaharlal Nehru” option2=”Lal Bahadur Shastri” option3=”Indira Gandhi” option4=”Morarji Desai” correct=”option1″]

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.

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 ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option1″]

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).