Schedules

21. The provisions in Fifth Schedule and Sixth Schedule in the Constitutio

The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to

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protect the interests of Scheduled Tribes
determine the boundaries between States
determine the powers, authority and responsibilities of Panchayats
protect the interests of all the border States
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The correct option is A.
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any state except the states of Assam, Meghalaya, Tripura, and Mizoram. The Sixth Schedule deals with the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram, providing for autonomous district councils and regional councils with certain legislative and executive powers. Both schedules are specifically designed to protect the interests, culture, and autonomy of Scheduled Tribes and govern the administration of areas predominantly inhabited by them.
The provisions under the Fifth and Sixth Schedules aim to provide a certain degree of autonomy and self-governance to tribal communities, recognising their distinct social, cultural, and economic characteristics. They allow for tailored administrative frameworks that consider the unique needs and aspirations of tribal populations, helping to protect them from exploitation and preserve their traditional way of life.

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22. 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 anti-defection?

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Second Schedule
Fifth Schedule
Eighth Schedule
Tenth Schedule
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The Tenth Schedule of the Constitution of India contains provisions regarding disqualification of members of Parliament and State Legislatures on the ground of defection.
The question requires knowledge of the contents of the various Schedules of the Indian Constitution.
The Tenth Schedule was added to the Constitution by the 52nd Amendment Act, 1985, also known as the Anti-Defection Law. The Second Schedule deals with emoluments, allowances, privileges, etc., of constitutional functionaries. The Fifth Schedule contains provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes. The Eighth Schedule lists the recognized languages of India.

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23. Which among the following is not correct ?

Which among the following is not correct ?

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Legislation on criminal law, barring exceptions, is a subject under the Concurrent List.
Bankruptcy and Insolvency are subjects under the Concurrent List.
Inter-State trade and commerce is a subject under the State List.
Banking is exclusively under the Union List.
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Statement C is incorrect. Inter-State trade and commerce, including trade and commerce with foreign countries, is primarily a subject under the Union List (List I) in the Seventh Schedule of the Constitution of India (e.g., Entry 42: Inter-State trade and commerce; Entry 41: Trade and commerce with foreign countries, import and export across customs frontiers; Entry 43: Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies). While States have legislative power over trade and commerce *within* the State (List II, Entry 26), the power over *inter-State* trade and commerce rests with the Union Parliament.
The Seventh Schedule divides legislative powers between the Union and States. Inter-State trade and commerce is assigned to the Union List to ensure uniformity and national economic integration.
Statement A is correct: Criminal law (except specific items in State/Union Lists) and Criminal Procedure are in the Concurrent List (List III). Statement B is correct: Bankruptcy and Insolvency are in the Concurrent List (List III). Statement D is correct: Banking is exclusively in the Union List (List I).

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24. Which one of the following is NOT true of the 10th schedule of the Con

Which one of the following is NOT true of the 10th schedule of the Constitution of India pertaining to disqualification of members of the Parliament and State legislatures ?

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The schedule lays down that elected members may be disqualified on the grounds of defection
Disqualification on ground of defection does not apply in cases of merger with another political party
Cases of dispute are decided by the Speaker or Chairman of the House concerned
The Supreme Court of India is the final arbiter in cases which remain unresolved
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The statement that the Supreme Court is the final arbiter in cases which remain unresolved is not accurate. The decision on disqualification under the 10th Schedule is made by the Speaker (in Lok Sabha) or Chairman (in Rajya Sabha), and this decision is subject to judicial review by the High Courts and the Supreme Court. The Court reviews the decision of the presiding officer; it doesn’t step in to resolve cases that the Speaker/Chairman failed to resolve.
– The 10th Schedule provides for disqualification of MPs and MLAs on grounds of defection.
– Exceptions exist, such as in cases of merger of political parties under specific conditions (e.g., 2/3rd members agree).
– The authority to decide on disqualification cases rests with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha/Legislative Council.
– The decision of the presiding officer is subject to judicial review by the Supreme Court and High Courts (established in the Kihoto Hollohan case, 1993).
The 10th Schedule was added to the Constitution by the 52nd Amendment Act, 1985. It aims to prevent political defections. The process involves the presiding officer of the House making the decision based on the rules framed under the schedule. While judicial review is available, the court examines the legality/constitutionality of the presiding officer’s decision rather than acting as an alternative forum to resolve the defection case itself. The phrase “cases which remain unresolved” is problematic as the Speaker/Chairman is mandated to resolve the cases.

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25. Which one of the following is the correct combination of languages inc

Which one of the following is the correct combination of languages included in the 8th Schedule of the Constitution of India?

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Nepali, Konkani, Tulu and Santhali
Santhali, Urdu, Konkani and Maithili
Santhali, Konkani, Bhojpuri and Urdu
Dogri, Konkani, Bhojpuri and Urdu
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The correct answer is B) Santhali, Urdu, Konkani and Maithili.
The 8th Schedule of the Constitution of India lists the official languages of the Republic of India. As of the latest amendment (92nd Amendment Act, 2003), there are 22 languages in this schedule. The languages included in the 8th Schedule are: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu.
Checking the options:
– A) Nepali, Konkani, Tulu and Santhali – Tulu is not in the 8th Schedule.
– B) Santhali, Urdu, Konkani and Maithili – All four languages (Santhali, Urdu, Konkani, Maithili) are included in the 8th Schedule.
– C) Santhali, Konkani, Bhojpuri and Urdu – Bhojpuri is not in the 8th Schedule.
– D) Dogri, Konkani, Bhojpuri and Urdu – Bhojpuri is not in the 8th Schedule.
Therefore, Option B is the correct combination.

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26. The Tenth Schedule to the Constitution of India relates to :

The Tenth Schedule to the Constitution of India relates to :

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the provisions relating to the formation of District Councils.
the land reforms.
the States and Union Territories.
the anti-defection law.
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The Tenth Schedule to the Constitution of India was added by the 52nd Amendment Act, 1985, often referred to as the Anti-Defection Law. It lays down the grounds for disqualification of members of Parliament and State Legislatures on the basis of defection from their political party.
– The Tenth Schedule deals with anti-defection provisions.
– It was added by the 52nd Amendment Act, 1985.
– Option A (District Councils): Provisions related to the administration of tribal areas, including the formation of District Councils, are primarily found in the Sixth Schedule.
– Option B (Land Reforms): Provisions related to land reforms are included in the Ninth Schedule, added by the 1st Amendment Act, 1951, to protect laws from judicial review on the ground of violation of fundamental rights.
– Option C (States and Union Territories): The First Schedule lists the States and Union Territories of India and their territories.

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27. Consider the following statements: 1. The Parliament of India can p

Consider the following statements:

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  • 1. The Parliament of India can place any 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 judgment 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 has the power to amend the Constitution and can add laws to the Ninth Schedule through a constitutional amendment. Statement 2 is incorrect. While laws placed in the Ninth Schedule were initially immune from judicial review, the Supreme Court in the I.R. Coelho case (2007) held that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution.
Laws placed in the Ninth Schedule are not absolutely immune from judicial review; their validity can be examined on the ground of violating the basic structure of the Constitution if they were added after the Kesavananda Bharati judgment date.
The Ninth Schedule was added to the Constitution by the 1st Amendment Act, 1951, primarily to protect land reform laws from being challenged in courts on the ground of violation of Fundamental Rights, particularly the right to property.

28. In which Schedule of the Constitution of India, provisions as to disqu

In which Schedule of the Constitution of India, provisions as to disqualification on grounds of defection are given?

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Ninth Schedule
Tenth Schedule
Eleventh Schedule
Sixth Schedule
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The correct answer is the Tenth Schedule.
The Tenth Schedule of the Constitution of India contains provisions regarding the disqualification of Members of Parliament and State Legislatures on the grounds of defection. It was added to the Constitution by the 52nd Amendment Act, 1985, and is popularly known as the ‘Anti-Defection Law’.
The other schedules mentioned relate to different aspects: the Ninth Schedule was added to protect certain laws from judicial review; the Eleventh Schedule contains provisions regarding Panchayats; and the Sixth Schedule contains provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

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29. The provisions of the Fifth Schedule of the Constitution of India shal

The provisions of the Fifth Schedule of the Constitution of India shall not apply to the administration and control of the Scheduled Areas and Scheduled Tribes in

  • 1. Chhattisgarh, Jharkhand and Odisha
  • 2. Assam and Tripura
  • 3. Meghalaya and Mizoram

Select the correct answer using the code given below :

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1 only
1 and 2 only
2 and 3 only
1, 2 and 3
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C
The provisions of the Fifth Schedule of the Constitution of India apply to the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. These four North-Eastern states are covered by the Sixth Schedule, which provides for autonomous administrative divisions (Autonomous District Councils) in certain tribal areas. Therefore, the Fifth Schedule shall not apply to the states listed in codes 2 (Assam and Tripura) and 3 (Meghalaya and Mizoram). Chhattisgarh, Jharkhand, and Odisha (code 1) are among the states where the Fifth Schedule provisions apply.
Currently, ten states have areas notified as Scheduled Areas under the Fifth Schedule: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. The Sixth Schedule applies to autonomous tribal areas in Assam, Meghalaya, Tripura, and Mizoram. The key difference lies in the nature of administration; the Fifth Schedule involves the application of general laws with modifications and the role of the Tribes Advisory Council, while the Sixth Schedule grants greater legislative and administrative autonomy to the Autonomous District Councils.

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30. The Fourth Schedule to the Constitution of India deals with:

The Fourth Schedule to the Constitution of India deals with:

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provisions related to the administration of tribal areas.
allocation of seats in the Council of States.
the Union List, the State List and the Concurrent List.
recognized languages of the Union of India.
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The correct option is B) allocation of seats in the Council of States.
The Fourth Schedule to the Constitution of India deals with the allocation of seats for each State and Union Territory in the Rajya Sabha (Council of States), which is the upper house of the Parliament of India.
– Option A (provisions related to the administration of tribal areas): This is primarily dealt with in the Fifth Schedule (for Scheduled Areas and Scheduled Tribes across several states) and the Sixth Schedule (for tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram).
– Option C (the Union List, the State List and the Concurrent List): These lists enumerating the subjects on which the Union and State Governments have legislative powers are found in the Seventh Schedule.
– Option D (recognized languages of the Union of India): The officially recognized languages of India are listed in the Eighth Schedule.

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