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Schedules

📆 September 24, 2024

Total Questions: 58

11. Match List-I with List-II and select the correct answer from the codes given below. [U.P. R.O.\A.R.O. (Pre) (Re-Exam) 2016]

List-IList-II
A. 7th Schedules1. Language
B. 8th Schedules2. Disqualification on the ground
C. 9th Schedules3. Union, State and Concurrent Lists
D. 10th Schedules4. Validation of certain Acts

 

Code :
ABCD
(a)4213
(b)3124
(c)2341
(d)3142
Correct Answer: (d)
Solution:
List-IList-II
7th SchedulesDistribution of Legislative Powers (union, state and concurrent list)
8th SchedulesLanguages
9th SchedulesValidation of certain Acts
10th SchedulesDisqualification on the ground of defection

12. Which one of the following pairs (Schedule-Subjects) is not correctly matched? [U.P.P.C.S. (Pre.) 2023]

Correct Answer: (d) Ninth - Schedule Allocation of seats in the Council of States
Solution:
SchedulesFeatures of Schedules
Third ScheduleIt contains the forms of oath and affirmation for Union Ministers of India, Parliament Election Candidates, Members of Parliament (MPs), Supreme Court Judges, Comptroller and Auditor General, State Ministers, State Legislature Elections' Candidates, State Legislature Members, High Fourth Schedule Court Judges.
Forth SchedulesAllocation of seats in the council of states.
Eighth ScheduleIt deals with the 22 official languages recognized by the Constitution of India.
Ninth ScheduleIt deals with the state Acts and regulations that deal with land reforms and abolition of the zamindari system. It also deals with the Acts and regulations of the Parliament dealing with other matters.

Note: The 1st Amendment Act 1951 added the Ninth Schedule to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.

Tenth ScheduleIt contains provisions relating to disqualification of the members of the Parliament and the State Legislatures on the ground of defection.

Note: This schedule was added by the 52 Amendment Act of 1985, also known as Anti-defection Law.

13. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of: [U.P.S.C. (Pre) 2019]

Correct Answer: (a) Jawaharlal Nehru
Solution:The ninth schedule of Indian Constitution was introduced during the Prime Ministership of Jawaharlal Nehru. It was added by the Constitution (First Amendment) Act, 1951. The main objective of this amendment Act was to insert provisions fully securing the constitutional validity of Zamindari abolition laws in general, and certain specified state Acts in particular.

The Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts.

  • It was added by the Constitution (First Amendment) Act, 1951. The 13 laws were added to the schedule through the first Amendment in 1951.
  • The Ninth Schedule was added to the Constitution in 1951 through the First Amendment Act in response to the Supreme Court's decision in the Shankari Prasad case(1951), which had ruled that laws enacted by the Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution.
  • The Ninth Schedule is a special provision in the Constitution of India that allows the legislature to exempt certain laws from judicial review through a constitutional amendment.
  • The Ninth Schedule was brought by adding new Article 318, which along with Article 31A enacted with the aim of protecting laws related to agrarian reform and to abolish the Zamindari System.
  • The laws included in the Ninth Schedule are immune to being challenged in the court on the grounds of inconsistency with the fundamental rights guaranteed by the Constitution of India.

14. To give constitutional protection, state land reforms laws have been included in the- [U.P.P.C.S. (Mains) 2003]

Correct Answer: (b) 9th Schedule
Solution:The Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts.
  • It was added by the Constitution (First Amendment) Act, 1951. The 13 laws were added to the schedule through the first Amendment in 1951.
  • The Ninth Schedule was added to the Constitution in 1951 through the First Amendment Act in response to the Supreme Court's decision in the Shankari Prasad case(1951), which had ruled that laws enacted by the Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution.
  • The Ninth Schedule is a special provision in the Constitution of India that allows the legislature to exempt certain laws from judicial review through a constitutional amendment.
  • The Ninth Schedule was brought by adding new Article 318, which along with Article 31A enacted with the aim of protecting laws related to agrarian reform and to abolish the Zamindari System.
  • The laws included in the Ninth Schedule are immune to being challenged in the court on the grounds of inconsistency with the fundamental rights guaranteed by the Constitution of India.

15. Consider the following statements: [U.P.S.C. (Pre.) 2018]

1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of Indis

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?

Correct Answer: (a) 1 only
Solution:*Ninth schedule deals with Acts and Regulations (originally 13, presently 282) of the state legislature dealing with land reforms and abolition of the Zamindari system and of the Parliament dealing with other matters.

*This schedule was added by the 1" Amendment Act, 1951 to protect laws included in it from judicial scrutiny on the ground of violation of Fundamental Rights.

*However in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.

16. Coelho case is related to which Schedule of the Constitution of India? [U.P. P.C.S. (Mains) 2017]

Correct Answer: (c) Ninth
Solution:Coelho case is a landmark case which upheld the authority of the Judiciary to review laws including the ones under the 9th schedule against violation of the Basic structure of the constitution. It is also known as the 9th schedule case.

The question of Laws in the Ninth Schedule completely exempt from judicial scrutiny has been resolved through various Supreme Court judgments, which are given as follows:

  • Keshavananda Bharati v. State of Kerala (1973): The Supreme Court held that any law which violates "Basic structure of the Indian Constitution can be declared unconstitutional by the court.
  • Waman Rao v. Union of India (1981): in this significant decision, the Supreme Court ruled that the amendments made after 24th April 1973 in Ninth Schedule can be challenged on the grounds of constitutionality.
  • IR Coelho v. State of Tamil Nadu (2007): The court ruled that any law enacted in Ninth Schedule after 24th April 1973 must be examined under Articles 14, 19, and 21. Furthermore, it stated that any act that is not in line with the basic structure of the constitution can be challenged and subjected to judicial review.

17. The Provision of three legislative lists is found in the following Schedule of the Constitution- [U.P.R.O./A.R.O. (Mains) 2021]

Correct Answer: (b) VII
Solution:The provision of three legislative lists is found in the VII Schedule of the Constitution.

There are three Lists which provide for distribution of legislative powers under the seventh Schedule of the COI:
Union List (List I):

  • It contains 98 subjects (originally 97) and comprises the subjects which are of national importance and admit of uniform laws for the whole of the country.
  • Only Parliament can legislate with respect to these matters e.g. Defence, Foreign Affairs, Banking, Currency, Union Taxes, etc.
    State List (List II):
  • It contains 59 subjects (originally 66) and comprises subjects of local or State interest
  • It lies within the legislative competence of the State Legislatures, viz. Public Order and Police, Health, Agriculture, etc.
    Concurrent List (List III):
  • It contains 52 subjects (Originally 47) with respect to which; both Union Parliament and the State Legislature have concurrent power of legislation. The Concurrent List (not found in any federal Constitution) was to serve as a device to avoid excessive rigidity to a two-fold distribution.
  • It is a 'twilight zone', as for not so important matters, the States can take initiative, while for the

18. Match the following: [60th to 62th B.P.S.C. (Pre) 2016]

List - IList - II
I. Union ListA. 97 entries
II. State ListB. 47 entries
III. Concurrent ListC. 66 entries

 

Correct Answer: (b) A, C, B
Solution:The correct match is as follow:
Union List97 entries (Currently 98)
State List47 entries (Currently 59)
Concurrent List66 entries (Currently 52)

19. Under the Constitution of India, Economic Planning is a subject: [Uttarakhand P.C.S. (Pre) 2002]

Correct Answer: (c) In the Concurrent List
Solution:Entry No. 20 of the Concurrent List is related to Economic and Social Planning. It is to be noted that the Planning Commission of India was established by the Government of India under this entry.

7th Schedule of Indian Constitution – Concurrent List

It has 52 subjects enumerated under it
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
• Education
• Forests
• Protection of wild animals and birds
• Weights and measures and
• Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts
The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia
Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List
While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list
There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes

20. Economic planning is included in which list of Constitution- [U.P.U.D.A/L.D.A. (Pre) 2006]

Correct Answer: (c) Concurrent List
Solution:Entry No. 20 of the Concurrent List is related to Economic and Social Planning. It is to be noted that the Planning Commission of India was established by the Government of India under this entry.

7th Schedule of Indian Constitution – Concurrent List

It has 52 subjects enumerated under it
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
• Education
• Forests
• Protection of wild animals and birds
• Weights and measures and
• Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts
The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia
Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List
While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list
There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes
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