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Schedules

📆 September 24, 2024

Total Questions: 58

31. Constitution's Tenth Schedule relates to- [41th B.P.S.C. (Pre) 1996]

Correct Answer: (d) Anti-defection Law
Solution:Article 45 of the Directive principles of State Policy after the 86 constitutional amendment Act 2002 makes provisions for early childhood care and education for all the children until they complete the age of six years. Under Article 243(G) and 243(W), Panchayats and the Municipalities', respectively are entrusted with powers, authorities and functions which among others also includes responsibility of management of education. The Sixth and seventh schedules also includes provisions related to education while provisions for administration of scheduled areas and scheduled tribes under schedule five also include educations indirectly.

32. The Tenth Schedule of Indian Constitution deals with- [U.P.P.C.S. (Mains) 2005]

Correct Answer: (a) Anti-defection law
Solution:Article 45 of the Directive principles of State Policy after the 86 constitutional amendment Act 2002 makes provisions for early childhood care and education for all the children until they complete the age of six years. Under Article 243(G) and 243(W), Panchayats and the Municipalities', respectively are entrusted with powers, authorities and functions which among others also includes responsibility of management of education. The Sixth and seventh schedules also includes provisions related to education while provisions for administration of scheduled areas and scheduled tribes under schedule five also include educations indirectly.

33. Which one of the following is not included in the Union List in the Seventh Schedule of the Indian Constitution- [U.P.P.C.S. (Pre) 1997]

Correct Answer: (d) Gas
Solution:In the given options, (subjects) Banking, Insurance and Census are related to the Union List, while Gas is related to State List.

7th Schedule of Indian Constitution – Union List

It originally had 97 subjects. Now, it has 100 subjects
Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution
The Union List signifies the strong centre as it has more subjects than state list
It contains more important subjects than included in any of the other two lists
All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List
The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails
Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state
There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes
88th Amendment added a new subject in the Union List called ‘taxes on services.’
Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament

34. Which one of the following is not included in the "Union List of the Constitution of India? [Chhattisgarh P.C.S. (Pre) 2011]

Correct Answer: (d) Agriculture
Solution:In the given options Defence, Foreign Affairs and Railways are the subjects of the Union List, but Agriculture is the subject of the State List.

7th Schedule of Indian Constitution – Union List

It originally had 97 subjects. Now, it has 100 subjects
Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution
The Union List signifies the strong centre as it has more subjects than state list
It contains more important subjects than included in any of the other two lists
All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List
The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails
Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state
There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes
88th Amendment added a new subject in the Union List called ‘taxes on services.’
Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament

35. Which one of the following is included in the State List under Seventh Schedule of Indian Constitution- [U.P.P.C.S. (Pre) 1997]

Correct Answer: (c) Railway Police
Solution:Education, Electricity, and Forest are the subjects of the Concurrent List while Railway Police is the subject of the State List.

7th Schedule of Indian Constitution – State List

It has 61 subjects. Earlier, it had 66 items
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 laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures. However, all these can be done only under ‘Normal Circumstances.’
Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest
Parliament can legislate on subjects that are enumerated under the State List on three conditions:
• When Rajya Sabha passes resolution
• During a national emergency (Article 250)
• When two or more states pass a resolution requesting Parliament to legislate on subjects under State List
Note:
1. On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by passing the same resolution.
2. The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states:
○ For the implementation of International Agreements
○ During President’s Rule
The matters of regional and local importance and the matters which permits diversity of interest are specified in the State List
There are 20 subjects in the State List on which states’ legislatures have an exclusive power to levy taxes
The 69th Constitutional Amendment Act of 1991 made special provision in relation to National Capital. Laws cannot be made by Delhi government on three subjects under State list named as – Public Order, Police & Land

36. Which one of the following is in the State list? [U.P.P.C.S. (Pre) 2001 ]

Correct Answer: (a) Railway Police
Solution:The railway is a subject of the Union List, but Railway Police is the subject of State List. Corporation Tax and Census are under the Union List, but the Economic and Social Planning is the subject of the Concurrent List.

7th Schedule of Indian Constitution – State List

It has 61 subjects. Earlier, it had 66 items
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 laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures. However, all these can be done only under ‘Normal Circumstances.’
Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest
Parliament can legislate on subjects that are enumerated under the State List on three conditions:
• When Rajya Sabha passes resolution
• During a national emergency (Article 250)
• When two or more states pass a resolution requesting Parliament to legislate on subjects under State List
Note:
1. On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by passing the same resolution.
2. The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states:
○ For the implementation of International Agreements
○ During President’s Rule
The matters of regional and local importance and the matters which permits diversity of interest are specified in the State List
There are 20 subjects in the State List on which states’ legislatures have an exclusive power to levy taxes
The 69th Constitutional Amendment Act of 1991 made special provision in relation to National Capital. Laws cannot be made by Delhi government on three subjects under State list named as – Public Order, Police & Land

37. In which list of the Indian Constitution the 'Panchayati Raj' subject is included? [Chhattisgarh P.C.S. (Pre) 2011,  M.P.P.C.S. (Pre) 2019]

Correct Answer: (b) State List
Solution:Entry 5 of the State List in the 7 Schedule provides for Local Government (Panchayati Raj).

7th Schedule of Indian Constitution – State List

It has 61 subjects. Earlier, it had 66 items
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 laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures. However, all these can be done only under ‘Normal Circumstances.’
Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest
Parliament can legislate on subjects that are enumerated under the State List on three conditions:
• When Rajya Sabha passes resolution
• During a national emergency (Article 250)
• When two or more states pass a resolution requesting Parliament to legislate on subjects under State List
Note:
1. On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by passing the same resolution.
2. The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states:
○ For the implementation of International Agreements
○ During President’s Rule
The matters of regional and local importance and the matters which permits diversity of interest are specified in the State List
There are 20 subjects in the State List on which states’ legislatures have an exclusive power to levy taxes
The 69th Constitutional Amendment Act of 1991 made special provision in relation to National Capital. Laws cannot be made by Delhi government on three subjects under State list named as – Public Order, Police & Land

38. Which one of the following subject is in List-1 Concurrent List of the Seventh Schedule of the Constitution of India? [U.P.P.C.S. (Mains) 2006, U.P.P.C.S. (Mains) 2011 ]

Correct Answer: (a) Criminal Procedure
Solution:Criminal Procedure is the subject of the Concurrent List in the 7th Schedule while Public Order, Prisons and Police are in the State List.

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

39. "Marriage, Divorce' and 'Adoption are an entry in the Seventh Schedule of the Constitution' under the following- [U.P. Lower Sub. (Spl) (Pre) 2010]

Correct Answer: (c) List-III - Concurrent List
Solution:Marriage, Divorce and Adoption are the subjects of List III i.e., Concurrent List as Entry no. 5 in the VIIth Schedule.

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

40. Which List and Entry of Seventh Schedule of Indian Constitution is related to election of the legislature of the State? [M.P.P.C.S. (Pre) 2020]

Correct Answer: (a) List-I, Entry 72
Solution:The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. List-1, entry 72 deals with elections to the Parliament, to the Legislatures of States and to the offices of President and Vice-President. List -II, Entry 37 deals with elections to the Legislature of the State subject to the provisions of any law made by the Parliament.
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