Schedules

41. The right of the government to impose taxes and fees is provided in which Schedule of Constitution? [U.P.S.C. (Pre) 2009 ]

(a) VI Schedule
(b) VII Schedule
(c) IX Schedule
(d) XI Schedule

Correct Answer: (b) VII Schedule

Solution:Article 246 of the Indian Constitution, distributes legislative powers, including the power taxation between the Parliament of India and the State Legislatures. Schedule VII enumerates these subject matters with the use of three lists: List I, List II and List III. Thus the right to impose taxes and fees by the Union and the States is provided in the VII Schedule of the Constitution.

42. Land Reform comes under the subjects of- [43rd B.P.S.C. (Pre) 1999]

(a) Union List
(b) Concurrent List
(c) State List
(d) none of these

Correct Answer: (c) State List

Solution:Land Reforms are the subject of the State List. Land Reform Act has been added to Schedule IX of the Constitution and the IXth Schedule it self, by the 1st Amendment Act, 1951 to provide Constitutional protection to the states on matters of Land Reform Acts.

7th Schedule of Indian Constitution – State List

It has 61 subjects. Earlier, it had 66 items.

42nd amendment Act 1976Shifted below mentioned five subjects from State list to Concurrent List:
• Education
• Forests
• Protection of wild animals and birds
• Weights and measures
• 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 ListNote1. 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 The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states: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 permit 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

43. Which one of the following Schedules of the Constitution of India contains provisions regarding Anti-defection law? [U.P.S.C. (Pre) 1998, 2014, Uttarakhand P.C.S. (Pre) 2021 Ans. (d)]

(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

Correct Answer: (d) Tenth Schedule

Solution:

Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent.
Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India. Anti-defection laws aim to prevent or discourage
defection by imposing penalties on politicians who switch parties or otherwise violate party discipline.
These laws may be designed to ensure that politicians are held accountable to the voters who elected them and to maintain the stability and cohesion of political parties.
In some countries, anti-defection laws allow political parties to expel members who defect, while in others, they may disqualify defectors from holding public office or impose other penalties.

44. In which Schedule of the Indian Constitution Anti- defection Law is placed? [U.P. Lower Sub. (Mains) 2013]

(a) Sixth Schedule
(b) Ninth Schedule
(c) Tenth Schedule
(d) None of the above

Correct Answer: (c) Tenth Schedule

Solution:The Tenth Schedule, which contains Anti-defection law, was added by the 52 Amendment Act, 1985 in the Indian Constitution. It contains provision regarding Anti-defection Law and lays down the process by which legislators may be disqualified on the grounds of defection.

The Tenth Schedule includes the following provisions with regard to the disqualification of MPs and MLAs on the grounds of defection:
Grounds for disqualification:

If an elected member gives up his membership of a political party voluntarily.
if he votes or abstains from voting in the House, contrary to any direction issued by his political party.
If any member who is independently elected joins any party.
If any nominated member joins any political party after the end of 6 months.
The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final.
All proceedings in relation to disqualification under this Schedule are considered to be proceedings in Parliament or the Legislature of a state as is the case.

45. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? [U.P.S.C. (Pre) 2019]

(a) Third Schedule
(b) Fifth Schedule
(d) Twelfth Schedule
(c) Ninth Schedule

Correct Answer: (b) Fifth Schedule

Solution:The Supreme court, In 1997, in its landmark judgment in the case Samatha vs state of Andhra Pradesh & others declared that the transfer of tribal land to private parties for mining is unconstitutional, void and inoperative. The fifth schedule of the Indian Constitution has provisions relating to the ad- ministration and control of Scheduled Areas and Scheduled Tribes. According to this schedule, tribal land cannot be transferred to a private party.

46. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? [U.P.S.C. (Pre) 2022]

(a) This would prevent the transfer of land of tribal people to non-tribal people.
(b) This would create a local self-governing body in that аrea.
(c) This would convert that area into a Union Territory.
(d) The State having such areas would be declared a Special Category State.

Correct Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people.

Solution:The Fifth Schedule of the Indian Constitution defines scheduled areas as the areas defined so by the President of India. In India, there are 10 states having scheduled areas. With consultation of the governor of state, the president can alter, add, diminish the boundary of a scheduled area. The Governor can also repeal or amend any regulations with respect to the state having scheduled areas but only with the assent of the president of India.

Para (5) of the Fifth Schedule provides special power to the governor of the concerned state. Under this power, he prevents the transfer of land from tribal people to non-tribal people.

47. The Fifth Schedule deals with the governance and protection of the interests of which specific group of people? [69th B.P.S.C. (Pre) 2023]

(a) Scheduled Castes
(b) Religious Minorities
(c) Scheduled Tribes
(d) Linguistic Minorities

Correct Answer: (c) Scheduled Tribes

Solution:The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.

The Dhebar Commission (1960-61), laid down the following criteria for declaring any area as a 'Scheduled Area' under the Fifth Schedule:
Preponderance of tribal population, which should not be less than 50 percent.
Compactness and reasonable size of the area.
Underdeveloped nature of the area.
Marked disparity in the economic standard of the people as compared to the neighboring Areas.
Later, a viable administrative entity, such as a district, block, or taluk, has been also identified as an important additional criterion. According to the Ministry of
Tribal Affairs, these criteria are not spelt out in the Constitution of India but have become well established.

48. Which Schedule of the Constitution of India contains special provisions for the administration and control of Scheduled Areas in several states? [U.P.S.C. (Pre) 2008]

(a) Third
(b) Fifth
(c) Seventh
(d) Ninth

Correct Answer: (b) Fifth

Solution:Schedule V of the Constitution provides for the administration and control of Scheduled Areas and Scheduled Tribes except in the States of Assam, Tripura, Meghalaya and Mizoram. The provision of administration of tribal areas in these States is provided in the VI Schedule of the Constitution.

The Dhebar Commission (1960-61), laid down the following criteria for declaring any area as a 'Scheduled Area' under the Fifth Schedule:
Preponderance of tribal population, which should not be less than 50 percent.
Compactness and reasonable size of the area.
Underdeveloped nature of the area.
Marked disparity in the economic standard of the people as compared to the neighboring Areas.
Later, a viable administrative entity, such as a district, block, or taluk, has been also identified as an important additional criterion. According to the Ministry of
Tribal Affairs, these criteria are not spelt out in the Constitution of India but have become well established.

49. The provisions of the fifth and Sixth Schedule in the Constitution of India are made to- [U.P.S.C. (Pre) 2015]

(a) Protect the interests of Scheduled Tribes
(b) Determine the boundaries between States
(c) Determine the powers, authority and responsible of Panchayats
(d) Protect the interests of all the border States

Correct Answer: (a) Protect the interests of Scheduled Tribes

Solution:Specials provisions are laid down by the fifth and sixth schedules in the constitution of India to protect the interests of Scheduled Tribes.

The Dhebar Commission (1960-61), laid down the following criteria for declaring any area as a 'Scheduled Area' under the Fifth Schedule:
Preponderance of tribal population, which should not be less than 50 percent.
Compactness and reasonable size of the area.
Underdeveloped nature of the area.
Marked disparity in the economic standard of the people as compared to the neighboring Areas.
Later, a viable administrative entity, such as a district, block, or taluk, has been also identified as an important additional criterion. According to the Ministry of
Tribal Affairs, these criteria are not spelt out in the Constitution of India but have become well established.

50. The 6 schedule of the Indian Constitution is related to the administration of Tribal areas of: [U.P R.O./A.R.O. (Pre) 2023]

(a) Assam, Arunachal Pradesh, Tripura & Mizoram
(b) Assam, Tripura, Nagaland & Mizoram
(c) Assam, Nagaland, Meghalaya & Mizoram
(d) Assam, Meghalaya, Tripura & Mizoram

Correct Answer: (d) Assam, Meghalaya, Tripura & Mizoram

Solution:The Sixth Schedule of Indian Constitution contains provisions related to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. Notably, the 6º schedule's main objective is to save and maintain tribal culture. Notably, Articles 244(2) and 275(1) of the Indian Constitution include the provision of the 6th schedule.