Prelims Polity 515

Consider the following statements regarding the Basic Structure of the Constitution:
1. It refers to features of the Constitution that even the Parliament cannot amend.
2. The Supreme Court has defined the Basic Structure of the Constitution in the Kesavananda Bharti judgement.
Which of the statement(s) given above is/are correct?
A.
1 only
B.
2 only
C.
Both 1 and 2
D.
Neither 1 nor 2
Explanation :
In the Kesavananda Bharti judgement, the SC has laid down the new doctrine of ‘basic structure’ of the Constitution which constitutes features that cannot be amended even by the Parliament. However, SC has not clearly defined what constitutes Basic Structure but the ‘basic features’ have emerged over various judgements of the SC, including Supremacy of the Constitution, Rule of Law, Federal character etc. (Refer to Laxmikanth)

Prelims Polity 514

Consider the following statements regarding the Second Schedule of the Constitution:
1. Second Schedule contains the Oaths or Affirmations for Ministers, MPs, Judges of SC and HCs etc.
2. It can be amended by simple majority of the Parliament.
Which of the statement(s) given above is/are correct?
A.
1 only
B.
2 only
C.
Both 1 and 2
D.
Neither 1 nor 2
Explanation :
The Third Schedule contains the Oaths or Affirmations for Ministers, MPs, Judges of SC and HCs etc. The Second Schedule contains provisions relating to emoluments, privileges etc of President, Governor, Speaker, Judges of SC and HCs etc. Second Schedule can be amended by simple majority of the Parliament

Prelims Polity 513

The office of Secretary of State for India, with complete authority and control over Indian administration, was created by:
A.
Charter Act of 1853
B.
Government of India Act of 1858
C.
Indian Councils Act of 1861
D.
An executive order of the British Government
Explanation :
The office of Secretary of State for India, with complete authority and control over Indian administration, was created by the Government of India Act of 1858. He was a member of the British cabinet and responsible to the British Parliament.

Prelims 512

Consider the following statements regarding the Committees of Constituent Assembly:
1. States Committee (for negotiating with States) was headed by Sardar Patel.
2. The Minorities Sub-Committee was headed by Maulana Abul Kalam Azam.
3. Fundamental Rights Sub-Committee was headed by Dr. Rajendra Prasad
Which of the statement(s) given above is/are correct?
A.
1 only
B.
1 and 2
C.
2 and 3
D.
None of the above
Explanation :
States Committee (for negotiating with States) was headed by Nehru. The Minorities Sub-Committee was headed by H. C. Mukherhee. The Fundamental Rights Sub-Committee was headed by J. B. Kriplani.

Prelims 511

Consider the following statements regarding the Government of India Act of 1919:
1. It divided the central subjects into two parts – transferred and reserved.
2. The transferred central subjects were to be administered by the Governor while the reserved subjects were to be administered by the Viceroy of India.
Which of the statement(s) given above is/are correct?
A.
1 only
B.
2 only
C.
Both 1 and 2
D.
Neither 1 nor 2
Explanation :
The Act divided the PROVINCIAL subjects into two parts – transferred and reserved. The transferred provincial subjects were to be administered by the Governor with the aid of ministers responsible to the legislative council while the reserved subjects were to be administered by the Governor and his executive council without being responsible to the legislative council.

Polity Prelims 510

With reference to the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, consider the following statements:
1. In the Scheduled areas, at least one-half of the seats in every panchayat are reserved for members of the scheduled tribes.
2. The Gram Sabha shall be responsible for the coordination of planning and implementation of development projects in the scheduled areas involving acquisition of land.
Which of the statements given above is/are correct?
A.
1 only
B.
2 only
C.
Both 1 and 2
D.
Neither 1 nor 2
Explanation :
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996” (PESA), extends Part IX of the Constitution with certain modifications and exceptions, to the Fifth Schedule Areas notified under article 244(1) of the Constitution.
Statement 1 is correct. In the scheduled areas, atleast one-half of the seats in every panchayat are reserved for members of the scheduled tribes.
Statement 2 is incorrect. The Gram Sabha or appropriate Panchayat shall be consulted before acquisition of land for development projects as well as rehabilitation and resettlement of affected persons in the Scheduled areas. The actual planning and coordination of projects shall be conducted at the state level.

Polity Prelims 509

With regard to the executive power relating to the concurrent subjects in seventh schedule, consider the following statements:
1. A law on concurrent subject is to be ordinarily enacted and executed by the Union.
2. A law to implement any international treaty on concurrent list is enacted by the Parliament but executed by the State.
Which of the statements given above is/are correct?
A.
1 only
B.
2 only
C.
Both 1 and 2
D.
Neither 1 nor 2
Explanation :
With regard to the matters included in Concurrent List, the executive function shall ordinarily remain with states, but subject to the provisions of the Constitution or of any law of the Parliament conferring such function expressly upon the Union. Hence, statement 1 is not correct.
Under Article 73(1) (b), the executive power to implement any treaty or international agreement belongs exclusively to the Union, whether the subject pertains to the Union, State or Concurrent List. Hence, statement 2 is incorrect.

Prelims Polity 508

Which of the following subjects come under the State list in the Seventh Schedule of the Constitution?
1. Education
2. Forests
3. Pilgrimage within India
4. Agriculture
Select the correct answer using the code given below.
A.
1 and 2 only
B.
2 and 3 only
C.
3 only
D.
3 and 4 only
Explanation :
Education and Forests were transferred from State list to Concurrent list by 42nd Amendment Act, 1976. Pilgrimages other than pilgrimages to places outside India, and Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases comes under the state list. Hence the correct option is d.

Prelims Polity 507

With reference to the urban local bodies, consider the following statements:
1. A nagar panchayat is established for an area in transition from a rural area to an urban area.
2. A cantonment board works under the administrative control of the Ministry of Defence.
Which of the statement(s) given above is/are correct?
A.
1 only
B.
2 only
C.
Both 1 and 2
D.
Neither 1 nor 2
Explanation :
The 74th amendment act provides for the constitution of the following three types of municipalities in every state:
A nagar panchayat for a transitional area, that is, an area in transition from a rural area to an urban area. Hence, statement 1 is correct.
A municipal council for a smaller urban area.
A municipal corporation for a larger urban area.
A cantonment board is established for municipal administration for civilian population in the cantonment area. It is set up under the provisions of the Cantonments Act of 2006 legislation enacted by the Central government. It works under the administrative control of the defence ministry of the Central government. Hence, statement 2 is also correct.

Prelims 506

Which of the following signifies Federal spirit of the Indian Constitution?
1. Article 345
2. Article 370
3. Article 371-B
4. Seventh Schedule
5. Ninth Schedule
Select the correct answer using the code given below:
A.
1, 2, 3 and 4
B.
1, 3 and 4
C.
1, 4 and 5
D.
2, 3 and 5
Explanation :
Art. 345: The Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State: Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.
Art. 370: Article 370 of the Indian Constitution deals with the special status given to the state of Jammu & Kashmir. It provides a fairly high degree of autonomy to the state, enables the state to have its own Constitution (unique in an Indian context) which permits the state to give some special privileges to its “permanent resident.
Art. 371B: It is a special provision with respect to the State of Assam. It is mostly related to functioning of Legislative Assembly and Sixth schedule. Under this the President may provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.
In a federal polity subjects/powers are divided between Central government and States as enshrined under Seventh Schedule to the Indian Constitution.
Thus, all the above signifies federal spirit of the Indian Constitution, except the Ninth Schedule, which provides that articles/laws mentioned in this schedule, are immune from Judicial Review.