The 9th Schedule to the Constitution of India was added by the:
- A.Third Amendment Act
- B.Fourth Amendment Act
- C.First Amendment Act
- D.Sixth Amendment Act
Correct answer
C. First Amendment Act
Explanation
The correct answer is C, First Amendment Act. The Ninth Schedule was inserted by the Constitution (First Amendment) Act, 1951, to shield land reform laws from being struck down by the courts. The same amendment added Article 31B, which says that a law placed in the Ninth Schedule cannot be questioned for taking away a fundamental right. The Schedule started with 13 entries, mostly the zamindari abolition laws of the states, and has grown far beyond that. The protection is no longer absolute: in I. R. Coelho v. State of Tamil Nadu (2007) the Supreme Court held that laws added after 24 April 1973 can still be tested against the basic structure of the Constitution. Option A is wrong because the Third Amendment of 1954 reworked the Concurrent List entry on essential commodities. Option B is wrong because the Fourth Amendment of 1955 only put more laws into a Schedule that already existed. Option D is wrong because the Sixth Amendment of 1956 dealt with taxes on the inter-State sale of goods. Exam tip: First Amendment, 1951 — Ninth Schedule along with Article 31B.
Practice Questions
View allWho among the following is one of the founder members of Bhartiya Jana Sangh?
- A.KM Munshi
- B.Baldev Singh
- C.Minoo Masani
- D.Shyama Prasad Mukherjee
Show answer
Correct answer: D. Shyama Prasad Mukherjee
Explanation
The correct answer is D, Shyama Prasad Mukherjee. Syama Prasad Mookerjee founded the Bharatiya Jana Sangh and is counted as its founder member and first president. The party was launched at Delhi in October 1951 as a nationalist alternative to the Congress. Mookerjee had resigned from Nehru's cabinet in 1950 over the Nehru-Liaquat pact, and he had earlier led the Hindu Mahasabha and served as Vice-Chancellor of Calcutta University. He died in 1953 in detention in Kashmir while agitating against the state's special status, after which Deendayal Upadhyaya built up the party's organisation; it was reorganised as the Bharatiya Janata Party in 1980. A is wrong because K M Munshi was a Constituent Assembly member and Congress leader who later joined the Swatantra Party. B is wrong because Baldev Singh was independent India's first Defence Minister. C is wrong because Minoo Masani was a founder of the Swatantra Party. Exam tip: Bharatiya Jana Sangh 1951 with Syama Prasad Mookerjee, Swatantra Party 1959 with C Rajagopalachari and Minoo Masani.
Who advised State Government on legal matters?
- A.Attorney General
- B.Advocate General
- C.Solicitor General
- D.Chief Justice of the High Court
Show answer
Correct answer: B. Advocate General
Explanation
The correct answer is B, Advocate General. The Advocate General is the highest law officer of a state and advises the state government on legal matters. Article 165 provides for the office: the Governor appoints a person qualified to be a judge of a High Court, the Advocate General holds office during the pleasure of the Governor, and the Governor fixes the remuneration. The duties are to advise the state government on the legal questions referred to the office, to discharge the legal duties assigned by the Governor and to appear for the state in the High Court. A is wrong because the Attorney General, under Article 76, is the first law officer of the Union and not of a state. C is wrong because the Solicitor General assists the Attorney General at the Union level and is not a constitutional post. D is wrong because the Chief Justice of a High Court decides cases and does not advise the government. Exam tip: Article 76 for the Attorney General of India, Article 165 for the Advocate General of a state.
Who among the following can attend the meetings of both houses of Parliament while not being a member of either House?
- A.The Solicitor General of India
- B.The Vice-president of India
- C.The Comptroller and auditor General of India
- D.The Attorney General of India
Show answer
Correct answer: D. The Attorney General of India
Explanation
The correct answer is D, The Attorney General of India. Article 88 gives the Attorney General the right to speak in and otherwise take part in the proceedings of both Houses of Parliament, any joint sitting and any committee of which the office holder is named a member, but without the right to vote. The Attorney General is appointed by the President under Article 76, must be qualified to be a judge of the Supreme Court, is the chief legal adviser to the Government of India and is not a member of either House. Ministers enjoy the same right under Article 88. Option A is wrong because the Solicitor General is only a statutory law officer who assists the Attorney General and has no such constitutional right. Option B is wrong because the Vice-President presides over the Rajya Sabha alone, as its ex officio Chairman. Option C is wrong because the audit reports of the Comptroller and Auditor General reach Parliament through the President. Exam tip: Article 76 for appointment and Article 88 for the right to speak without a vote.
National Commission for Scheduled Tribes came into existence as a separate commission in which of the following year?
- A.2000
- B.2006
- C.2004
- D.2002
Show answer
Correct answer: C. 2004
Explanation
The correct answer is C, 2004. The National Commission for Scheduled Tribes began work as a separate body in 2004. The 89th Constitutional Amendment Act of 2003 divided the earlier joint National Commission for Scheduled Castes and Scheduled Tribes into two commissions, leaving Article 338 for the Scheduled Castes and inserting Article 338A for the Scheduled Tribes. The new commission has a chairperson, a vice-chairperson and three other members appointed by the President, inquires into complaints about the safeguards given to tribes, advises on their development and sends its reports to the President, who places them before Parliament. Option A is wrong because in 2000 the joint commission was still functioning. Option B is wrong because by 2006 the commission had already been at work for two years. Option D is wrong because the amendment that created it was passed only in 2003. Exam tip: 89th Amendment of 2003 brought Article 338A, and the commission started in 2004.
In which year the post of National Security Advisor was created in India?
- A.2000
- B.1998
- C.2003
- D.1999
Show answer
Correct answer: B. 1998
Explanation
The correct answer is B, 1998. The post of National Security Adviser was created in November 1998, when the Vajpayee government set up the National Security Council. Brajesh Mishra was the first National Security Adviser and held the post along with that of Principal Secretary to the Prime Minister. The Adviser is the Prime Minister's chief counsellor on national security and strategic affairs, heads the National Security Council Secretariat and receives the intelligence agencies' assessments. The Council works through three limbs, the Strategic Policy Group, the National Security Advisory Board and the Secretariat. Option A is wrong because by 2000 the office was already two years old. Option C is wrong because 2003 falls towards the end of the first Adviser's long tenure, not at its start. Option D is wrong because 1999, the year of the Kargil conflict, is often confused with it, but the Council and the Adviser had been announced a few months earlier. Exam tip: National Security Council and National Security Adviser, November 1998, first holder Brajesh Mishra.