The Ninth Schedule was added to the Constitution of India by the
- A.Fourteenth Amendment
- B.First Amendment
- C.Ninety-Third Amendment
- D.Ninety-Ninth Amendment
Correct answer
Explanation
The correct answer is B, First Amendment. The Constitution (First Amendment) Act, 1951 inserted the Ninth Schedule along with Article 31B.
Courts had begun striking down zamindari abolition and other land reform laws for violating the right to property. To protect them, the First Amendment created the Ninth Schedule: laws placed in it could not be challenged for violating Fundamental Rights. It began with 13 laws and now lists well over 280. In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws added after 24 April 1973 can be reviewed if they damage the basic structure.
A is wrong: the Fourteenth Amendment of 1962 brought Puducherry into the Union and allowed legislatures for certain Union Territories.
C is wrong: the Ninety-Third Amendment of 2005 allowed reservation in admission to private educational institutions.
D is wrong: the Ninety-Ninth Amendment of 2014 created the National Judicial Appointments Commission, later struck down.
Exam tip: First Amendment 1951 = Ninth Schedule + Article 31B, to shield land reforms.
Practice Questions
View allAs regards the 'disqualification on ground of defection' as per the Constitution of India, which of the following statements is/are correct? 1. Disqualification on ground of defection does not apply to any nominated member of a House 2. Disqualification on ground of defection does not apply to a member of a House if she/he does not accept the merger of her/his original political party into another and opts to function as a separate group Select the answer using the code given below:
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
Show answer
Explanation
The correct answer is B, 2 only. The Tenth Schedule covers nominated members too, but its merger exception protects a member who refuses a merger and sits as a separate group.
The anti-defection law was added as the Tenth Schedule by the 52nd Amendment in 1985. A nominated member is disqualified if he or she joins a political party after six months from taking the seat, so nominated members are not outside the law and statement 1 is wrong. Paragraph 4 of the Schedule says that when two-thirds of the members of a legislature party agree to merge their original party with another, disqualification does not apply either to those who join the new party or to those who do not accept the merger and opt to function as a separate group. Statement 2 is therefore correct.
A is wrong: statement 1 is false, as nominated members can be disqualified.
C is wrong: only statement 2 holds.
D is wrong: statement 2 correctly states the merger exception.
Exam tip: Tenth Schedule = 52nd Amendment (1985); merger needs two-thirds of the legislature party; the 91st Amendment (2003) removed the one-third split exception.
Which one of the following judgments declared that the Parliament has NO power to amend any of the provisions of Part III of the Constitution of India ?
- A.Kesavananda Bharati vs. State of Kerala
- B.Golak Nath vs. State of Punjab
- C.Champakam Dorairajan vs. State of Madras
- D.Minerva Mills Ltd. vs. Government of India
Show answer
Explanation
The correct answer is B, Golak Nath vs. State of Punjab. In 1967 the Supreme Court held that Parliament could not amend Part III to take away or abridge any Fundamental Right.
An eleven-judge bench in Golak Nath, by a majority of six to five, ruled that a constitutional amendment is "law" under Article 13, so an amendment that curtails Fundamental Rights is void. This reversed the earlier view taken in Shankari Prasad (1951) and Sajjan Singh (1965). Parliament answered with the 24th Amendment in 1971, which made clear that Article 368 lets it amend any part of the Constitution, including Fundamental Rights.
Option A is wrong because Kesavananda Bharati (1973) overruled Golak Nath, allowing Parliament to amend Part III but not the basic structure. Option C is wrong because Champakam Dorairajan (1951) struck down a caste-based admission order in Madras, which led to the First Amendment adding Article 15(4). Option D is wrong because Minerva Mills (1980) held that limited amending power is itself part of the basic structure.
Exam tip: Golak Nath 1967 (no amending FRs), 24th Amendment 1971, Kesavananda 1973 (basic structure).
"Rule of Law Index" is released by which of the following ?
- A.Amnesty International
- B.International Court of Justice
- C.The Office of UN Commissioner for Human Rights
- D.World Justice Project
Show answer
Explanation
The correct answer is D, World Justice Project. The Rule of Law Index is published by the World Justice Project, an independent organisation based in Washington, D.C.
The World Justice Project ranks countries on how far the rule of law is followed in practice, based on surveys of households and legal experts. The index uses eight factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice and criminal justice. It has been published since 2009 and is widely cited in discussions on governance and judicial reform.
A is wrong: Amnesty International publishes reports on human-rights abuses and the death penalty, not this index.
B is wrong: the International Court of Justice at The Hague settles disputes between states and gives advisory opinions; it does not rank countries.
C is wrong: the UN human rights office (OHCHR) monitors rights but does not publish the Rule of Law Index.
Exam tip: Rule of Law Index = World Justice Project; Press Freedom Index = Reporters Without Borders; Corruption Perceptions Index = Transparency International.
Consider the following statements :
1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct ?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show answer
Explanation
The correct answer is B, 2 and 3 only. Statements 2 and 3 are correct; an amendment bill needs no prior recommendation of the President.
Under Article 368, a bill to amend the Constitution can be introduced in either House of Parliament by a minister or a private member, and the President's prior permission is not needed. Each House must pass it separately by a special majority: a majority of its total membership and two-thirds of the members present and voting. If the Houses disagree, there is no joint sitting, unlike for ordinary bills under Article 108. The 24th Amendment, 1971 made it obligatory for the President to give assent to a Constitution Amendment Bill; the President can neither withhold assent nor return it.
A is wrong: statement 1 is false.
C is wrong: statement 1 is false, and it leaves out statement 2.
D is wrong: statement 1 is false.
Exam tip: Article 368 = no prior recommendation, special majority in each House, no joint sitting, assent compulsory (24th Amendment).
With reference to India, consider the following statements :
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
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
Show answer
Explanation
The correct answer is B, 2 only. Only statement 2 is correct: the Bar Council of India regulates legal education and recognises law colleges.
Under the Advocates Act, 1961, only an individual enrolled on a State Bar Council's roll is an advocate. A law firm is a business entity, not a person, so it is not recognised as an advocate. A law officer of the government or a lawyer working in a company is also not treated as practising, and a full-time salaried employee cannot practise as an advocate under the Bar Council of India Rules. So statement 1 is wrong. Section 7 of the Act empowers the Bar Council of India to promote legal education, lay down its standards and recognise universities and colleges whose law degree qualifies a person for enrolment.
A is wrong: statement 1 misstates who is recognised as an advocate.
C is wrong: statement 1 is false.
D is wrong: statement 2 is correct.
Exam tip: Advocates Act, 1961 set up the Bar Council of India, which also sets the standards of legal education.