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Indian PolityMediumAsked in: UPSC Civil Services · CSE Prelims 2019, GS Paper I

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

  1. A.Third Schedule
  2. B.Fifth Schedule
  3. C.Ninth Schedule
  4. D.Twelfth Schedule

Correct answer

B. Fifth Schedule

Explanation

The correct answer is B, Fifth Schedule. The Fifth Schedule governs the administration of Scheduled Areas and allows the Governor to stop the transfer of tribal land.

Under paragraph 5 of the Fifth Schedule, the Governor of a State with Scheduled Areas can make regulations to prohibit or restrict the transfer of land by or among Scheduled Tribes in those areas. In the Samatha case of 1997, the Supreme Court held that leasing tribal land in Scheduled Areas to private companies for mining was void under these provisions. The Fifth Schedule applies to tribal areas outside the North-East, which are covered by the Sixth Schedule.

A is wrong because the Third Schedule contains the forms of oaths and affirmations. C is wrong because the Ninth Schedule protects listed land reform and other laws from challenge. D is wrong because the Twelfth Schedule lists the 18 subjects of municipalities.

Exam tip: Fifth Schedule = Scheduled Areas (Samatha, 1997); Sixth Schedule = tribal areas of Assam, Meghalaya, Tripura, Mizoram.

Practice Questions

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Q1.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Which one of the following statements is correct as per the Constitution of India?

  1. A.Inter-State trade and commerce is a State subject under the State List.
  2. B.Inter-State migration is a State subject under the State List.
  3. C.Inter-State quarantine is a Union subject under the Union List.
  4. D.Corporation tax is a State subject under the State List.
Show answer
Correct answer: C. Inter-State quarantine is a Union subject under the Union List.

Inter-State quarantine is a Union subject, listed with inter-State migration in entry 81 of the Union List. The Seventh Schedule divides legislative subjects into the Union List, the State List and the Concurrent List.

Q2.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2019, GS Paper IMedium

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

  1. A.The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
  2. B.The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
  3. C.In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
  4. D.State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Show answer
Correct answer: B. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

Article 142 empowers the Supreme Court, so the statement means that ordinary laws made by Parliament cannot limit the Court's power under it.

Q3.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Which of the following statements are correct about the Constitution of India?

1. Powers of the Municipalities are given in Part IX A of the Constitution.

2. Emergency provisions are given in Part XVIII of the Constitution.

3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.

Select the answer using the code given below:

  1. A.1 and 2 only
  2. B.2 and 3 only
  3. C.1 and 3 only
  4. D.1, 2 and 3
Show answer
Correct answer: D. 1, 2 and 3

All three statements match the Parts of the Constitution correctly. Part IX A, Articles 243P to 243ZG, was added by the 74th Amendment Act, 1992 and deals with the Municipalities, including their powers and functions under Article 243W and the Twelfth Schedule.

Q4.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages?

1. Konkani

2. Manipuri

3. Nepali

4. Maithili

Select the correct answer using the code given below:

  1. A.1, 2 and 3
  2. B.1, 2 and 4
  3. C.1, 3 and 4
  4. D.2, 3 and 4
Show answer
Correct answer: A. 1, 2 and 3

The 71st Amendment of 1992 added Konkani, Manipuri and Nepali to the Eighth Schedule. The Eighth Schedule lists the languages recognised by the Constitution.

Q5.Indian PolityAsked in: UPSC CAPF · CAPF 2023, Paper IMedium

Which among the following is not correct?

  1. A.Legislation on criminal law, barring exceptions, is a subject under the Concurrent List.
  2. B.Bankruptcy and Insolvency are subjects under the Concurrent List.
  3. C.Inter-State trade and commerce is a subject under the State List.
  4. D.Banking is exclusively under the Union List.
Show answer
Correct answer: C. Inter-State trade and commerce is a subject under the State List.

Trade and commerce between States is Entry 42 of the Union List, so it is wrong to place it in the State List.