All 12 Schedules — Set 5
Constitution Special · सभी 12 अनुसूचियां · Questions 41–50 of 140
The Ninth Schedule of the Indian Constitution was added by which constitutional amendment?
Correct Answer: A. First Amendment 1951
The Ninth Schedule was added to the Constitution by the First Constitutional Amendment Act of 1951. It was introduced primarily to protect land reform laws from being challenged under the Fundamental Rights (especially the right to property under Article 31). The schedule allows Parliament to place certain laws beyond judicial review under Article 31B.
Which article of the Constitution is connected to the Ninth Schedule?
Correct Answer: B. Article 31B
Article 31B of the Constitution is connected to the Ninth Schedule. It provides that none of the Acts and Regulations specified in the Ninth Schedule shall be deemed to be void on the ground that they are inconsistent with the Fundamental Rights. This was originally intended to protect land reform legislation from judicial invalidation.
Approximately how many laws are protected under the Ninth Schedule of the Indian Constitution?
Correct Answer: D. Over 284
Currently, over 284 laws are included in the Ninth Schedule of the Indian Constitution. These laws are theoretically protected from judicial review under Article 31B. The schedule has grown significantly from its original 13 laws added in 1951 to over 284 laws today, including land reform acts, nationalization laws, and various state legislation.
In which landmark case did the Supreme Court rule that laws added to the Ninth Schedule after April 24, 1973 can be subject to judicial review?
Correct Answer: C. IR Coelho case 2007
In the IR Coelho case of 2007, a nine-judge Constitution Bench of the Supreme Court ruled that laws included in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) can be subject to judicial review. The court held that if such laws violate the basic structure of the Constitution, they can be struck down. This significantly limited the protection provided by the Ninth Schedule.
The Tenth Schedule of the Indian Constitution deals with which of the following?
Correct Answer: B. Anti-defection provisions for MPs and MLAs
The Tenth Schedule, popularly known as the Anti-Defection Law, deals with the disqualification of members of Parliament and State Legislatures on grounds of defection. It was added by the 52nd Constitutional Amendment Act of 1985. The schedule is connected to Articles 102(2) and 191(2) of the Constitution.
Through which constitutional amendment was the Tenth Schedule (Anti-Defection Law) added to the Constitution?
Correct Answer: C. 52nd Amendment 1985
The Tenth Schedule was added to the Constitution by the 52nd Constitutional Amendment Act of 1985, which came into force on March 1, 1985. It was introduced to combat the problem of political defections and floor-crossing by elected members. The amendment was made during the tenure of Prime Minister Rajiv Gandhi.
Under the Tenth Schedule, on what grounds can a member of Parliament be disqualified for defection?
Correct Answer: A. Voluntarily giving up party membership or voting against party whip
Under the Tenth Schedule, a member of Parliament can be disqualified if they voluntarily give up membership of their political party, or if they vote or abstain from voting in the House contrary to any direction issued by their political party without prior permission and such act has not been condoned by the party. These are the two main grounds for disqualification under the anti-defection law. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.
Under the Tenth Schedule, what fraction of party members must merge with another party to avoid disqualification?
Correct Answer: B. Two-thirds
Under the Tenth Schedule, a merger of a political party is recognized only when at least two-thirds of the members of the legislature party agree to merge with another political party. Before the 91st Amendment Act of 2003, the threshold was one-third. This exception to disqualification is meant to allow genuine ideological mergers while preventing small-scale defections.
Who is the deciding authority for disqualification under the Tenth Schedule (Anti-Defection Law) in the case of Parliament?
Correct Answer: D. Speaker of the Lok Sabha
The Speaker of the Lok Sabha is the deciding authority for disqualification under the Tenth Schedule for members of the Lok Sabha. For the Rajya Sabha, the Chairman is the deciding authority. The Speaker's decision is subject to judicial review, as established in the Kihoto Hollohan case of 1992.
In which case did the Supreme Court uphold the validity of the Tenth Schedule (Anti-Defection Law)?
Correct Answer: B. Kihoto Hollohan case 1992
In the Kihoto Hollohan v. Zachillhu case of 1992, the Supreme Court upheld the constitutional validity of the Tenth Schedule (Anti-Defection Law). The court ruled that the Speaker's decision under the Tenth Schedule is subject to judicial review. The court also held that the anti-defection law does not violate the basic structure of the Constitution.