Schedules & Sources — Set 7

Correct Answer: D. USA

• **USA** = source of the principle of 'Independence of Judiciary'; India adopted safeguards to ensure judges function free from executive or legislative pressure. • **Constitutional safeguards** — security of tenure (judges serve till age 65 for SC), fixed service conditions that cannot be reduced to their disadvantage, impeachment requires special majority, and post-retirement restrictions. • 💡 Option A (UK) is wrong because the UK traditionally followed parliamentary sovereignty, not judicial independence from the legislature — the UK contributed Parliamentary System and Rule of Law; Option B (USSR) is wrong because the USSR contributed Fundamental Duties and was the inspiration for Five Year Plans; Option C (Japan) is wrong because Japan contributed 'Procedure established by law' (Article 21), not judicial independence.

Correct Answer: D. Twelfth Schedule

• **Twelfth Schedule** = deals with Urban Local Bodies (Municipalities); added by the 74th Amendment Act, 1992 with 18 functional subjects. • **18 subjects** — includes urban planning, regulation of land use, urban forestry, slum improvement, public health and sanitation; states decide how many subjects to actually devolve to municipalities. • 💡 Option A (Eleventh Schedule) is wrong because the Eleventh Schedule deals with Panchayati Raj Institutions (rural local bodies), not Municipalities; Option B (Ninth Schedule) is wrong because the Ninth Schedule protects laws from judicial review — it contains land reform laws added since 1951; Option C (Tenth Schedule) is wrong because the Tenth Schedule is the Anti-Defection Law added by the 52nd Amendment (1985).

Correct Answer: B. United Kingdom

• **United Kingdom** = source of 'Prerogative Writs' (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto); these are judicial tools to enforce rights. • **Two articles** — Article 32 (Supreme Court) and Article 226 (High Courts) empower courts to issue these writs; Article 32 itself is a Fundamental Right (Right to Constitutional Remedies). • 💡 Option A (France) is wrong because France contributed Liberty, Equality, Fraternity (Preamble) and the Republic concept — not the writ system; Option C (USA) is wrong because the USA contributed Fundamental Rights, Judicial Review, and Impeachment — not the prerogative writ system as understood in Indian law; Option D (Germany) is wrong because Germany contributed the suspension of Fundamental Rights during Emergency, not the writ system.

Correct Answer: A. Ninth Schedule

• **Ninth Schedule** = originally added to protect agrarian/land reform laws from judicial review; added by the First Amendment Act, 1951. • **Post-1973 reviewable** — the I.R. Coelho case (2007) established that laws added to the Ninth Schedule after April 24, 1973 (Kesavananda Bharati date) are open to judicial review if they violate the basic structure. • 💡 Option B (Third Schedule) is wrong because the Third Schedule contains forms of Oaths and Affirmations for constitutional functionaries, not protection from judicial review; Option C (Tenth Schedule) is wrong because the Tenth Schedule is the Anti-Defection Law added by the 52nd Amendment (1985); Option D (Sixth Schedule) is wrong because the Sixth Schedule provides for Autonomous District Councils in tribal areas of AMTM states.

Correct Answer: C. Australia

• **Australia** = source of the provision for 'Freedom of Trade, Commerce and Intercourse' (Part XIII, Articles 301–307); ensures a common economic market across India. • **Part XIII** — Article 301 guarantees freedom of trade, commerce, and intercourse throughout India; Parliament and state legislatures can impose reasonable restrictions in public interest. • 💡 Option A (USA) is wrong because the USA's Commerce Clause is different from India's Part XIII formulation — USA contributed Fundamental Rights, Judicial Review, and Impeachment; Option B (Ireland) is wrong because Ireland contributed DPSP, election of President, and nomination of Rajya Sabha members; Option D (UK) is wrong because the UK contributed Parliamentary System, Rule of Law, Single Citizenship, and Prerogative Writs.

Correct Answer: B. Sixth Schedule

• **Sixth Schedule** = covers Tripura (along with Assam, Meghalaya, and Mizoram = AMTM) for tribal administration through Autonomous District Councils (ADCs). • **ADC powers** — ADCs under the Sixth Schedule can make laws on land, forests, use of water, regulation of shifting cultivation, establishment of village administration, and money lending. • 💡 Option A (Fifth Schedule) is wrong because the Fifth Schedule covers Scheduled Areas in states other than AMTM — Tripura is explicitly covered by the Sixth Schedule, not the Fifth; Option C (Seventh Schedule) is wrong because the Seventh Schedule contains the three legislative lists (Union, State, Concurrent) — it does not deal with tribal administration; Option D (Eighth Schedule) is wrong because the Eighth Schedule lists the 22 recognised languages of India, not tribal administrative zones.

Correct Answer: B. Canada

• **Canada** = source of 'Residuary Powers' vesting with the Centre; in India, Parliament can legislate on matters not listed in any of the three lists (Entry 97, Union List). • **India vs. USA/Australia** — in the USA (10th Amendment) and Australia, residuary powers vest with the states; India follows the Canadian model where residuary powers strengthen the Centre. • 💡 Option A (Australia) is wrong because in Australia, residuary powers vest with the states, not the Centre — the opposite of the Indian model; Option C (Switzerland) is wrong because Switzerland has a unique federal system and was not a documented source for Indian residuary powers; Option D (USA) is wrong because the US 10th Amendment explicitly reserves residuary powers for the states, making it the opposite model from Canada/India.

Correct Answer: A. Third Schedule

• **Third Schedule** = contains oaths of secrecy for Ministers, along with all other oaths (office, allegiance) for various constitutional functionaries. • **Secrecy clause** — the oath of secrecy binds Ministers from revealing official information directly or indirectly; violation of this oath can form a ground for dismissal. • 💡 Option B (Second Schedule) is wrong because the Second Schedule deals with salaries, allowances, and privileges of the President, Governors, Judges, and CAG — not oaths of secrecy; Option C (First Schedule) is wrong because the First Schedule lists the names of States and Union Territories of India; Option D (Fourth Schedule) is wrong because the Fourth Schedule allocates seats to States and UTs in the Rajya Sabha.

Correct Answer: C. United Kingdom

• **United Kingdom** = source of the 'Law Making Procedure' in India; India follows the British three-reading system for passing bills. • **Three readings** — First Reading (introduction), Second Reading (principle debate and committee stage), Third Reading (final vote); after both Houses pass, the President gives assent under Article 111. • 💡 Option A (Japan) is wrong because Japan contributed 'Procedure established by law' for Article 21 (personal liberty) — not the legislative procedure in Parliament; Option B (France) is wrong because France contributed Liberty, Equality, Fraternity, and Republic — not the three-reading bill procedure; Option D (USA) is wrong because the USA follows a different legislative procedure involving committee hearings, floor debates, and a conference committee to reconcile bicameral differences.

Correct Answer: B. Second Schedule

• **Second Schedule** = specifies the salaries, allowances, and privileges of the President, Governors, Judges of Supreme Court and High Courts, and the Comptroller and Auditor General (CAG). • **Charged on Consolidated Fund** — these emoluments are 'charged' on the Consolidated Fund of India (not voted by Parliament), ensuring their independence from political pressure. • 💡 Option A (Fourth Schedule) is wrong because the Fourth Schedule allocates seats in the Rajya Sabha to States and Union Territories — not salaries; Option C (Third Schedule) is wrong because the Third Schedule contains the forms of Oaths and Affirmations for constitutional functionaries; Option D (First Schedule) is wrong because the First Schedule lists the names and territorial extent of States and Union Territories of India.