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Thursday, October 24, 2019

Salient Features -Previous years prelims questions analysis

Salient Features

 Which one of the following Schedules of the Constitution of India contains provisions regarding anti defection ?(2014)
(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

First Schedule
1. Names of the States and their territorial jurisdiction.
2. Names of the Union Territories and their extent.
Second Schedule
 Provisions relating to the emoluments, allowances, privileges and so on of:
1. The President of India
2. The Governors of States
3. The Speaker and the Deputy Speaker of the Lok Sabha
4. The Chairman and the Deputy Chairman of the Rajya Sabha
5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states
6. The Chairman and the Deputy Chairman of the Legislative Council in the states
7. The Judges of the Supreme Court
8. The Judges of the High Courts
9. The Comptroller and Auditor-General of India
Third Schedule
Forms of Oaths or Affirmations for:
1. The Union ministers
2. The candidates for election to the Parliament
3. The members of Parliament
4. The judges of the Supreme Court
5. The Comptroller and Auditor-General of India
6. The state ministers
7. The candidates for election to the state legislature
8. The members of the state legislature
9. The judges of the High Courts
Fourth Schedule
Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule
Provisions relating to the administration and control of scheduled areas and scheduled  tribes.
Sixth Schedule
Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule
Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47).
Eighth Schedule
Languages recognized by the Constitution. Originally, it had 14 languages but presently there are 22 languages. They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71 st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.
Ninth Schedule
Acts and Regulations (originally 13 but presently 282) 19 of the state legislatures dealing with land reforms and abolition of the zamindari system and of the. Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
Tenth Schedule
Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
Eleventh Schedule
Specifies the powers, authority and responsibilities ofPanchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.
Twelfth Schedule
Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.

Major Sources of Indian Constitution
Constitution of the United States
  • Preamble
  • Fundamental Rights
  • Federal structure of government
  • Electoral College
  • Independence of the judiciary and separation of powers among the three branches of the government
  • Judicial review
  • President as Supreme Commander of Armed Forces
  • Equal protection under law
British constitution
  • Parliamentary form of government
  • The idea of single citizenship
  • The idea of the Rule of law
  • Writs
  • Institution of Speaker and his role
  • Lawmaking procedure
  • Procedure established by Law
Canadian constitution
  • A quasi-federal form of government 
  • a federal system with a strong central government
  • Distribution of powers between the central government and state governments
  • Residual powers retained by the central government
 Irish constitution (Ireland)
  • Directive Principles of State Policy
  • Nomination of members to Rajya Sabha
  • Method of Election of President
French constitution
  • Republic and the ideals of Liberty, Equality and Fraternity in the Preamble
Australian constitution
  • Freedom of trade and commerce within the country and between the states
  • Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction
  • Concurrent List
Constitution of Soviet Union (USSR)
  • Fundamental Duties under Article 51-A
  • A Constitutionally mandated Planning Commission to oversee the development of the economy
  • Constitution of South Africa
  • Procedure for amendment
  • Election of Rajya Sabha members
Constitution of Germany
  • Emergency powers to be enjoyed by the Union
  • Suspension of Fundamental Rights during emergency.
  • Constitution of Russia
  • Fundamental Duties
  • Idea of Social, Economic, and Political Justice in Preamble
  • Constitution of Japan
  • Procedure Established by Law

Government of India Act 1935

  • Federal Scheme
  • Emergency Provisions
  • Public Service Commissions
  • Office of Governor
  • Judiciary
  • Administrative Details
Important committees of the constituent assembly and their chairmen
  • Ad hoc Committee on the National flag -Rajendra Prasad
  • Advisory Committee on Fundamental Rights-Vallabhbhai Patel
  • Committee on the Functions of the Constituent Assembly-G.V. Mavalankar
  • Committee on Minorities and Tribal and Excluded Areas-Vallabhbhai Patel
  • Committee on the Rules of Procedure-Rajendra Prasad
  • Special Committee to Examine the Draft Constitution-Alladi Krishnaswami Ayyar
  • Provincial Constitution Committee-Vallabhbhai Patel
  • Drafting Committee-B.R. Ambedkar
  • Excluded and Partially Excluded Areas  Sub-Committee-A.V. Thakkar
  • Finance and Staff Committee-Rajendra Prasad
  • Fundamental Rights Sub-Committee-J.B. Kripalani
  • House Committee-B. Pattabhi Sitaramayya
  • Minorities Sub-Committee-H.C. Mukherjee
  • Order of Business Committee-K.M. Munshi
  • States Committee-Jawaharlal Nehru
  • Steering Committee-Rajendra Prasad
  • Union Constitution Committee-Jawaharlal Nehru
  • Union Powers Committee-Jawaharlal Nehru
Consider the following statements:(2018)
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no
judgement can be made on it.
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

Govt mulls putting SC/ST Act in Ninth Schedule of Constitution to insulate it from judicial scrutiny
read full articles:-Here


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