Class Notes 4 You

1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.  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  Solution:  The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts. Currently, 284 such laws are shielded from judicial review.  The Schedule became a part of the Constitution in 1951, when the document was amended for the first time. The Parliament has the power to place a particular law in the Ninth Schedule of the Constitution of India. The mandate of ninth schedule is to prevent judicial scrutiny but in a landmark ruling in IR Coelho versus State of Tamil Nadu, 2007, the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be ...

a) To provided self-governance  b) To recognize traditional rights  c) To create autonomous regions in tribal areas  d) To free tribal people from exploitation  Solution:  PESA Act is a Central legislation that extends the Provisions of the Panchayats, as given in Part IX of the Constitution to the Fifth Schedule Areas with certain modifications and exemptions. These areas have preponderance of tribal population.  This Act is called "The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996". In short form this is popular as "PESA". The States with Fifth Schedule Areas that are covered under PESA are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The PESA Act was enacted to extend the provisions of 73rd and 74th Amendment Acts to the Fifth Schedule areas. Thus, it was meant to provide institutions of local self-governance in the Scheduled Areas and to reco...

a) part of the Constitution but has no legal effect  b) not a part of the Constitution and has no legal effect either  c) a part of the Constitution and has the same legal effect as any other part  d) a part of the Constitution but has no legal effect independently of other parts Solution:  The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve. The Supreme Court in the Berubari Union case (1960) held that the “Preamble is not a part of the Constitution.” It further said the Preamble can be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning. Later in Kesavanand Bharti case (1973), the Supreme Court reversed its ruling and held that the Preamble is a part of the Constitution and can also be amended under Article 368 of the...

a) government by legislature  b) popular government  c) multi-party government  d) limited government  Solution:  A constitutional government by definition is a limited government. A constitutional government is the one that is defined by the constitution of the country.  Constitution of a country is supreme law of the land; it is empowered with the sovereign authority of the people (we the people) by the framers and the consent of the legislatures of the states.  It is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of citizens.  Ans: (d)

a) Jawaharlal Nehru  b) Lal Bahadur Shastri  c) Indira Gandhi  d) Morarji Desai  Solution:  First Constitutional (Amendment) Act of 1951, introduced the Ninth Schedule in the Constitution of India during the prime-ministership of Jawaharlal Nehru. This amendment made laws placed in Ninth Schedule immune to judicial review, even if they violate any Fundamental Rights. The Ninth Schedule was brought in the Indian Constitution on 18 June 1951 to abolish Zamindari system. The Ninth Schedule contains a list of laws that cannot be challenged in courts.  Out of 284 such laws which are shielded from judicial review, 90 per cent of laws are about agriculture and landholding. Ans: (a)