Salient Features of the Constitution: UPSC Previous Year Questions (Polity)

Explanation

Option (a) is correct: The Fifth Schedule of the Constitution of India provides for the administration and control of scheduled areas and tribes in India. It aims to protect the interests of tribal communities and prevent the exploitation of tribal lands and resources. One of the key provisions under the Fifth Schedule is that it restricts the transfer of land from tribal people to non-tribal people in tribal areas, thus safeguarding their land rights and ensuring their protection against land alienation.

Option (b) is incorrect: This would create a local self-governing body in that area that is not specifically tied to the Fifth Schedule, as local self-governance is addressed in other parts of the Constitution, like the Panchayati Raj system.

Option (c) is incorrect: This would convert that area into the Union Territory is incorrect. The Fifth Schedule does not convert any area into a Union Territory; it applies to scheduled areas within existing states.

Option (d) is incorrect: The State having such areas would be declared a Special Category State is incorrect. The Fifth Schedule does not declare a state as a special category state. According to Article 244(1), the President defines Scheduled Areas, and the Governor, after consulting the Tribal Advisory Council (TAC), can make regulations for their governance. These regulations may include restrictions on land transfers to non-tribals, the allocation of land to Scheduled Tribes, and the regulation of money-lending activities involving tribal communities.

Explanation

Option (a) is correct: According to K.K. Aziz "Indian federalism reflects a blend of centralization and decentralization, where the Union Government retains significant authority over the states while respecting the federal structure in principle. The essential features of a federation are - Two Government, division of powers, Written Constitution, Supremacy of Constitution, Rigidity of Constitution, Independent Judiciary and

Option (b) is incorrect: The Union Legislature does have representatives from different states and union territories but it is not a defining feature of federalism. In a federal system, legislative powers are typically divided between different levels of government, with both the centre and states having their own legislative bodies. In India, the Union Legislature and State Legislatures are separate and each has specific powers.

Option (c) is incorrect: The Union Cabinet can indeed have representatives from regional parties, but this does not establish India’s federal nature.

Option (d) is incorrect: Fundamental Rights being enforceable by the courts is a crucial feature of India’s democracy but it is not specifically related to federalism. The enforceability of Fundamental Rights is more about protecting individual liberties rather than directly indicating the federal character of the polity.

Explanation

Statement 1 is incorrect: Basic Structure encompasses basic and core values like federalism, secularism, fundamental rights and democracy which forms bedrock of the Indian Constitution. It cannot be amended by parliament under Art 368. Basic Structure Doctrine is a Judicially innovative doctrine and it was neither defined under Constitution nor it was defined by the Supreme Court or any other court.

Statement 2 is correct: Article 13(2) of the Constitution prohibits the Union or States from enacting laws that violate fundamental rights. Any such law, to the extent of its violation, is deemed void. This provision ensures judicial review to protect citizens’ rights and liberties.

Explanation

The Fifth Schedule of the Constitution governs the administration and control of Scheduled Areas and Scheduled Tribes. Article 244(1) defines these areas as specified by the President. In the landmark Samatha v. State of Andhra Pradesh (1997) case, the Supreme Court ruled that transferring tribal land to private parties, including for mining, is null and void, reinforcing safeguards for tribal rights. The Governor, with advice from the Tribal Advisory Council (TAC), can make regulations for peace and good governance in these areas. These can include restrictions on land transfers, allotments, and money-lending activities involving scheduled tribes.

Explanation

The Ninth Schedule of the Indian Constitution 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. At this time, Jawaharlal Nehru was the Prime Minister of India. He remained in the office from the year 1947 to 1964. This schedule deals with the provisions as to validation of certain Acts and Regulations of the state legislatures primarily dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.

Explanation

The framers of the Indian Constitution decided to guarantee every adult Indian citizen the right to vote. This right is enshrined in both the Constitution and the Representation of the People Act, 1951. Article 326 of the Constitution ensures that every citizen above the age of 18 has the right to vote. Additionally, Section 62 of the Representation of the People Act, 1951, states that the right to vote is available to all individuals who are registered on the electoral roll of a constituency.

Explanation

The Parliamentary System is also referred to as the Cabinet form of Government. It establishes a system of collective responsibility of the executive to the legislative which is directly responsible to the people. Parliamentary system is part of the basic structure of the Constitution. It is through the powers of motions, discussion over budget, etc that the Parliament enforces the responsibility of the executive to itself and to the people ultimately.

Explanation

Statements (a), (b) and (c) are correct:

The Indian Constitution adopts the federal system of Government, but with more tilt towards a unitary system of government. So, every state government does not have power of its own. Thus it is considered as a quasi-federal system. The features of a federation are Two level of Government, Division of powers, Written Constitution, Supremacy of Constitution, Rigidity of Constitution, Independent judiciary, Bicameralism, etc Statement (d) is incorrect: The term "Union of States" is used instead of "Federation of States" for two key reasons:

First, unlike the American federation, India’s union is not based on an agreement among states, and second, states cannot secede from the union. While the union is indestructible, states can be reorganized or have their borders changed by the central government. Dr. B.R. Ambedkar described it as "an indestructible union of destructible states."

Explanation

The Parliamentary system is also known as the Cabinet Government/ Responsible government/ Westminster model of government. It provides for collective responsibility of the executive to the legislature. The features of parliamentary government in India are:

Presence of nominal and real executives Majority party rule Collective responsibility of the executive to the legislature Membership of the ministers in the legislature Leadership of the prime minister or the chief minister Dissolution of the lower House (Lok Sabha or Assembly).

Explanation

The fifth and the sixth schedule of the Constitution of India deals with the provisions related to the protection of the interests of the Scheduled Tribes. Fifth Schedule: Deals with the provisions relating to the administration and control of scheduled areas and scheduled tribes in any state except 4 states of Assam, Meghalaya, Tripura & Mizoram. The Constitution defines Scheduled Areas as the areas defined so by the Presidential notification and are mentioned in the 5th schedule of the Constitution. Sixth Schedule: The 6th Schedule of the Indian Constitution provides special provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. It provides for the organisation of autonomous district and regional councils to safeguard the rights and interests of indigenous tribal communities, with powers over local governance, land, and customary laws.