Indian Polity – Set 58
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📌 Indian Polity • Schedules
Q.1) Which Schedule protects “Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system” from judicial scrutiny?
Ans > Ninth Schedule
- First Amendment Origin: The Ninth Schedule was introduced into the Indian Constitution by the very first Constitutional Amendment Act in 1951. It was brought in by the Jawaharlal Nehru government specifically to protect early agrarian and land reform legislation from judicial interference, as many zamindars were using the Right to Property to repeatedly block these social reforms in court.
- The Article 31B Shield: The existence of the Ninth Schedule is legally anchored by Article 31B of the Constitution. This article dictates that none of the acts, regulations, or provisions placed inside this specific schedule shall be deemed void on the ground that they violate any of the Fundamental Rights guaranteed in Part III of the Constitution.
- The I.R. Coelho Landmark Judgment: For decades, this schedule was completely immune to judicial review. However, in the landmark 2007 I.R. Coelho case, a nine-judge bench of the Supreme Court ruled that this immunity is not absolute. Any laws added to the Ninth Schedule after April 24, 1973 are open to challenge if they violate the “Basic Structure”.
📌 Indian Polity • Schedules
Q.2) Which Schedule contains “Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection”?
Ans > Tenth Schedule
- The “Aaya Ram Gaya Ram” Era: The Tenth Schedule, popularly known as the Anti-Defection Law, was introduced to combat the political instability of the 1960s and 1970s. During this period, legislators frequently changed parties after being elected.
- The 52nd Amendment Integration: This schedule was officially added to the Constitution via the 52nd Amendment Act in 1985 under the Prime Ministership of Rajiv Gandhi. It lays down the specific process by which legislators may be disqualified.
- Exceptions and the 91st Amendment: Initially, the law allowed a “split” in a party if one-third of the members formed a new group. However, the 91st Amendment Act of 2003 eliminated this provision, requiring at least two-thirds of the members to agree to merge with another political party.
📌 Indian Polity • Schedules
Q.3) Which Schedule specifies the “powers, authority and responsibilities of Panchayats”?
Ans > Eleventh Schedule
- Constitutionalization of Rural Governance: The Eleventh Schedule was incorporated into the Constitution by the 73rd Amendment Act in 1992. This was a watershed moment for democratic decentralization in India.
- The 29 Functional Items: This schedule contains exactly 29 subjects over which the Panchayats have administrative control and responsibility, directly tied to rural development.
- Connection to Article 243G: The Eleventh Schedule derives its operational power from Article 243G of the Indian Constitution, explicitly authorizing state legislatures to endow the Panchayats with powers for self-government.
📌 Indian Polity • Schedules
Q.4) Which Schedule specifies the “powers, authority and responsibilities of Municipalities”?
Ans > Twelfth Schedule
- Urban Local Self-Government: The Twelfth Schedule was added to the Constitution by the 74th Amendment Act in 1992 to strengthen urban governance.
- The 18 Administrative Subjects: The Twelfth Schedule contains 18 functional items specifically tailored for urban administration like urban planning, land use regulation, and public health.
- Empowered by Article 243W: The authority for this schedule stems from Article 243W of the Constitution, mandating state legislatures to devolve powers to municipalities.
📌 Indian Polity • Amendments
Q.5) The Tenth Schedule (Anti-defection Law) was added to the Constitution by which Amendment Act?
Ans > 52nd Amendment Act (1985)
- Political Necessity and Rajiv Gandhi’s Government: Following the assassination of Indira Gandhi in 1984, Rajiv Gandhi pushed through the 52nd Amendment Act in 1985 to stabilize Indian politics.
- Presiding Officer’s Ultimate Authority: The amendment made the Speaker or the Chairman the ultimate authority in deciding cases of defection.
- Defining Defection Criteria: The 52nd Amendment strictly defined defection, penalizing members who voluntarily gave up party membership or voted contrary to the party “whip.”
📌 Indian Polity • Amendments
Q.6) The Eleventh Schedule was added to the Constitution by which Amendment Act?
Ans > 73rd Amendment Act (1992)
- The Genesis of Panchayati Raj Day: The 73rd Amendment Act of 1992 officially came into force on April 24, 1993. April 24 is celebrated annually across India as National Panchayati Raj Day.
- Creation of a Three-Tier Structure: Mandated a uniform three-tier system comprising the Gram Panchayat, Panchayat Samiti, and Zila Parishad.
- Mandatory Reservations: Required reservation of seats for SCs/STs in proportion to their population and mandated no less than one-third reservation for women.
📌 Indian Polity • Amendments
Q.7) The Twelfth Schedule was added to the Constitution by which Amendment Act?
Ans > 74th Amendment Act (1992)
- Simultaneous Enactment with Rural Reforms: Passed concurrently with the 73rd Amendment, coming into force on June 1, 1993, to address urban administration and municipal governance (Part IX-A).
- Classification of Urban Local Bodies: Categorized municipalities into Nagar Panchayats, Municipal Councils, and Municipal Corporations.
- Establishment of Wards Committees: Mandated the constitution of Wards Committees within municipalities having a population of three lakh or more.
📌 Indian Polity • Seventh Schedule
Q.8) According to the Seventh Schedule, how many subjects did the Union List originally contain?
Ans > 97
- Domain of National Importance: The Union List originally contained 97 items, ensuring that matters of vital national interest were exclusively controlled by the Central Government.
- Exclusive Parliamentary Jurisdiction: Under Article 246, only Parliament has the exclusive power to make laws regarding subjects in the Union List.
- Key Subjects Included: Includes Defense, Foreign Affairs, Atomic Energy, Railways, Currency, and Census. (Currently numbering 100 subjects functionally).
📌 Indian Polity • Seventh Schedule
Q.9) According to the Seventh Schedule, how many subjects did the State List originally contain?
Ans > 66
- Matters of Local and Regional Concern: Originally comprised 66 subjects deemed best handled at the local level. (Currently 61 subjects after amendments).
- Exclusive State Jurisdiction (With Exceptions): State legislatures have exclusive authority, unless during National Emergency, President’s Rule, or special Rajya Sabha resolutions.
- Crucial Everyday Administrative Subjects: Key items include Public Order, Police, Public Health and Sanitation, Agriculture, and Local Government.
📌 Indian Polity • Seventh Schedule
Q.10) According to the Seventh Schedule, how many subjects did the Concurrent List originally contain?
Ans > 47
- The Principle of Shared Jurisdiction: Originally containing 47 subjects, it fosters cooperative federalism allowing both Centre and States to legislate. (Currently 52).
- The Rule of Central Supremacy: In case of conflict, the Central law prevails over the State law unless the State law received prior Presidential assent.
- The 42nd Amendment Transfer: Shifted five vital subjects from the State List to the Concurrent List: Education, Forests, Weights and Measures, Protection of Wild Animals, and Administration of Justice.
📌 Indian Polity • Eighth Schedule
Q.11) Originally, the Eighth Schedule of the Constitution recognized how many languages?
Ans > 14
- The Foundation of Linguistic Recognition: When adopted in 1950, the Eighth Schedule listed exactly 14 regional languages to recognize incredible linguistic diversity.
- The Original Fourteen: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu, and Urdu.
- Constitutional Significance: Inclusion mandates representation in the Official Language Commission and guides the Union to promote the spread of Hindi by drawing upon these recognized vocabularies.
📌 Indian Polity • Eighth Schedule
Q.12) Which Amendment Act added the languages Bodo, Dogri, Maithili, and Santhali to the Eighth Schedule?
Ans > 92nd Amendment Act (2003)
- The Final Major Linguistic Expansion: Enacted during the Atal Bihari Vajpayee administration, bringing the total number of officially recognized languages to the current 22.
- Geographical Diversity: Bodo (Assam), Dogri (J&K/Himachal), Maithili (Bihar), and Santhali (Jharkhand, Bengal, Odisha, Bihar).
- The Santhali Milestone: The first time an Austroasiatic language (primarily spoken by Santhal indigenous communities) was granted official constitutional status.
📌 Indian Polity • Eighth Schedule
Q.13) Which Amendment Act added the languages Konkani, Manipuri, and Nepali to the Eighth Schedule?
Ans > 71st Amendment Act (1992)
- The Second Linguistic Expansion: Passed in 1992, successfully raising the total number of constitutionally recognized languages from 15 to 18.
- Regional Significance: Konkani (Goa), Manipuri (Manipur), and Nepali (Gorkha heritage in Sikkim/Darjeeling).
- The Nepali Controversy and Resolution: Added despite being the national language of neighboring Nepal, following intense political struggles by the Indian Gorkha community for identity.
📌 Indian Polity • Eighth Schedule
Q.14) Which Amendment Act added the language Sindhi to the Eighth Schedule?
Ans > 21st Amendment Act (1967)
- The First Addition to the Schedule: The 21st Amendment of 1967 holds the historical distinction of being the first time the Eighth Schedule was modified.
- Recognition of Displaced Populations: Sindhi was added to honor and integrate the large Sindhi Hindu refugee population that migrated to India after Partition.
- Linguistic Roots and Scripts: An Indo-Aryan language that can be officially written in both Arabic and Devanagari scripts in India.
📌 Indian Polity • Sources
Q.15) The ideal of “justice—social, economic and political” in the Preamble was borrowed from the:
Ans > Soviet Constitution (USSR)
- The Influence of the Russian Revolution: Heavily influenced by the 1917 Russian Revolution and Soviet Constitution, realizing that political democracy required securing economic and social equality.
- Distributive Justice Framework: Social justice mandates eliminating caste/gender discrimination; Economic justice ensures non-discrimination based on wealth; Political justice guarantees equal government access.
- Execution through DPSPs: This Soviet-inspired ideal is practically implemented through the Directive Principles of State Policy (Articles 38 and 39).
📌 Indian Polity • Sources
Q.16) The ideals of “liberty, equality and fraternity” in the Preamble were borrowed from the:
Ans > French Constitution
- The Echoes of the French Revolution: The trinity of “Liberté, égalité, fraternité” from the 1789 French Revolution was embedded to build individual freedom and universal brotherhood.
- Ambedkar’s Inseparable Trinity: Dr. B.R. Ambedkar argued these concepts form an inseparable union; missing any one destroys the natural course of a democratic society.
- Implementation in Fundamental Rights: Enforced through Part III of the Constitution via freedoms of speech (Liberty), abolition of untouchability (Equality), and single citizenship (Fraternity).
📌 Indian Polity • Sources
Q.17) The concept of “Procedure established by Law” was borrowed from the:
Ans > Japanese Constitution
- The Rejection of American Due Process: Advised by US Justice Felix Frankfurter, India avoided “Due Process” to limit judicial overreach and instead adopted the precise Japanese concept for Article 21.
- Meaning of the Phrase: It strictly dictates that a person can only be deprived of life or liberty according to a valid law passed by a competent legislature.
- The Maneka Gandhi Transformation: In the 1978 Maneka Gandhi case, the Supreme Court radically altered this, ruling the procedure must also be fair, just, and reasonable (blending it with Due Process).
📌 Indian Polity • Sources
Q.18) The “Directive Principles of State Policy” were borrowed from the:
Ans > Irish Constitution
- The Chain of Constitutional Borrowing: Taken directly from the 1937 Constitution of Ireland, which originally borrowed the framework from the older Spanish Constitution.
- The Instrument of Instructions: Compared by Ambedkar to the “Instrument of Instructions” under the Government of India Act of 1935, acting as moral guidelines for the State.
- Non-Justiciable but Fundamental: Housed in Part IV (Articles 36-51), they are non-justiciable but “fundamental in the governance of the country” (Article 37).
📌 Indian Polity • Sources
Q.19) The “Parliamentary government” structure was borrowed from the:
Ans > British Constitution
- The Westminster Model Inheritance: India deliberately chose the British structure over the American system to prioritize governmental accountability and collective responsibility.
- Nominal vs. Real Executive: Adopting a dual executive system with the President as the nominal head and the Prime Minister as the real, functional head of government.
- The Rule of Collective Responsibility: Article 75 mandates that the Council of Ministers is collectively responsible to the Lok Sabha.
📌 Indian Polity • Sources
Q.20) The “Federal Scheme” in the Indian Constitution is largely based on the:
Ans > Government of India Act of 1935
- The Blueprint of the Constitution: Roughly 75% of the Constitution’s administrative provisions, including the Federal Scheme, were heavily adapted from this colonial-era legislation.
- Division of Powers: The 1935 Act introduced a strict division using three lists, which evolved into the modern Union, State, and Concurrent Lists.
- A “Strong Center” Federalism: India’s federalism is “quasi-federal”—a unitary state with subsidiary federal features designed to prevent secession and maintain national unity.
📌 Indian Polity • Sources
Q.21) The “Concurrent List” was a feature borrowed from the:
Ans > Australian Constitution
- Promoting Cooperative Federalism: The Concurrent List creates a shared legislative space to prevent endless legal disputes between the Centre and States.
- Flexibility in Governance: Allows broad national uniformity while permitting states to tweak laws to suit regional needs.
- Other Australian Borrowings: India also borrowed freedom of trade and commerce (Article 301) and the provision for a joint sitting of both Houses of Parliament (Article 108).
📌 Indian Polity • Sources
Q.22) The “Procedure for amendment of the Constitution” was borrowed from the:
Ans > South African Constitution
- A Balance of Rigidity and Flexibility: Framers adopted South Africa’s nuanced procedure to avoid extreme rigidity (USA) or extreme flexibility (Britain).
- The Article 368 Mechanism: Requires a “Special Majority” in both houses to pass major amendments.
- Rajya Sabha Elections Connection: India also borrowed the method for electing members to the Rajya Sabha (proportional representation via single transferable vote) from South Africa.
📌 Indian Polity • Sources
Q.23) The “Suspension of Fundamental Rights during Emergency” was a feature borrowed from the:
Ans > Weimar Constitution of Germany
- The Shadow of the Weimar Republic: Adopted stringently to protect the newly independent nation against armed rebellion and external aggression.
- Articles 358 and 359: Article 358 automatically suspends freedoms under Article 19, and Article 359 gives power to suspend enforcement of other rights.
- The 44th Amendment Safeguards: Post-1975 Emergency, the 44th Amendment permanently prevented the suspension of Articles 20 and 21, even during a severe emergency.
📌 Indian Polity • Drafting
Q.24) The elephant was adopted as the symbol (seal) of which body?
Ans > The Constituent Assembly
- The Official Insignia: Selected unanimously as the official seal to stamp and authenticate official documents of the Constituent Assembly.
- Symbolism of Vastness: Represented the sheer enormity, grandeur, and massive scope of the Indian Constitution, the longest-written national constitution in history.
- Connection to Indian Heritage: The elephant holds deep cultural significance (wisdom, strength, stability), featuring prominently on an outline map of undivided India in the seal.
📌 Indian Polity • Drafting
Q.25) Who served as the Secretary to the Constituent Assembly?
Ans > H.V.R. Iyengar
- The Administrative Backbone: Haravu Venkatanarasimha Varadaraja (H.V.R.) Iyengar managed the massive logistical and administrative machinery for the Assembly over its three-year tenure.
- Managing the Chaos of Transition: Organized schedules, ensured communication, and kept official records during the volatile period of Partition.
- A Stellar Post-Independence Career: Went on to serve as Home Secretary, Secretary of Commerce, and the sixth Governor of the Reserve Bank of India (RBI).
📌 Indian Polity • Drafting
Q.26) Who was the chief draftsman of the constitution in the Constituent Assembly?
Ans > S.N. Mukerjee
- The Unsung Legal Architect: S.N. Mukerjee was the actual Chief Draftsman who translated political decisions into precise legal terminology.
- Ambedkar’s High Praise: Dr. B.R. Ambedkar publicly acknowledged Mukerjee’s unparalleled ability to untangle complicated legal knots quickly.
- Structuring the Document: Mukerjee organized raw ideas from various committees into a coherent, structured legal document divided into Parts, Chapters, and Articles.
📌 Indian Polity • Drafting
Q.27) Who was the calligrapher of the original English version of the Indian Constitution?
Ans > Prem Behari Narain Raizada
- A Master of Italic Style: Prem Behari Narain Raizada handwritten the massive English document in a flowing italic style using specialized imported nibs.
- Six Months of Devotion: It took six months to complete the 395 articles, 8 schedules, and preamble on special parchment paper in Constitution Hall.
- Refusal of Payment: He refused monetary payment, only asking PM Nehru for permission to write his own name on the bottom of every page and his grandfather’s on the last.
📌 Indian Polity • Drafting
Q.28) Who illuminated, beautified, and ornamented the original Preamble calligraphed by Prem Behari Narain Raizada?
Ans > Beohar Rammanohar Sinha
- The Artistic Visionary from Shantiniketan: Entrusted by his teacher Nandalal Bose to decorate the most critical page—the Preamble.
- Designing the Preamble: Sinha designed intricate borders blending classical Indian artistic motifs with republican dignity to surround the English calligraphy.
- The Hidden Signature: Left his permanent mark with a short signature “Ram” elegantly hidden within the floral design at the bottom right corner of the Preamble.
📌 Indian Polity • Drafting
Q.29) Who was the calligrapher of the Hindi version of the original constitution?
Ans > Vasant Krishan Vaidya
- Parallel Linguistic Preservation: The task of Hindi calligraphy was entrusted to Vasant Krishan Vaidya to create an exquisite handwritten Hindi copy.
- Mastery of Devanagari Script: Executed in a flawless, highly stylized Devanagari script, requiring immense concentration for complex legal terminology.
- Artistic Collaboration: Vaidya’s Hindi manuscript was also beautifully illuminated by Nandalal Bose and his Shantiniketan artists.
📌 Indian Polity • Articles
Q.30) Which Article provides for the “Authoritative text in the hindi language”?
Ans > Article 394A
- The 58th Amendment Addition: Article 394A was inserted via the 58th Constitutional Amendment Act in 1987 to address legal ambiguity surrounding the Hindi translation.
- Presidential Mandate: Legally empowers the President to publish the Hindi translation incorporating all subsequent English constitutional amendments.
- Equal Legal Validity: Grants the Hindi translation the exact same legal sanctity as the original English text for all legal purposes and interpretations.
📌 Quick Summary — Indian Polity Set 58
- 9th Schedule: Protects land reforms, anchored by Art 31B (1st Amendment, 1951). Subject to basic structure (I.R. Coelho).
- 10th Schedule: Anti-Defection Law, added by 52nd Amendment (1985).
- 11th Schedule: Powers of Panchayats (29 subjects), 73rd Amendment (1992).
- 12th Schedule: Powers of Municipalities (18 subjects), 74th Amendment (1992).
- 7th Schedule Lists: Union (97 items), State (66 items), Concurrent (47 items).
- 8th Schedule Languages: Originally 14. 21st added Sindhi. 71st added Konkani, Manipuri, Nepali. 92nd added Bodo, Dogri, Maithili, Santhali.
- Borrowed (USSR): Justice—social, economic, political (Preamble).
- Borrowed (France): Liberty, equality, fraternity (Preamble).
- Borrowed (Japan): “Procedure established by Law” (Art 21).
- Borrowed (Ireland): Directive Principles of State Policy (Part IV).
- Borrowed (Britain): Parliamentary government, nominal executive, collective responsibility.
- Borrowed (1935 Act): Federal Scheme, structural blueprint.
- Borrowed (Australia): Concurrent List, Joint Sitting, freedom of trade.
- Borrowed (South Africa): Procedure for Constitutional Amendment (Art 368).
- Borrowed (Weimar Germany): Suspension of Fundamental Rights during Emergency.
- Drafting Trivia: Elephant was Constituent Assembly’s seal.
- Key Persons: H.V.R. Iyengar (Secretary), S.N. Mukerjee (Chief Draftsman).
- Calligraphy & Art: Prem Behari Raizada (English), Vasant Krishan Vaidya (Hindi), Beohar Rammanohar Sinha (Illuminated Preamble).
- Article 394A: Authoritative Hindi text (58th Amendment, 1987).
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