Polity Set 191
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📌 Legislature • Constitution
Q.1) The “Doctrine of Pith and Substance” is primarily used by the Supreme Court to resolve disputes concerning:
Ans > The legislative competence of Parliament versus State Legislatures
- Origin and Constitutional Necessity: The Doctrine of Pith and Substance originated in Canadian constitutional jurisprudence and was explicitly adapted for India under the Government of India Act of 1935. It prevents laws from being declared invalid merely because they accidentally touch upon a subject outside a legislature’s designated jurisdiction.
- Judicial Interpretation and ‘True Nature’: When the Supreme Court applies this doctrine, it examines the “true nature and character” (the pith and substance) of the legislation in question. If the core substance falls within the enacting legislature’s permitted list, incidental encroachment onto another list is ignored.
- Landmark Legal Precedents: A classic application occurred in the landmark case of State of Bombay v. F.N. Balsara. The state law prohibiting liquor was challenged for restricting the import and export of alcohol (a Union subject). The Supreme Court upheld the state law, ruling its true nature was public health.
📌 Fundamental Rights • Property
Q.2) Which Article of the Constitution explicitly guarantees that “no person shall be deprived of his property save by authority of law”?
Ans > Article 300A
- Historical Evolution: Originally, the right to property was a fundamental right under Article 19(1)(f) and Article 31. This created massive judicial roadblocks for the early Indian government trying to implement agrarian land reforms and abolish the Zamindari system.
- The 44th Amendment Act of 1978: To end the endless litigation regarding adequate compensation (seen in cases like Golaknath and Kesavananda Bharati), the Janata Party government passed the 44th Constitutional Amendment, removing the right to property from the list of Fundamental Rights.
- Current Constitutional Status: Today, under Article 300A, the right to property is a constitutional and legal right, but no longer a fundamental right. The executive branch cannot arbitrarily seize property, but the legislature can legally acquire it.
📌 Union vs State • Legislative Power
Q.3) Under the Indian Constitution, the power to legislate on “Residuary Subjects” rests exclusively with:
Ans > The Parliament
- Concept and Constitutional Placement: Residuary powers refer to the authority to frame laws on any subject matter that has not been explicitly mentioned in any of the three lists of the Seventh Schedule. According to Article 248, this exclusive power is firmly vested in the Union Parliament.
- Federal Bias and Global Comparison: Vesting residuary powers in the center highlights the strong unitary bias of the Indian Constitution, borrowed from Canada. This contrasts with the US and Australia, where residuary powers are left to individual states.
- Practical Application: Parliament has utilized Entry 97 of the Union List to enact critical legislation completely unforeseen in 1950, such as the Information Technology Act (2000) and various historical financial laws like Wealth Tax.
📌 Historical Background • 1935 Act
Q.4) During the British era, under the Government of India Act 1935, the residuary powers were vested in the:
Ans > Governor-General (Viceroy)
- The Threefold Enumeration System: The Government of India Act of 1935 introduced a highly detailed threefold division of legislative powers: the Federal List, the Provincial List, and the Concurrent List, attempting to balance power between British authorities and provincial governments.
- The Political Deadlock: A severe disagreement arose during drafting. The Muslim League demanded residuary powers be vested in the provinces for regional autonomy, while the Indian National Congress argued they should be given to the Federal center.
- The Viceroy’s Discretionary Authority: To sidestep the deadlock, the British Parliament vested this extraordinary power exclusively in the Governor-General (Viceroy) of India. The Viceroy had the ultimate discretionary authority to authorize either legislature to enact a law on any residuary subject.
📌 Parliament • State Subjects
Q.5) Article 249 allows the Parliament to make laws on a matter in the State List in the national interest. Such a resolution must be passed by which House and with what majority?
Ans > Rajya Sabha, Special Majority (Not less than two-thirds of members present and voting)
- Role of the Council of States: The Rajya Sabha functions as the constitutional protector of state rights. Article 249 empowers Parliament to legislate on a State List subject, but only if the Rajya Sabha first passes a resolution declaring it is “necessary or expedient in the national interest”.
- The Special Majority Requirement: To prevent arbitrary trampling of state autonomy, the Constitution mandates a very strict voting threshold. The resolution must be supported by a special majority: not less than two-thirds of the Rajya Sabha members currently present and voting.
- Duration and Validity: A resolution under Article 249 remains in force for a maximum of one year (can be renewed). Any law made ceases to have an effect six months after the resolution expires.
📌 Legislative Relations • Repugnancy
Q.6) If a State Legislature passes a law on a Concurrent List subject that is repugnant (contradictory) to a Central law on the same subject, the State law:
Ans > Prevails in that state ONLY if it has received the assent of the President
- The General Rule of Central Supremacy: According to Article 254(1), if a direct conflict (repugnancy) arises between a state law and a central law regarding the same Concurrent subject, the law made by Parliament shall broadly prevail.
- The Presidential Assent Exception: Article 254(2) provides a critical exception. If a state passes a contradictory law, it can still prevail and operate exclusively within that specific state, provided the law was reserved for the President and received their active assent.
- Parliament’s Ultimate Override: Even if a state law receives Presidential assent, the victory is not permanent. Parliament retains the ultimate authority to override this state law at any time by enacting new, overriding legislation on the exact same matter.
📌 State Legislature • Assembly
Q.7) In the context of State Legislatures, what is the minimum strength prescribed for a State Legislative Assembly (Vidhan Sabha)?
Ans > 60
- Constitutional Minimum Threshold: Article 170 mandates that a Legislative Assembly shall consist of not less than 60 members chosen by direct election. This ensures the assembly is large enough to adequately represent the diverse population of the state.
- Geographic and Demographic Exceptions: Because applying the strict 60-member rule would result in absurdly small constituencies in tiny states, exceptions were made under the Article 371 series. For example, Goa and Mizoram are fixed at 40, while Sikkim has 32 members.
- Delimitation and Constituency Sizes: Territorial constituencies are divided so that the ratio between population and allotted seats remains practically the same throughout the state, maintaining the “one person, one vote, one value” principle.
📌 State Legislature • Assembly Limits
Q.8) What is the maximum strength prescribed for a State Legislative Assembly?
Ans > 500
- The Ceiling on Representation: Under Article 170, the Constitution establishes a strict ceiling: no State Legislative Assembly can exceed a maximum strength of 500 directly elected members. This prevents legislative bodies from becoming unwieldy and logistically impossible to manage.
- Uttar Pradesh as the Upper Limit: Currently, Uttar Pradesh holds the largest Legislative Assembly in India with 403 elected members, falling well under the absolute constitutional limit of 500.
- The Freeze on Apportionment: Based on the 84th Amendment Act, the total number of seats in state assemblies has been fundamentally frozen tied to the 1971 census figures. This numeric freeze remains in place until the first census figures are published after 2026.
📌 State Legislature • Council
Q.9) What is the minimum strength prescribed for the Legislative Council?
Ans > 40
- Proportional Limitation: Article 171 dictates a proportional maximum: the total members in the Council cannot exceed one-third of the total members in the state’s Legislative Assembly.
- The Absolute Minimum: The Constitution establishes a hard minimum: the Legislative Council must have at least 40 members to ensure a necessary diversity of expertise and a critical mass required to effectively function as a revising chamber.
- Historical Exception of Jammu & Kashmir: Prior to its reorganization, Jammu & Kashmir operated with a Council of only 36 members (a unique exception under Article 370). Today, all six states with Councils strictly meet the 40-member minimum.
📌 State Legislature • Creation/Abolition
Q.10) When a State Legislative Council is created or abolished under Article 169, the resolution must be passed by the State Legislative Assembly by a:
Ans > Special Majority (Majority of total membership and 2/3rds of those present and voting)
- State-Level Initiative: The Constitution grants the power to initiate the creation or abolition of a Legislative Council exclusively to the state itself, starting in the State Legislative Assembly.
- The Double-Majority Requirement: To ensure the demand reflects a unified and broad-based political consensus rather than a fleeting partisan whim, Article 169 demands a special majority. It requires a majority of the total membership AND a majority of not less than two-thirds of the members present and voting.
- Historical Examples: Andhra Pradesh abolished its Legislative Council in 1985 and successfully recreated it in 2007. Tamil Nadu abolished its upper house in 1986.
📌 Parliament Role • Article 169
Q.11) Which of the following statements about the abolition/creation of a Legislative Council under Article 169 is true?
Ans > The Parliament passes the law by a simple majority, and it is NOT considered a Constitutional Amendment under Article 368.
- Parliament’s Ultimate Authority: Even if a State Assembly passes a resolution with special majority, Parliament has the ultimate definitive decision. Parliament may enact or entirely ignore the state’s resolution.
- Simplicity of the Process: If Parliament agrees, it enacts the necessary law using a mere simple majority in both the Lok Sabha and Rajya Sabha.
- Exemption from Article 368: Article 169 explicitly declares that such parliamentary laws shall not be deemed an amendment to the Constitution for the purposes of Article 368, bypassing complex ratification procedures.
📌 Legislative Process • State Deadlocks
Q.12) In a bicameral State Legislature, if the Legislative Council rejects a non-Money Bill passed by the Legislative Assembly, what happens?
Ans > The Assembly can pass it a second time, and if the Council rejects it again or delays it, the Bill is deemed to have been passed by both Houses.
- Absence of Joint Sittings: Unlike the Union Parliament (Article 108), the Constitution provides absolutely no provision for a joint sitting in a bicameral State Legislature to resolve deadlocks on ordinary bills.
- The Dilatory Nature of the Council: The State Legislative Council acts merely as a dilatory and advisory chamber. It has no absolute power to permanently veto a bill; it can only delay, force a debate, and suggest amendments.
- The Ultimate Supremacy of the Assembly: If a deadlock occurs, the Assembly simply passes the bill a second time. Once transmitted to the Council again, the will of the directly elected lower house is constitutionally guaranteed to prevail.
📌 Legislative Process • Ordinary Bills
Q.13) What is the maximum period the State Legislative Council can delay an ordinary bill in the first instance?
Ans > 3 months
- The Three-Month Cooling-Off Period: Under Article 197, when an ordinary bill originates in the Assembly and is sent to the Council, the maximum period the Council can delay it in the first instance is strictly limited to three months.
- Purpose of the Delay Mechanism: This window acts as a constitutional “cooling-off” period, preventing the Assembly from rushing hasty legislation and allowing experts in the Council to critically analyze the law.
- Triggering the Second Passage: If the three months expire without passage, a formal legislative deadlock is recognized, empowering the Assembly to pass the bill for a second time.
📌 Legislative Process • Ordinary Bills
Q.14) If the Assembly passes the bill a second time and sends it to the Council, what is the maximum period the Council can delay it in the second instance?
Ans > 1 month
- The Final Month of Delay: Once the Assembly passes a disputed ordinary bill for a second time, the Council’s delaying power is severely curtailed to a maximum period of one month under Article 197.
- The Four-Month Absolute Limit: Combining the first instance (3 months) and second instance (1 month), the absolute maximum time a State Legislative Council can stall an ordinary bill is four months.
- The “Deemed Passed” Provision: If the Council fails to pass it within that final month or rejects it again, the bill is formally “deemed to have been passed” by both Houses in the form passed by the Assembly the second time.
📌 State Legislature • Money Bills
Q.15) What is the maximum period a State Legislative Council can delay a Money Bill?
Ans > 14 days
- Exclusive Domain of the Assembly: Article 198 mandates that a Money Bill can only be introduced in the Legislative Assembly, ensuring control over the state treasury remains exclusively with directly elected representatives.
- The 14-Day Review Window: Once passed by the Assembly, the Council has an extremely tight constitutional deadline of exactly 14 days to review it. The Council cannot reject or formally amend a Money Bill; it can only suggest recommendations.
- Assembly’s Absolute Financial Power: The Assembly can accept or reject any recommendations. If the Council fails to return it within 14 days, the bill is legally deemed to have been passed in its original form.
📌 Governor • Veto Power
Q.16) If a bill passed by the state legislature endangers the position of the State High Court, the Governor:
Ans > Is constitutionally bound to reserve the bill for the consideration of the President
- Protecting Judicial Independence: Article 200 outlines the Governor’s options. If a state bill contains provisions endangering the position or powers of the State High Court, the Governor has no discretion; they must reserve it for the President.
- Safeguarding the Integrated Judiciary: India has a single, unified judicial hierarchy. This provision ensures hostile state legislatures cannot unilaterally strip away the powers of the High Court.
- Discretionary Reservation Powers: The Governor also has discretionary powers to reserve other bills that are unconstitutional, oppose Directive Principles, or deal with compulsory acquisition of property under Article 31A.
📌 Governor • Presidential Assent
Q.17) When a State Bill is reserved for the President’s consideration, what is the role of the Governor if the President directs the bill to be returned for reconsideration?
Ans > The Governor presents the President’s message to the legislature
- The Presidential Veto over States: Under Article 201, the President possesses an absolute veto over reserved state legislation. For non-Money Bills, the President may direct the Governor to return the bill to the State Legislature for reconsideration.
- The Governor as the Conduit: The Governor acts strictly as a constitutional messenger and administrative conduit. They have no independent authority to modify or veto the President’s directive.
- The Six-Month Reconsideration Window: The State Legislature must reconsider the bill within six months. Even if passed again and returned, the President is still not bound to give assent.
📌 Fifth Schedule • Scheduled Areas
Q.18) The Fifth Schedule applies to the administration of Scheduled Areas and Scheduled Tribes. Which official is empowered to declare an area as a “Scheduled Area”?
Ans > The President of India
- The President’s Executive Prerogative: Under the Fifth Schedule (Article 244(1)), the exclusive authority to declare any geographical territory as a “Scheduled Area” is squarely in the hands of the President of India via executive order.
- Criteria for Declaration: Criteria typically rely on the Dhebar Commission report: a preponderance of tribal population, compactness of the area, a viable administrative entity, and economic backwardness.
- Alteration and Revocation Powers: The President can also increase the size, alter boundaries, or completely revoke Scheduled Area status in consultation with the Governor of the respective state.
📌 Fifth Schedule • Governor’s Role
Q.19) Under the Fifth Schedule, how frequently must the Governor submit a report to the President regarding the administration of Scheduled Areas?
Ans > Annually (or whenever required by the President)
- Direct Accountability to the Union: In states containing Scheduled Areas, the Fifth Schedule mandates that the Governor must submit a comprehensive administrative report to the President annually, or whenever demanded.
- Content and Significance: This report details the socioeconomic conditions and welfare programs of tribal areas. It helps the Union monitor how effectively tribal rights are being shielded from exploitation.
- Executive Power of the Union: Based on this report, the Union Government is constitutionally empowered to give direct executive directions to the state government regarding the administration of those areas.
📌 Fifth Schedule • TAC
Q.20) Under the Fifth Schedule, a Tribes Advisory Council (TAC) must be established in states having Scheduled Areas. What is the maximum number of members a TAC can have?
Ans > 20
- Mandatory Participatory Mechanism: The Fifth Schedule requires a TAC in every state with Scheduled Areas. The President can also direct its creation in states with significant ST populations even without declared Scheduled Areas.
- Composition and Representation: The Constitution caps the TAC at a maximum of 20 members. A strict quota dictates that three-fourths (up to 15) must be elected representatives of the STs in the State Legislative Assembly.
- Advisory Role to the Governor: The TAC advises the Governor on matters of welfare and advancement of STs. The Governor must consult the TAC before making specific regulations, like prohibiting tribal land transfer.
📌 Sixth Schedule • State Application
Q.21) The Sixth Schedule applies to tribal areas in four specific northeastern states. Which are they?
Ans > Assam, Meghalaya, Tripura, Mizoram
- The Rationale for Separate Treatment: Under Article 244(2), the Sixth Schedule provides a highly autonomous administrative framework for tribal areas in Assam, Meghalaya, Tripura, and Mizoram (AMTM). These tribes remained isolated and had not assimilated like central Indian tribes.
- Preserving Distinct Civilizations: Designed by the Bordoloi Committee as a “Constitution within a Constitution,” it protects the highly developed cultural identities and traditional self-governance systems that pre-dated British rule.
- Exclusion of Other States: Other northeastern states with heavy tribal populations like Nagaland, Arunachal Pradesh, and Manipur are not covered under the Sixth Schedule but are governed by Article 371 series provisions.
📌 Sixth Schedule • Governor’s Power
Q.22) Under the Sixth Schedule, the tribal areas are constituted as autonomous districts. Who has the power to organize, reorganize, or alter the boundaries of these autonomous districts?
Ans > The Governor of the State
- Executive Authority of the State: Unlike the Fifth Schedule (Presidential power), the Sixth Schedule vests the power to organize and manage territorial boundaries of autonomous districts directly in the Governor of the state.
- Broad Powers of Reorganization: Without a parliamentary act or state assembly resolution, the Governor can officially include/exclude areas, unite districts, alter names, or redefine geographic boundaries based on administrative needs.
- Managing Multiple Tribes: If a single district hosts multiple distinct tribes, the Governor is uniquely empowered to physically divide the district into separate autonomous regions to protect minority tribes.
📌 Sixth Schedule • District Council
Q.23) Each autonomous district under the Sixth Schedule has a District Council. What is the maximum number of members in a District Council?
Ans > 30
- Composition and Democratic Mandate: The Constitution caps membership of District Councils at a maximum of 30 members. Typically, 26 members are directly elected on universal adult franchise, while 4 are nominated by the Governor.
- Term and Functioning: Elected members serve a standard five-year term, while nominated members serve strictly at the pleasure of the Governor. These function as mini-parliaments.
- Vast Legislative and Judicial Powers: District Councils hold vast authority over land allotment, forest management, shifting cultivation, marriage customs, and can physically try judicial suits between tribal parties.
📌 Panchayati Raj • Exceptions
Q.24) The 73rd Amendment Act added Part IX to the Constitution. The provisions of this Part (Panchayats) do NOT apply to which of the following states?
Ans > Nagaland, Meghalaya, and Mizoram
- Constitutional Exclusions: Article 243M explicitly outlines areas where the standard provisions of Part IX (the Panchayati Raj system) fail to apply. The entire states of Nagaland, Meghalaya, and Mizoram are universally exempted.
- Protecting Traditional Governance: These specific northeastern states already possess robust, highly functional traditional tribal council systems (like Village Councils in Nagaland). Imposing a westernized Panchayat structure would disrupt customary laws.
- Other Exempted Geographies: Scheduled Areas (5th Schedule), Tribal Areas (6th Schedule), hill areas of Manipur, and the Darjeeling district of West Bengal are also explicitly excluded from standard Panchayat laws.
📌 Local Government • PESA Act
Q.25) The PESA Act (1996) was enacted to extend the provisions of Part IX to the Scheduled Areas. Under PESA, the reservation of seats for Scheduled Tribes at all tiers of Panchayats shall not be less than:
Ans > One-half (50%) of the total seats
- Bridging the Constitutional Gap: To prevent millions in central India’s 5th Schedule areas from lacking formal local self-government, Parliament enacted the PESA Act (1996), extending modified Panchayat provisions based on the Bhuria Committee recommendations.
- Robust Reservation Guarantees: PESA mandates that the reservation of seats for Scheduled Tribes at every single tier of the Panchayat system shall absolutely never be less than one-half (50%) of the total seats.
- Complete Control of Leadership: PESA guarantees that 100% of Chairperson positions at all levels of Panchayats in Scheduled Areas are exclusively reserved for STs, establishing the Gram Sabha as the supreme nucleus of power.
📌 Urban Local Bodies • Metropolitan Areas
Q.26) The 74th Amendment Act added Part IX-A regarding Municipalities. An urban area with a population of 10 lakhs (one million) or more is categorized as a:
Ans > Metropolitan Area
- Constitutional Definition: Article 243P(c) of Part IX-A defines a “Metropolitan area” as an area having a population of ten lakhs (one million) or more, comprised in one or more districts, consisting of two or more Municipalities or Panchayats.
- Governor’s Notification: Transition into a Metropolitan area requires a formal public notification by the Governor, legally grouping fragmented local bodies into a cohesive zone for macro-level planning.
- Metropolitan Planning Committee (MPC): Because these areas involve highly complex, overlapping jurisdictions, Article 243ZE mandates the creation of a Metropolitan Planning Committee to draft a comprehensive integrated development plan.
📌 Municipalities • 12th Schedule
Q.27) According to Article 243W, the State Legislature may endow Municipalities with powers and responsibilities. The 12th Schedule lists the functional items for Municipalities. How many items are listed?
Ans > 18
- Functional Devolution: The 74th Constitutional Amendment introduced the 12th Schedule, linking directly to Article 243W. It provides an authoritative list of 18 functional items state legislatures can devolve to urban local bodies.
- Scope of Responsibilities: The 18 items encompass specialized urban issues such as urban town planning, regulation of land use, public health, solid waste management, urban fire services, and slum upgrading.
- Discretionary Nature of Devolution: Unlike mandatory elections, devolving these 18 subjects is not automatically binding. State Legislatures have broad discretion to decide exactly which powers they transfer, causing immense state-to-state variation.
📌 Urban Local Bodies • Wards Committees
Q.28) Who constitutes the Wards Committees in a Municipality having a population of three lakhs or more?
Ans > The State Legislature by law
- Further Decentralization: Article 243S mandates the constitution of Wards Committees in any municipality boasting a population of three lakhs (300,000) or more, ensuring civic administration remains accessible in sprawling urban zones.
- Composition and Territorial Scope: A Wards Committee represents one or more wards. The Constitution deliberately leaves the exact composition and territorial limits flexible.
- The Role of the State Legislature: The ultimate authority lies entirely with the State Legislature. Under Article 243S, the State Legislature must pass a specific law detailing the composition, powers, and functional responsibilities of these committees.
📌 Local Finance • State Finance Commission
Q.29) The Constitution (Article 243Y) mandates that the Finance Commission constituted for Panchayats shall also review the financial position of Municipalities. Which body constitutes this State Finance Commission?
Ans > The Governor of the State
- Constitutional Mandate and Timeline: To establish financial safeguards for local self-government, Articles 243-I and 243Y mandate that the Governor of a state must constitute a State Finance Commission (SFC) every five years.
- Core Responsibilities and Recommendations: The SFC functions as an independent economic arbiter, making binding recommendations to the Governor regarding the distribution of net tax proceeds and identifying assigned taxes for local bodies.
- Integration with the Union Finance Commission: The Central Finance Commission (Article 280) makes national-level recommendations to augment state funds based entirely on the specific reports generated by these State Finance Commissions.
📌 Anti-Defection • Constitutional Amendments
Q.30) Which Constitutional Amendment Act mandated that a Minister disqualified under the Anti-Defection Law (Tenth Schedule) is also disqualified from being appointed as a Minister for the remainder of their term?
Ans > 91st Amendment Act (2003)
- Closing the Defection Loopholes: The original Anti-Defection Law (52nd Amendment) penalized defectors by stripping their seats, but a massive loophole allowed defecting MLAs to resign, bring down governments, and be rewarded with unelected Ministerial berths.
- The Double Penalty Mechanism: The 91st Amendment Act of 2003 introduced Articles 75(1B) and 164(1B). These mandate that any member disqualified under the Tenth Schedule is simultaneously disqualified from being appointed as a Minister.
- Limiting Jumbo Cabinets: The 91st Amendment also tackled “jumbo cabinets” by strictly capping the total size of the Council of Ministers at a maximum of 15% of the total strength of the Lok Sabha or the State Legislative Assembly.
📌 Quick Summary — Polity Set 191
- Pith and Substance: Resolves legislative competence disputes between Parliament and States.
- Right to Property: Reclassified to a legal right under Article 300A via the 44th Amendment.
- Residuary Subjects: Exclusive power to legislate rests with the Union Parliament.
- 1935 Act Residuary Powers: Vested entirely in the discretion of the Governor-General (Viceroy).
- Article 249: Requires a Rajya Sabha Special Majority (2/3rds present & voting) to legislate on State List.
- Repugnancy: State law prevails over Central law on a Concurrent subject ONLY if it receives Presidential assent.
- Vidhan Sabha Minimum: Prescribed constitutional minimum is 60 members.
- Vidhan Sabha Maximum: Prescribed constitutional maximum is 500 members.
- Legislative Council Minimum: Must have at least 40 members to function effectively.
- Creating/Abolishing Councils: State Assembly must pass the resolution with a Special Majority.
- Parliament’s Role in Art 169: Enacts the council creation law via Simple Majority (Not considered Art 368 amendment).
- Council Rejects Bill: Assembly passes it twice, and it is deemed passed regardless of the Council.
- First Instance Delay: Council can delay an ordinary bill for a maximum of 3 months.
- Second Instance Delay: Council can only delay an ordinary bill for an additional 1 month.
- Money Bill Delay: Legislative Council can delay a Money Bill for a maximum of 14 days.
- High Court Bills: Governor is constitutionally bound to reserve bills endangering the High Court.
- Presidential Returns: Governor merely presents the President’s message back to the legislature.
- Scheduled Areas: The President of India holds the power to declare an area as a “Scheduled Area”.
- Governor’s Fifth Schedule Report: Must be submitted annually to the President of India.
- Tribes Advisory Council: Maximum 20 members (3/4ths must be ST MLAs).
- Sixth Schedule States: Exclusively covers Assam, Meghalaya, Tripura, and Mizoram.
- Autonomous Districts: The State Governor alters or reorganizes territorial boundaries.
- District Council Membership: Maximum of 30 members (26 elected, 4 nominated).
- Part IX Exemptions: Panchayati Raj does not apply to Nagaland, Meghalaya, and Mizoram.
- PESA Act Reservation: Guarantees a minimum 50% reservation for STs at all Panchayat tiers.
- Metropolitan Area: Officially categorized as having a population of 10 lakhs (one million) or more.
- 12th Schedule: Lists 18 functional items that can be devolved to Municipalities.
- Wards Committees: Constituted strictly by a law enacted by the State Legislature.
- State Finance Commission: Constituted every 5 years by the Governor of the State.
- 91st Amendment (2003): Defectors are automatically disqualified from holding Ministerial posts.
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