Emergency Provisions and Amendment Process — UPSC Prelims practice questions

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Question 1

With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule, consider the following statements:
Statement I: The State Government loses its executive power in such areas and a local body assumes total administration.
Statement II: The Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.
Which of the statements given above is/are correct? (A) Statement I only (B) Statement II only (C) Both Statement I and Statement II (D) Neither Statement I nor Statement II

Accepted Answer

(D) Neither Statement I nor Statement II — Correct. Statement I is incorrect because the State Government does not lose executive power. Statement II is incorrect because the Fifth Schedule does not provide for Union takeover of total administration on gubernatorial recommendation.

Question 2

Consider the following subjects under the Constitution of India:
1. List I — Union List, in the Seventh Schedule
2. Extent of the executive power of a State
3. Conditions of the Governor's office
For a constitutional amendment with respect to which of the above is ratification by the Legislatures of not less than one-half of the States required before the bill is presented to the President for assent? (A) 1 and 2 only (B) 2 and 3 only (C) 1 and 3 only (D) 1, 2 and 3

Accepted Answer

(A) 1 and 2 only — Correct. Ratification by at least half of the State Legislatures is required for amendments affecting the Seventh Schedule (which includes the Union List) and the extent of executive power of the States. These are federal provisions requiring broader consent.

Question 3

Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam':
1. Its provisions will come into effect from the 18th Lok Sabha.
2. It will be in force for 15 years after becoming an Act.
3. It provides reservation of seats for Scheduled Caste women within the quota reserved for Scheduled Castes.
Which of the statements given above is/are correct? (A) 1, 2 and 3 (B) 1 and 2 only (C) 2 and 3 only (D) 1 and 3 only

Accepted Answer

(C) 2 and 3 only — Correct. The reservation is to remain in force for 15 years (Statement 2), and the 106th Amendment explicitly provides reservation for Scheduled Caste women within the SC quota (Statement 3). Statement 1 is incorrect as the timing depends on delimitation.

Question 4

The Constitution (71st Amendment) Act, 1992 amended the Eighth Schedule to the Constitution to include which of the following languages?
1. Konkani
2. Manipuri
3. Nepali
4. Maithili
Select the correct answer using the code given below: (A) 1, 2 and 3 (B) 1, 2 and 4 (C) 1, 3 and 4 (D) 2, 3 and 4

Accepted Answer

(A) 1, 2 and 3 — Correct. The 71st Amendment (1992) added Konkani, Manipuri and Nepali to the Eighth Schedule, raising the number of scheduled languages from 15 to 18.

Question 5

As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of:
1. Addition
2. Variation
3. Repeal
Select the correct answer using the code given below: (A) 1 and 2 only (B) 2 and 3 only (C) 1 and 3 only (D) 1, 2 and 3

Accepted Answer

(D) 1, 2 and 3 — Correct. Article 368 expressly states that Parliament may amend the Constitution by way of addition, variation or repeal of any provision, subject to the procedure laid down in that article.

Question 6

Consider the following statements:
1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President, it is obligatory for the President to give assent.
3. A Constitution Amendment Bill must be passed by both Houses by a special majority and there is no provision for joint sitting.
Which of the statements given above is/are correct? (A) 1 and 2 only (B) 2 and 3 only (C) 1 and 3 only (D) 1, 2 and 3

Accepted Answer

(B) 2 and 3 only — Correct. Under Article 368, once a Constitution Amendment Bill is duly passed and presented, the President shall give assent — there is no discretion to withhold it (Statement 2). There is no provision for a joint sitting in case of disagreement between the two Houses on such a bill (Statement 3).

Question 7

If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence? (A) This would prevent the transfer of land of tribal people to non-tribal people (B) This would create a local self-governing body in that area (C) This would convert that area into a Union Territory (D) The State having such areas would be declared a Special Category State

Accepted Answer

(A) This would prevent the transfer of land of tribal people to non-tribal people — Correct. The Fifth Schedule empowers the Governor to make regulations prohibiting or restricting the transfer of land by or among members of Scheduled Tribes in Scheduled Areas. The primary protective purpose is to prevent alienation of tribal land to non-tribals.

Question 8

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (A) Third Schedule (B) Fifth Schedule (C) Ninth Schedule (D) Twelfth Schedule

Accepted Answer

(B) Fifth Schedule — Correct. The Fifth Schedule allows the Governor to make regulations for the peace and good governance of Scheduled Areas, including regulations restricting or prohibiting the transfer of land by or among members of Scheduled Tribes. This is the constitutional basis for declaring such transfers void.

Question 9

Consider the following statements:
1. The 44th Amendment introduced an article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court struck down the 99th Amendment as violative of the independence of judiciary.
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

Accepted Answer

(B) 2 only — Correct. The Supreme Court in the NJAC case (Supreme Court Advocates-on-Record Association v. Union of India, 2015) struck down the 99th Amendment and the National Judicial Appointments Commission Act as violative of the independence of the judiciary, a part of the basic structure.

Question 10

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of: (A) Jawaharlal Nehru (B) Lal Bahadur Shastri (C) Indira Gandhi (D) Morarji Desai

Accepted Answer

(A) Jawaharlal Nehru — Correct. The Ninth Schedule was inserted by the Constitution (First Amendment) Act, 1951, enacted during Jawaharlal Nehru's prime ministership to protect land reform laws from Fundamental Rights challenges.

Question 11

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then: (A) The assembly of the State is automatically dissolved. (B) The powers of the Legislature of that State shall be exercisable by or under the authority of Parliament. (C) Article 19 is suspended in that State. (D) The President can make laws relating to that State.

Accepted Answer

(B) The powers of the Legislature of that State shall be exercisable by or under the authority of Parliament. — Correct. Under Article 356, the President may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament. Parliament may delegate this power or exercise it directly.

Question 12

Consider the following statements:
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 judgment 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

Accepted Answer

(A) 1 only — Correct. Parliament can place laws in the Ninth Schedule through a constitutional amendment. However, after the Supreme Court's ruling in I.R. Coelho v. State of Tamil Nadu (2007), laws inserted after 24 April 1973 remain subject to judicial review if they violate the basic structure.

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