UPSC STATIC QUIZ – Polity : 6 May 2024

• First Schedule — Names of the States and their territorial jurisdiction; Names of the Union Territories and their extent.
• Second Schedule — Provisions relating to the emoluments, allowances, privileges and so on of President, Governor, Judges etc.
• Third Schedule — Forms of Oaths or Affirmations for MPs, Ministers, Constitutional functionaries etc.
• Fourth Schedule – Allocation of seats in the Rajya Sabha to the states and the union territories.
• Fifth Schedule – Provisions relating to the administration and control of scheduled areas and scheduled tribes.
• Sixth Schedule – Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
• Seventh Schedule – Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List).
• Eighth Schedule – Languages recognized by the Constitution.
• Ninth schedule – Acts & regulation of states dealing with the land reforms & abolition of zamindari system and of the Parliament dealing with other matters. This schedule 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. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
• Tenth schedule – Anti-defection provisions
• Eleventh schedule – powers, authority and responsibilities of Panchayat
• Twelfth schedule – powers, authority and responsibilities of Municipalities

Solution: c)

Statement 4 is incorrect.

The Delhi High Court has ruled that the United Nations is not a State under Article 12 of the Constitution of India and is not amenable to its jurisdiction under Article 226 of the Constitution.

According to Article 12 of the Constitution of India the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

The Indian Constitution mandates that the Indian State be secular. According to the Constitution, only a secular State can realise its objectives to ensure the following:

1. that one religious community does not dominate another;
2. that some members do not dominate other members of the same religious community;
3. that the State does not enforce any particular religion nor take away the religious freedom of individuals.

Solution: d)

Section 123 of the RPA, 1951 defines ‘corrupt practices’ to include bribery, undue influence, false information, and promotion or attempted promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.

Section 123 (2) deals with ‘undue influence’ which it defines as “any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the consent of the candidate or his election agent, with the free exercise of any electoral right.”

The expression “office of profit” has not been defined in the Constitution or in the Representation of the People Act, 1951.

In addition to the making of the Constitution and enacting of ordinary laws, the Constituent Assembly also performed the following functions:

1. It ratified the India’s membership of the Commonwealth in May 1949.
2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24, 1950.
4. It adopted the national song on January 24, 1950.
5. It elected Dr Rajendra Prasad as the first President of India on January 24, 1950