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Practice paper — Constitution Part X — The Scheduled and Tribal Areas

10 questions · answer key at the end · no time limit

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1.Which Schedule applies to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than Assam, Meghalaya, Tripura and Mizoram?
- (A) Fifth Schedule
- (B) Sixth Schedule
- (C) Seventh Schedule
- (D) Concurrent List
2.According to Article 244, which Schedule applies to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram?
- (A) Fifth Schedule
- (B) Sixth Schedule
- (C) Seventh Schedule
- (D) Union List
3.Does the Fifth Schedule apply to Scheduled Areas in Mizoram under Article 244?
- (A) Yes — the Fifth Schedule applies to Scheduled Areas in Mizoram.
- (B) Only if Parliament enacts a special provision for Mizoram.
- (C) No — Mizoram is excluded from the application of the Fifth Schedule by Article 244(1).
- (D) Not determinable from Article 244.
4.Which Schedule governs the administration of tribal areas of Tripura as per Article 244?
- (A) Fifth Schedule
- (B) Both Fifth and Sixth Schedules
- (C) Seventh Schedule
- (D) Sixth Schedule
5.In Assam, does Article 244 make the Fifth Schedule applicable to Scheduled Tribes throughout the State?
- (A) Yes — the Fifth Schedule applies throughout the State.
- (B) Yes — both Fifth and Sixth Schedules apply throughout the State.
- (C) No — the Sixth Schedule applies, and it applies only to the tribal areas in those States.
- (D) No — neither the Fifth nor the Sixth Schedule applies in those States.
6.Under Article 244A, what power is specifically given to Parliament regarding Assam?
- (A) Parliament may, by law, form within the State of Assam an autonomous State comprising all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule.
- (B) Parliament may create autonomous States anywhere in India irrespective of State boundaries.
- (C) Parliament may direct the State Legislature of Assam to form an autonomous State without a Parliamentary law.
- (D) Parliament may merge Assam with neighboring States to form a larger State.
7.Which of the following bodies may Parliament create for the autonomous State under Article 244A(1)?
- (A) Only an elected Legislature for the autonomous State.
- (B) Only a Council of Ministers for the autonomous State.
- (C) A body to function as a Legislature (elected or partly nominated and partly elected), or a Council of Ministers, or both, with such constitution, powers and functions as may be specified by law.
- (D) Only a nominated advisory council without legislative or executive powers.
8.Under Article 244A(2)(a), Parliament may specify law-making powers for the autonomous State's Legislature. Which of the following best describes that power?
- (A) Parliament may give the autonomous State legislative power only over subjects in the Concurrent List and not the State List.
- (B) Parliament may specify matters in the State List or the Concurrent List with respect to which the autonomous State's Legislature shall have power to make laws for the whole or any part, whether to the exclusion of the Legislature of the State of Assam or otherwise.
- (C) Parliament may only define executive powers but not legislative powers for the autonomous State.
- (D) Parliament may transfer residuary subjects (those not in Union, State or Concurrent Lists) to the autonomous State by this provision.
9.What does Article 244A(2)(c) allow regarding taxation?
- (A) No tax levied by the State of Assam can be assigned to the autonomous State.
- (B) All taxes collected in Assam must be wholly transferred to the autonomous State.
- (C) Only central taxes can be assigned to the autonomous State under this Article.
- (D) Parliament may provide that any tax levied by the State of Assam shall be assigned to the autonomous State insofar as the proceeds thereof are attributable to the autonomous State.
10.Which statement correctly reflects the special provisions about amending laws made under Article 244A relating to clauses (2)(a) or (2)(b), and the law's relation to Article 368?
- (A) Any amendment touching matters in clause (2)(a) or (2)(b) must follow the constitutional amendment procedure under Article 368.
- (B) An amendment relating to matters in clause (2)(a) or (2)(b) has no effect unless passed in each House of Parliament by not less than two-thirds of the members present and voting, and any such law shall not be deemed to be an amendment of the Constitution for the purposes of Article 368 even if it amends the Constitution.
- (C) Such amendments require ratification by a majority of State Legislatures under Article 368 before coming into effect.
- (D) Any modification of these laws is solely at the discretion of the Government of Assam without Parliamentary procedure.

Answer key

1. A2. B3. C4. D5. C6. A7. C8. B9. D10. B

Explanations

1. (A) Article 244(1) states that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than Assam, Meghalaya, Tripura and Mizoram. Hence the Fifth Schedule is applicable in those States.
2. (B) Article 244(2) provides that the provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram. Therefore the Sixth Schedule governs those tribal areas.
3. (C) Article 244(1) explicitly excludes the States of Assam, Meghalaya, Tripura and Mizoram from the application of the Fifth Schedule. Therefore the Fifth Schedule does not apply to Scheduled Areas in Mizoram.
4. (D) Article 244(2) states that the provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram. Thus the Sixth Schedule governs tribal areas of Tripura.
5. (C) Article 244(1) excludes Assam from the application of the Fifth Schedule, while Article 244(2) specifies that the Sixth Schedule applies to the administration of the tribal areas in Assam (and the other listed States). Hence the Sixth Schedule applies only to tribal areas in those States, not the Fifth Schedule throughout the State.
6. (A) Clause (1) expressly authorises Parliament to form within the State of Assam an autonomous State comprising all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule. The power is limited to formation by law within Assam and those specified tribal areas, as stated in clause (1).
7. (C) Clause (1) states Parliament may create (a) a body to function as a Legislature (elected or partly nominated and partly elected), or (b) a Council of Ministers, or both, with such constitution, powers and functions as the law specifies. Thus Parliament can provide either or both institutions by law.
8. (B) Clause (2)(a) permits Parliament to specify matters in the State List or Concurrent List with respect to which the autonomous State's Legislature shall have power to make laws for the whole or any part, and this may be to the exclusion of the Assam Legislature or otherwise. The clause explicitly mentions both State and Concurrent List matters and possible exclusion of Assam's Legislature.
9. (D) Clause (2)(c) expressly allows Parliament to provide that any tax levied by the State of Assam may be assigned to the autonomous State in so far as the proceeds are attributable to the autonomous State. The assignment is limited to the portion of proceeds attributable to that autonomous area.
10. (B) Clause (3) requires that an amendment of such a law insofar as it relates to matters in clause (2)(a) or (2)(b) shall have no effect unless passed in each House of Parliament by not less than two‑thirds of the members present and voting. Clause (4) then provides that any such law shall not be deemed to be an amendment of the Constitution for purposes of Article 368, even if it contains provisions that amend the Constitution.