All questions of Previous year Papers for BPSC (Bihar) Exam

A draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947, which was debated and over 2000 amendments were moved over a period of two years. Finally on 26 November 1949, the process was completed and the Constituent Assembly adopted the Constitution.

Explanation:

The Macro-Economic Framework Statement is a document presented by the Finance Minister along with the budget. This document is mandated by the provisions of the Fiscal Responsibility and Budget Management Act, 2003.

The following are the reasons why the Macro-Economic Framework Statement is presented:

1. Mandate of the Fiscal Responsibility and Budget Management Act, 2003: The Fiscal Responsibility and Budget Management Act, 2003 mandates the presentation of the Macro-Economic Framework Statement along with the budget. This act was enacted to ensure fiscal discipline, transparency and accountability in the management of public finances.

2. To provide an overview of the macroeconomic scenario: The Macro-Economic Framework Statement provides an overview of the macroeconomic scenario of the country. It presents the macroeconomic projections, fiscal policy strategy, and financial sector reforms envisaged in the budget.

3. To assess the impact of policies and programmes: The Macro-Economic Framework Statement assesses the impact of policies and programmes on the macroeconomic scenario. It also identifies the risks and challenges that may affect the achievement of the macroeconomic targets.

4. To facilitate informed decision-making: The Macro-Economic Framework Statement provides information to the Members of Parliament and the public about the macroeconomic scenario and the government's fiscal policy strategy. This facilitates informed decision-making on the budget.

In conclusion, the presentation of the Macro-Economic Framework Statement is mandated by the Fiscal Responsibility and Budget Management Act, 2003. This document provides an overview of the macroeconomic scenario, assesses the impact of policies and programmes, identifies risks and challenges, and facilitates informed decision-making on the budget.

The correct answer is "D" bcz secular means that doesn't take into account any specific religion. Thus, a secular state is one, which has no religion of its own and there is no religion based discrimination or authority.

Dr. Sachchidananda Sinha was the first chairman (temporary) of Constituent Assembly. Later Dr. Rajendra Prasad was elected as the president and Its vice-president was Harendra Coomar Mookerjee, a Christian from Bengal and former vice-chancellor of Calcutta University.

Lotus (Nelumbo Nucifera Gaertn) is the National Flower of India. It is a sacred flower and occupies a unique position in the art and mythology of ancient India and has been an auspicious symbol of Indian culture since time immemorial.

Forms of Democracy

There are several forms of democracy, but two of the most common forms are direct and indirect democracy.

Direct Democracy

Direct democracy is a form of democracy in which citizens have a direct say in the decision-making process of the government. In a direct democracy, citizens vote on policies and laws directly, rather than electing representatives to do so on their behalf.

Indirect Democracy

Indirect democracy is a form of democracy in which citizens elect representatives to make decisions on their behalf. These representatives are responsible for making policies and laws, and they are held accountable to the citizens who elected them.

Difference between Direct and Indirect Democracy

The main difference between direct and indirect democracy is the level of citizen participation in the decision-making process. In a direct democracy, citizens have a more direct say in the decision-making process, while in an indirect democracy, citizens elect representatives to make decisions on their behalf.

Other Forms of Democracy

Other forms of democracy include:

- Parliamentary democracy: a form of democracy in which the executive branch is accountable to the legislature, and the head of government is usually the leader of the majority party or coalition in the legislature.
- Presidential democracy: a form of democracy in which the executive branch is separate from the legislature, and the head of government is usually directly elected by the people.
- Monarchical democracy: a form of democracy in which a monarch, usually a king or queen, serves as the head of state, but the government is still subject to the will of the people.
- Republic democracy: a form of democracy in which the head of state is usually a president, and the government is based on the rule of law and the will of the people.

Conclusion

In conclusion, while there are several forms of democracy, the two most common forms are direct and indirect democracy. Direct democracy involves citizens having a direct say in the decision-making process of the government, while indirect democracy involves citizens electing representatives to make decisions on their behalf. Other forms of democracy include parliamentary, presidential, monarchical, and republic democracy.

On August 2, 1858, less than a month after Canning proclaimed the victory of British arms, Parliament passed the Government of India Act, transferring British power over India from the East India Company, whose ineptitude was primarily blamed for the mutiny, to the crown. The merchant company’s residual powers were vested in the secretary of state for India, a minister of Great Britain’s cabinet, who would preside over the India Office in London and be assisted and advised, especially in financial matters, by a Council of India, which consisted initially of 15 Britons, 7 of whom were elected from among the old company’s court of directors and 8 of whom were appointed by the crown. Though some of Britain’s most powerful political leaders became secretaries of state for India in the latter half of the 19th century, actual control over the government of India remained in the hands of British viceroys—who divided their time between Calcutta (Kolkata) and Simla (Shimla)—and their “steel frame” of approximately 1,500 Indian Civil Service (ICS) officials posted “on the spot” throughout British India.

In India, the concept-of single citizenship is adopted from England.

Nepali

(Correct Option:- B, Planning Commission was a extra Constitutional Body)
Non Constitutional or Extra Constitutional bodies are the same. These bodies aren't defined in the Constitution of the country.

The National Anthem of India, "Jana Gana Mana", was first sung on 27th December 1911 in Calcutta (now Kolkata) at the Indian National Congress session. The song was composed by Rabindranath Tagore, who had earlier written it in Bengali and later translated it into Hindi and Urdu.

Details of the National Anthem's first performance:

- The session of the Indian National Congress was held at the Calcutta (now Kolkata) session of the All India Muslim League.
- Tagore was requested by the Congress to compose a song that would be sung at the beginning of every session.
- Tagore wrote the song in Bengali and it was later translated into Hindi and Urdu.
- On 27th December 1911, "Jana Gana Mana" was sung for the first time at the Congress session, with Tagore himself leading the singing.
- The song quickly became popular and was soon adopted as the national anthem of India.

Significance of the National Anthem:

- The National Anthem is a symbol of national pride and unity, and is played at all important national events and ceremonies.
- The song celebrates the diversity of India and the unity of its people, and calls for the country to be guided by truth and righteousness.
- The lyrics of the song are full of imagery and metaphors that capture the spirit of India and its people.

In conclusion, the National Anthem of India, "Jana Gana Mana", was first sung on 27th December 1911 in Calcutta, at the Indian National Congress session. The song was composed by Rabindranath Tagore and has since become a symbol of national pride and unity.

Division of powers is a fundamental principle of federalism, which is a form of government where power is divided between a central authority and constituent political units. In this system, the powers of the government are distributed between the national or federal government and the state or provincial governments.

The principle of division of powers is based on the idea that concentrating too much power in one central authority can lead to tyranny, oppression, and abuse of power. Therefore, the distribution of power between different levels of government helps to ensure that no one entity has too much control or influence over the citizenry.

Under a federal system, the national government is responsible for handling matters that affect the entire nation, such as national defense, foreign policy, and monetary policy. Meanwhile, the state or provincial governments are responsible for handling matters that affect their respective territories, such as education, public transportation, and local law enforcement.

The division of powers is typically outlined in a country's constitution or other legal document. These documents specify which powers are given to the national government and which powers are reserved for the state or provincial governments. In some cases, there may be overlap or ambiguity regarding which level of government has jurisdiction over certain issues. In these situations, the courts may be called upon to interpret the law and resolve any disputes.

Overall, the principle of division of powers is integral to the functioning of federal systems of government. By distributing power and responsibilities across multiple levels of government, federalism helps to ensure that citizens have a voice in the decisions that affect their lives and that power remains in check.

Civil equality: Meaning and implications

Civil equality refers to the equal treatment of every citizen before the law, without any discrimination on the basis of caste, religion, race, gender, or any other social identity. It implies that every individual has the same rights and opportunities and that the law applies to all in the same manner. Civil equality is a fundamental principle of democracy and a cornerstone of human rights.

Implications of civil equality

1. Protection of individual rights: Civil equality ensures that every citizen has equal protection of law, and their rights are not violated. The state cannot discriminate against any individual or group on the grounds of their identity or beliefs.

2. Fair justice system: Civil equality ensures that every citizen has access to a fair and impartial justice system, regardless of their social or economic status. The court of law treats everyone equally and delivers justice without any bias.

3. Promotion of democracy: Civil equality is a fundamental principle of democracy. It ensures that every citizen has an equal say in the affairs of the state and participates in the decision-making process without any discrimination.

4. Elimination of discrimination: Civil equality promotes social harmony and reduces discrimination based on caste, religion, race, gender, or any other social identity. It fosters a sense of belongingness and inclusiveness among citizens.

Conclusion

Civil equality is a fundamental principle of democracy and ensures the protection of individual rights and fair justice. It eliminates discrimination and promotes social harmony. Therefore, civil equality is essential for the development of a just and democratic society.

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document.. It says: “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY, of thought expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

(b)

3
National, State and financial emergency

UPSC submits its annual report to the President of India,✓ who further sends it to the Parliament for discussion.

Correct Answer:- A ( 26th Amendment Act 1971)

With the passage of the Indian Independence Act, 1947, the British Government granted independence to the areas that were directly under their rule (British India) and left the choice to the princely states to decide their future course of action. Sardar Vallabhbhai Patel persuaded these princely states to join Indian Union after independence.

In consideration of such princely states signing the Instrument of Accession, the Government of India granted to them a ‘privy purse’, which was a specified sum of money that was payable annually to the rulers of such States.



Relevance of ‘privy purse’

The payments of ‘privy purse’ were made to the former rulers under constitutional provisions of Art. 291 and Art. 362. However, it was often questioned as a relic of the colonial past.

Privy purse conferred ‘special status’ to ruling class, which continued the British practice of ruler and ruled.

It went against the idea of equality enshrined in Preamble and Part 3 of the Constitution.

Moreover, ‘privy purse’ was an added economic pressure on a newly born independent nation, that was ridden with poverty, hunger and security challenges.

Therefore,the then Prime Minister, Indira Gandhi, argued the case for abolition of privy purse. So, by the 26th Amendment to the Constitution of India in 1971, ‘privy purse’ was abolished. The amendment lead to the omission of Articles 291 and 362.





Reasons for abolition of ‘privy purse’

The abolition of privy purse was needed because it went against the idea of equal rights for all citizens, as enshrined under fundamental rights of Indian constitution.

The concept of rulership, with ‘privy purse’ and special privileges was incompatible with principles of democracy, equality and social justice and it was unrelated to any current functions and social purposes.

In order to fulfill the aspiration of socialistic pattern of society and burgeoning economic pressure, due to 1971 refugee crisis from east Pakistan, there was a need for the Government to reduce revenue deficit.







Conclusion

Though the abolition of privy purse was alleged as constitutional fraud by the rulers of princely states, but it was in sync with ethos of egalitarian society, as envisaged by the constitution.

Indian Parliament's Power to Rename or Redefine the Boundary of a State

The power to rename or redefine the boundary of a state in India lies with the Indian Parliament. This authority is granted under Article 3 of the Constitution of India, which empowers the Parliament to make laws for the formation of new states, alteration of areas, boundaries, or names of existing states. However, there are certain requirements and procedures that need to be followed for exercising this power.

Explanation of the Answer

The correct answer to the question is option 'A' - a simple majority. Let's delve into the reasons behind this choice:

1. Constitutional Provision: Article 3 of the Constitution of India empowers the Parliament to make laws for the formation of new states, alteration of areas, boundaries, or names of existing states. This provision grants the Parliament the authority to rename or redefine state boundaries.

2. Simple Majority: The process of renaming or redefining the boundary of a state requires the introduction and passing of a bill in both houses of Parliament - the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The bill must be passed by a simple majority of the members present and voting in each house.

3. Simple Majority Definition: A simple majority refers to the number of members present and voting in favor of a decision being greater than the number of members present and voting against it. It does not require an absolute majority, which would necessitate more than half of the total membership of the house.

4. Example: To illustrate this, let's consider a hypothetical scenario where the Parliament wants to rename a state. If there are 100 members present and voting in the Lok Sabha, and the bill receives the support of 51 members, while 49 members vote against it, the bill would be considered passed by a simple majority.

5. Procedural Safeguards: While a simple majority is sufficient for passing a bill related to renaming or redefining state boundaries, it is essential to note that the process also involves consultations with the concerned state legislature. The President of India must refer the bill to the concerned state legislature for expressing its views within a specified period. The Parliament must take into consideration these views before making a final decision.

In conclusion, the Indian Parliament can rename or redefine the boundary of a state by a simple majority. This provision is enshrined in Article 3 of the Constitution of India, which grants the Parliament the power to make laws for such alterations. The process involves passing a bill in both houses of Parliament by a simple majority of the members present and voting, after considering the views of the concerned state legislature.

The method of impeachment of the President of India is adopted from the United States of America. This provision has been incorporated in the Indian Constitution under Article 61.

Impeachment of the President of India:
Impeachment is the process of removing an elected official from office before the end of their term. In India, the President can be impeached for violating the Constitution. The impeachment process is initiated in the Parliament and requires a special majority to remove the President from office.

Adoption of Impeachment from the USA:
The Indian Constitution has borrowed many provisions from various countries, and the method of impeachment has been adopted from the United States of America. The US Constitution provides for the impeachment of the President for "high crimes and misdemeanors" committed while in office. The Indian Constitution also provides for the impeachment of the President for violating the Constitution.

Similarity between the USA and India:
The impeachment process in the USA and India requires a special majority to remove the President from office. In the USA, the House of Representatives initiates the process, and the Senate acts as the court of impeachment. Similarly, in India, the impeachment process is initiated by either House of Parliament, and the other House acts as the court of impeachment.

Conclusion:
The adoption of the impeachment process from the USA is an important feature of the Indian Constitution. It provides for the removal of the President if they violate the Constitution. The process is initiated in the Parliament and requires a special majority to remove the President from office. It is a safeguard against the abuse of power by the President and ensures that they are held accountable for their actions.

The correct answer is option D, i.e., Tenth Schedule.

Tenth Schedule of the Constitution of India:
The Tenth Schedule to the Indian Constitution is also known as the Anti-Defection Law. It was added by the 52nd Amendment Act, 1985, to curb the evils of political defections. The Tenth Schedule deals with the disqualification of legislators who defect from their party.

Provisions of the Tenth Schedule:
The Tenth Schedule contains the following provisions:

1. Disqualification on the grounds of defection: If a member of Parliament or a member of a State Legislature voluntarily gives up the membership of his party or votes against the direction of his party, he can be disqualified from being a member of the House.

2. Exceptions: A member will not be disqualified if his defection is due to a merger of his party with another party or if he has been expelled from his party.

3. Power of the Presiding Officer: The Presiding Officer of the House has the power to decide on a question of disqualification.

4. Time limit: The decision of the Presiding Officer can be challenged in a court of law within a prescribed time limit.

5. Bar on jurisdiction: The courts have no jurisdiction to entertain any dispute arising out of disqualification of a member under the Tenth Schedule.

Significance of the Tenth Schedule:
The Tenth Schedule is significant because it provides a legal framework to curb the practice of political defections, which leads to instability and undermines the principles of democracy. The law also ensures that members of Parliament and State Legislatures remain loyal to their political parties and the people who elected them.

The Constituent Assembly (elected for an undivided India) met for the first time on 9 December 1946, reassembling on 14 August 1947 as a sovereign body and successor to the British parliament's authority in India.

Article 356: Provisions in case of failure of constitutional machinery in State

A. President of India 3. Faith and Allegiance to the constitution of India
B. Judges of Supreme Court 4. Upholding Constitution
C. Members of Parliament 2. Faithful Discharge of Duties
D. Minister for the Union 1. Secrecy of Information

The correct answer would be:

A-3
B-4
C-2
D-1

Jayaprakash Narayan, by the infamous JP movement in Bihar. JP movement was started by JP against corruption and misrule.Indian constitution didn’t provide the making for political parties, it was only through section 29 of RPA 1951, the word political parties was first made palpable. Indian constituent assembly was well aware of the ruckus of political parties in the west but it was the most definite solution for the representation of the people’s ambitions. Gandhi wanted the idea of village republics. The same idea was furthered by JP Narayan.But it is not possible in present context, JP, himself relied on political parties for mass mobilisation during the Bihar movement in 1974–76. India, instead, need democratic deepening with effective decentralisation of power. Even after 73rd and 74th amendment, the local elections are full of patronage and corruption, which will only be rectified only when the village is the lowest unit of the decentralised system. It would involve the soul of participatory democracy. The village would control the natural resources, would enjoy maximum freedom and will be self sufficient. Then only the dream of partyless democracy can be imbued.

The correct answer is D

Amending the Constitution

In India, both the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) are two houses of the Parliament. When it comes to the amendment of the Constitution, the Rajya Sabha holds equal power with the Lok Sabha.

Process of Amending the Constitution:

- According to Article 368 of the Indian Constitution, the procedure for amending the Constitution involves the introduction of a bill in either house of Parliament.
- The bill must be passed by each house with a special majority, which includes a majority of the total membership of that house and a majority of not less than two-thirds of the members present and voting.
- After both houses pass the bill, it is sent to the President for assent. The President cannot withhold assent and must give his approval.

Role of Rajya Sabha in Amending the Constitution:

- The Rajya Sabha plays a crucial role in the amendment process as it acts as a check on hasty decisions by the Lok Sabha.
- The Rajya Sabha can suggest amendments to the bill, send it back to the Lok Sabha for reconsideration, or reject the bill altogether.
- If the Lok Sabha does not agree with the amendments proposed by the Rajya Sabha, both houses must convene in a joint sitting to resolve the differences.

Conclusion:

In conclusion, the Rajya Sabha has equal power with the Lok Sabha in the matter of amending the Constitution of India. This ensures that the amendment process is thorough, deliberative, and reflective of the diverse opinions and interests of the country.

Implication of Equality in Society: Absence of Privileges

Equality in society is a fundamental principle that ensures fair treatment and opportunities for all individuals regardless of their background, social status, or characteristics. It implies that every person should have equal rights, access to resources, and be treated with dignity and respect. One of the key implications of equality in society is the absence of privileges. Let's delve deeper into this concept.

Definition of Privileges

Privileges refer to special advantages or benefits that are granted to certain individuals or groups based on their social status, wealth, power, or other factors. These privileges often give individuals an unfair advantage over others and create disparities in society.

How Equality Eliminates Privileges

1. Equal Opportunities: Equality ensures that everyone has equal opportunities to succeed and thrive. It eliminates the preferential treatment or advantages given to certain individuals or groups based on their privileges. Instead, it promotes a level playing field where success is determined by merit and hard work rather than by birth or inherited advantages.

2. Elimination of Discrimination: Equality also eliminates discrimination based on factors such as race, gender, religion, or socioeconomic status. Discrimination often leads to privileges for some and disadvantages for others. By promoting equal treatment and protection of rights, equality dismantles the barriers that perpetuate privileges.

3. Redistribution of Resources: In an equal society, resources are distributed equitably, ensuring that everyone has access to basic necessities such as education, healthcare, and employment opportunities. This eliminates the privilege of having exclusive access to resources and promotes a more inclusive and just society.

4. Social Cohesion: Privileges can create divisions and social unrest by perpetuating inequality and marginalization. By eliminating privileges, equality fosters social cohesion and harmony, as individuals are more likely to feel valued, respected, and included in society.

5. Empowerment: Equality empowers individuals by giving them the freedom to pursue their goals and aspirations without being hindered by privileges enjoyed by others. It encourages individuals to take control of their lives and contribute to society based on their abilities and talents, rather than relying on inherited advantages.

Conclusion

The absence of privileges is a significant implication of equality in society. It ensures that every individual has equal opportunities, access to resources, and fair treatment, regardless of their social background or characteristics. By eliminating privileges, equality creates a more just, inclusive, and harmonious society, where individuals can thrive based on their merit and capabilities.

The correct answer is option 'A' - 1 and 2.

In India, the independent regulators in sectors like telecommunications, insurance, electricity, etc. are reviewed by Ad Hoc Committees set up by the Parliament and Parliamentary Department Related Standing Committees. Let's understand each of these options in detail:

1. Ad Hoc Committees set up by the Parliament:
- These committees are temporary committees formed for a specific purpose or inquiry by the Parliament.
- They are appointed by the Speaker of Lok Sabha or Chairman of Rajya Sabha.
- These committees review the functioning of various sectors, including independent regulators, and make recommendations for improvement.
- They play a crucial role in examining the performance, policies, and regulations of various government bodies and agencies.

2. Parliamentary Department Related Standing Committees:
- These committees are permanent committees set up by the Parliament to examine and review various sectors and government departments.
- They are formed to ensure greater accountability and transparency in the functioning of the government.
- There are different standing committees for different sectors, such as the Standing Committee on Finance, Standing Committee on Information Technology, etc.
- These committees review the functioning of independent regulators and make recommendations for their improvement.
- They also play a significant role in examining the budgetary allocations and expenditure of these sectors.

Therefore, the correct answer is option 'A' - 1 and 2, as both Ad Hoc Committees set up by the Parliament and Parliamentary Department Related Standing Committees review the independent regulators in sectors like telecommunications, insurance, electricity, etc.

State with highest number of Deputy Prime Ministers in India

The correct answer is option C, Bihar.

Explanation:

Deputy Prime Minister is a senior member of the cabinet in the government of India. The position is not a constitutional one and is usually given to a senior member of the ruling party or coalition.

Here are the Deputy Prime Ministers of India and the states they belong to:

1. Sardar Vallabhbhai Patel - Gujarat (1947-1950)
2. Morarji Desai - Maharashtra (1967-1969)
3. Charan Singh - Uttar Pradesh (1979-1980)
4. Jagjivan Ram - Bihar (1977-1979)
5. Devi Lal - Haryana (1989-1991)
6. L.K. Advani - Gujarat (2002-2004)

As we can see, Bihar has given the highest number of Deputy Prime Ministers in India, with Jagjivan Ram being the only Deputy Prime Minister from Bihar.

Jagjivan Ram was a prominent leader of the Indian National Congress and served as the Deputy Prime Minister under Prime Minister Morarji Desai from 1977 to 1979. He was also the Defence Minister of India from 1970 to 1975.

Therefore, the correct answer to the question is option C, Bihar.

Answer:

The ideal of the "Welfare State" in the Indian Constitution is enshrined in its Directive Principles of State Policy. The Directive Principles of State Policy are a set of guidelines and principles given to the government to be used as a framework for governance. These principles are not justiciable, meaning that they are not enforceable by the courts, but they serve as a guide for the government in making laws and policies.

Directive Principles of State Policy:
The Directive Principles of State Policy are enshrined in Part IV of the Indian Constitution, which contains Articles 36 to 51. These principles aim to establish social and economic democracy in the country and ensure the well-being and welfare of the citizens.

Objective of Welfare State:
The objective of a Welfare State is to promote the welfare of the people and provide social and economic justice. It includes provisions for equal opportunities, equitable distribution of wealth, and protection of the weaker sections of society.

Key Provisions:
The Directive Principles of State Policy contain several provisions related to the welfare of the people. Some of the key provisions include:

1. Article 39: This article directs the state to secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.

2. Article 41: This article directs the state to make effective provisions for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.

3. Article 42: This article directs the state to make provisions for just and humane conditions of work and maternity relief.

4. Article 47: This article directs the state to raise the level of nutrition and the standard of living and to improve public health.

Conclusion:
The ideal of the Welfare State in the Indian Constitution is enshrined in its Directive Principles of State Policy. These principles provide a framework for the government to promote the welfare of the people and ensure social and economic justice. While not enforceable by the courts, they serve as a guiding principle for the government in formulating laws and policies for the betterment of the citizens.

Statement 1: While FDs can be enforced by legislative processes (for e.g. Environment Protection Act that helps enforce the individual duty of environment protection), the constitution explicitly does not enforce them via legal provisions or does not explicitly mention in Part IVA that there are legislative processes to enforce them. However, since the Parliament has enforced the most fundamental duties already via a legislative process, we will consider this statement 1 as correct.

The Ninth Schedule in the Constitution of India

The Ninth Schedule is a special provision in the Constitution of India that was introduced during the prime ministership of Jawaharlal Nehru. It was added through the First Amendment Act of 1951 with the aim of protecting certain laws from judicial review and ensuring their implementation without any legal challenges.

Purpose and Background
The primary purpose of introducing the Ninth Schedule was to safeguard land reform laws and other progressive legislations from being invalidated by the courts on the grounds of violating fundamental rights. At that time, there was a need to enact laws that could address issues related to agrarian reforms, redistribution of land, and protection of tenants' rights. However, these laws often faced legal challenges, leading to delays and hindrances in their implementation.

Key Features
The Ninth Schedule is a list of laws that are placed beyond judicial scrutiny. Once a law is included in the Ninth Schedule, it becomes immune to constitutional challenges on the grounds of violating fundamental rights. However, it is important to note that this immunity is not absolute, and laws included in the Ninth Schedule can still be subject to judicial review on other grounds such as being arbitrary or unreasonable.

Significance
The introduction of the Ninth Schedule has been significant in protecting land reform laws, social welfare legislations, and other progressive measures from being struck down by the judiciary. It has provided a legal framework for implementing policies aimed at addressing socio-economic inequalities and ensuring the welfare of marginalized sections of society.

Controversies
Over the years, the inclusion of certain laws in the Ninth Schedule has sparked controversies. Critics argue that it has been misused by governments to shield unconstitutional laws from judicial scrutiny. They believe that the Ninth Schedule has been used as a tool to undermine the basic structure of the Constitution and curtail the power of the judiciary.

Conclusion
The Ninth Schedule in the Constitution of India, introduced during the prime ministership of Jawaharlal Nehru, has played a significant role in protecting laws related to land reforms and social welfare from judicial challenges. While it has been instrumental in implementing progressive measures, its use has also been subject to debates and controversies. It continues to be an important provision in the Indian Constitution, shaping the legislative landscape of the country.

Federation is distribution of power equally to states, in India power is distributed but also supreme power lies at central so India is union is states but not federation.