Q1. Which schedule of the Constitution specifies the division of powers between the Union and States?
- (a) 5th Schedule
- (b) 7th Schedule
- (c) 9th Schedule
- (d) 10th Schedule
Answer & solution
Answer: (b) 7th Schedule
The 7th Schedule of the Indian Constitution specifies the division of legislative powers between the Union and States through three lists. The three lists under the 7th Schedule: Union List (List I) — Contains 97 subjects (originally 97, now 100 after amendments) on which only Parliament can legislate; examples include defence , foreign affairs, atomic energy, railways, banking, currency, and communications; State List (List II) — Contains 66 subjects on which State Legislatures can legislate; examples include police, public health, agriculture, local government, and land; Concurrent List (List III) — Contains 52 subjects (originally 47) on which both Parliament and State Legislatures can legislate; examples include education, forests, marriage, bankruptcy, and criminal law. In case of conflict between Union and State laws on a Concurrent List subject, the Union law prevails (Article 254). The 7th Schedule is among the most important schedules as it defines the federal structure of India's governance.
Option (a) 5th Schedule — Incorrect: The 5th Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram; it does not deal with the division of powers between Union and States.
Option (c) 9th Schedule — Incorrect: The 9th Schedule (added by the 1st Constitutional Amendment, 1951) contains a list of central and state laws that cannot be challenged in courts (judicial review protected); it does not specify the division of powers between Union and States.
Option (d) 10th Schedule — Incorrect: The 10th Schedule (added by the 52nd Constitutional Amendment, 1985) deals with the Anti-Defection Law — provisions disqualifying members of Parliament and State Legislatures on grounds of defection; it is not related to the division of powers.