Polity & Governance Practice Question›› Indian Polity ››
Constitution of India
››
Fifth Schedule and Scheduled Areas
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Question 1
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Consider the following statements:
1.Parliament can amend the Fifth Schedule of the Constitution by special majority.
2.The Governor can frame regulations that amend any act of Parliament applicable to a Scheduled area.
Which of the statement(s) given above is/are not correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Explanation Statement 1 is not correct: The Fifth Schedule can be amended by Parliament by law, which means a simple majority in Parliament is sufficient. As per the Constitution, Parliament has the authority to amend, add, vary, or repeal provisions of the Fifth Schedule by enacting a law. Such an amendment does not require a special majority as mandated under Article 368 for other constitutional amendments.
Statement 2 is correct: The Governor can frame regulations for the peace and good governance of a scheduled area after consulting the Tribes Advisory Council. These regulations may include provisions to amend or repeal existing laws applicable to the area. All such regulations must receive the President's assent before they come into effect.
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