Question

Consider the following statements about major Constitutional Amendments:

1. The 73rd Amendment Act added the Eleventh Schedule, which lists 29 subjects under the purview of Panchayats.

2. The 52nd Amendment Act initially designated the Supreme Court as the final authority to decide on disqualification due to defection.

3. The 86th Amendment Act introduced the fundamental duty for a parent or guardian to provide educational opportunities to their child between the ages of 6 and 14.

4. The 74th Amendment Act added Part IX-A to the Constitution, dealing with Municipalities.

Which of the statements given above are correct?

• A. 1, 3 and 4 only
• B. 1 and 2 only
• C. 2, 3 and 4 only
• D. 1, 2, 3 and 4

Answer 1

Answer:

A. 1, 3 and 4 only

73rd Amendment Act, 1992 (Panchayati Raj)

• This landmark amendment granted constitutional status to Panchayati Raj institutions in India.

• It added a new Part IX entitled 'The Panchayats' to the Constitution, comprising provisions from Articles 243 to 243-O.

• Crucially, it introduced the Eleventh Schedule to the Constitution, which specifies 29 functional items within the purview of Panchayats. These subjects are meant to be devolved to local self-governments for effective administration and development.

• The Act aims at decentralization of power and empowering local self-governments, thereby strengthening grassroots democracy.

52nd Amendment Act, 1985 (Anti-Defection Law)

• This amendment introduced the Anti-Defection Law, adding the Tenth Schedule to the Constitution.

• The primary objective was to curb political defections by Members of Parliament (MPs) and State Legislatures (MLAs) who frequently shifted parties for personal gains.

• Regarding disqualification, the initial authority to decide on defection cases rests with the Presiding Officer of the respective House (Speaker in the Lok Sabha/State Assembly, Chairman in the Rajya Sabha/State Legislative Council). It was not the Supreme Court as initially designated by the Act.

• The Supreme Court, in the landmark Kihoto Hollohan v. Zachillhu (1992) case, upheld the constitutional validity of the Tenth Schedule but declared that the decision of the Presiding Officer is subject to judicial review.

86th Amendment Act, 2002 (Right to Education)

• This significant amendment made education a Fundamental Right for children between 6 and 14 years of age.

• It inserted a new Article 21A in Part III of the Constitution, stating that "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."

• It also modified Article 45 (Directive Principles of State Policy) to state that the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

• Furthermore, it added a new Fundamental Duty under Article 51A(k), obligating every parent or guardian "to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years."

74th Amendment Act, 1992 (Municipalities)

• This amendment granted constitutional status to Urban Local Bodies (ULBs) or Municipalities.

• It added a new Part IX-A entitled 'The Municipalities' to the Constitution, covering Articles 243P to 243ZG.

• It also introduced the Twelfth Schedule to the Constitution, which lists 18 functional items within the purview of Municipalities. These include urban planning, regulation of land use, roads, bridges, public health, sanitation, etc.

• This Act, along with the 73rd Amendment, completed the process of constitutionalizing local self-government in both rural and urban areas.