UPSC Prelims 2001 Q39: Indian Polity – Constitutional Framework & Development
If a new State of the Indian Union is to be created,
which one of the following Schedules of the Constitution must be amended?
- (a) First
- (b) Second
- (c) Third
- (d) Fifth
Answer: (a) First
Explanation
Schedule to be amended when a new State is created
| Schedule | Contents |
|---|---|
| First Schedule | Names of the States and Union Territories and their territories — must change for a new State |
| Second Schedule | Salaries and allowances of the President, Governors, judges and others |
| Third Schedule | Forms of oaths and affirmations |
| Fifth Schedule | Administration of Scheduled Areas and Scheduled Tribes |
A new State has to be listed with its territory in the First Schedule. Parliament does this by an ordinary law under Articles 2-4, and Article 4 says such a law is not an amendment under Article 368. The Fourth Schedule (Rajya Sabha seats) also changes, but it is not among the options.
Answer: (a) First.
Why each option is right or wrong
- (a) CORRECT. The First Schedule lists the States and their territories.
- (b) Incorrect. The Second Schedule deals with salaries and allowances.
- (c) Incorrect. The Third Schedule contains forms of oaths.
- (d) Incorrect. The Fifth Schedule deals with Scheduled Areas.
Key point
Articles 2-4: new States by simple majority law; Article 3 needs the President's recommendation and a reference to the State legislature (its views are not binding).
Remember
New State: First and Fourth Schedules change, by a law under Articles 2-4.
Common mistakes
- Choosing the Fifth Schedule because new States are often tribal areas.
- Forgetting that the Fourth Schedule also changes.
- Thinking a special majority under Article 368 is needed.
Exam tip
First Schedule = map of India in words.
Sources
- Constitution of India — Articles 2, 3, 4 and the First and Fourth Schedules
- M. Laxmikanth — Indian Polity, chapter 'Union and its Territory'