Study Notes on the Schedule of Indian Constitution

What is Schedule?

They are Lists which categorise and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is more than 100 mages document and hence, not included in original text of constitution but they are very much part of the constitution. Originally they were 8 in number, now they are 12. IX (1st constitution Amendment Act 1951), X (Anti-Defection Law 52nd CAA 1985), XI (73rd CAA Panchayati Raj 1992), XII (74th CAA Municipality 1992.)

First Schedule
Part 1:  Name of the state and their territorial jurisdiction (29 states). It conclude details regarding which law, act etc. determine each states boundaries (Article 1 to 4).

Part 2: Names of Union Territory and their extent. Delhi (Since independence), Andaman and Nicobar Islands (Since independence), Daman and Diu (1987), Lakshadweep, Puducherry (1960s) (French Establishments in India and combines Pondicherry, Kankal, Mahe and Yanam), Chandigarh (1966), Dadar and Nagar Haveli

SCHEDULES ·         Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government. ·        First Schedule (Articles 1 and 4)- This lists the states and territories of India. Lists any changes to their borders and the laws used to make that change. ·        Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)  This lists the salaries of officials holding public office. Judges, and Comptroller and Auditor General of India.

Second Schedule

[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221]

Provisions relating to emoluments, Privileges, allowances and so on of: 

• President of India
• Governors
• Speaker, Deputy Speakers of Lok Sabha and Legislative Assembly in states.
• Chairman and Deputy Chariman of Rajya Sabha, Legislative Councils is states.
• Judges of Supreme Court, High Court and CAG.
• Official residence of judges without pay.
• Vice-President or any other person is acting as President and any person is acting as Governor (based on salary).

Third Schedule

Form of Oaths (Theist in name of God) or Affirmation (Objecting to Oath as Atheist so solemn declaration) for:

Union and State Ministers

MPs and candidates for elections for parliament.

MLAs, MLCs and candidates for election to state legislature. 

Judges of Supreme Court, High Court and Comptroller Auditor general of India.

CONTINUE… ·         Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) – Forms of Oaths – This lists the oaths of offices for elected officials and juges. ·       Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory. ·         Fifth Schedule: (Article 244(1)) – This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions)

Fourth Schedule

It deals with the allocation of seats in the Rajya Sabha: States, UTs (223 + 12 nominated = 245). All are indirect election except the 12 are nominations in the field of Arts, Science, Literature and Social Service by the President. Do not include co-operative here, co-operative is included in the nominations of MLCs because co-operative the state subject.

Fifth Schedule (Major area, minor autonomy)

Provisions relating to administration of scheduled areas and scheduled tribes (Article 244 - excludes Assam, Tripura, Meghalaya, Mizoram).

Report by the Governor to the President regarding the President regarding the administration of Scheduled areas. 

PESA (Panchayats (Extension to the Scheduled area (Article 244 (1). Provisions (Resemble 6th schedule).

Village: group of habitants/hamlets comprising a community and managing its affairs in accordance with traditions and customs will have a Gram Sabha (all electoral rolls name). 

Gram Sabha: Should have to give Prior approval of all plans and projects (for socia-economic development) of government before implementation by panchayats, identity beneficiaries under MGNREGS and other programmes. Special power to Gram Sabha and Panchayat: They can regulate sale and consumption of intoxicants (they can also ban the consumption of intoxicants), ownership of minor forest produce (fruit, vegetables and medicinal products etc.), Reservation at every Panchayat shall be in proportion to the population of communities (Minimum 50% for Scheduled Tribes, 100% reservation ST for Charipersons).

Tribal Advisory Council (20 Members): Para 4(1) of the Fifth Schedule. To advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

Sixth Schedule (Major Autonomy)

Provisions relating to administration of tribal areas in states of (Assam, Meghalaya, Tripura, Mizoram) (Article 244 and 275). 

Autonomous Districts (Govern by District Council) and Autonomous Region (Govern by Regional Council).

CONTINUE… ·         Sixth Schedule: (Articles 244(2) and 275(1) – Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. ·         Seventh Schedule (Article 246) – The union (Central government), State, and concurrent lists of responsibilities. ·         Eighth Schedule: (Articles 344(1) and 351) – the official languages. ·         Ninth Schedule: (Article 31-B) – Validation of certain Acts and Regulations. ·         Tenth Schedule: (article 102(2) and 191(2)) – “Anti-defection” provisions for Members of Parliament and Members of the State Legislatures. ·         Eleventh Schedule: (Article 243-D) – Panchayat Raj (rural local government). ·         Twelfth Schedule: (Article 243-W) Municipalities (urban local government).k

It is extremely detail oriented so don't read the original draft (around 50 pages), Just remember the important points; Governor and state government have significantly limited powers and large majority.

What the governor do?

He decides the composition of the District Councils and Regional Councils and the allocation of seats therein. The delimitation of territorial constituencies for the purpose of elections to those Councils.

Powers: Allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purpose of agriculture of grazing or for residential or other non-agricultural purpose or for any other purpose of the inhabitants of any village or town. Management of any forest not being a reserved forest (reserved forests are under IFS officers; use of any canal or water-course.

Seventh Schedule

It relates to the Division of power between Union and State. It creates three lists:

List 1: Union list 100 subjects (Originally 97) - Defence, Armed forces, ammunition, explosives, nuclear, CBI, Foreign relations, UNO, Tax on Newspaper, Pilgrimages to places outside India, Railways, Ports, Airways, Ships, Insurance, banking, Opium, Film Censors, Census, UPSC, Audit of accounts of Unions and states, all major taxes like Corporation tax, Income tax (except agriculture).

List 2: State list 61 (Originally 660 - Public order, Prisons, Police, High Courts, Local Government, Pilgrimages in India, Intoxicating liquors, relief of disabled, unemployed burial grounds, agriculture, water, mines, gas, money letting, gambling betting, excise duty on liquor, opium, hemp etc. Taxes on animals and boats, Tolls. Taxes on professions, trades, callings and employments. Capitation taxes, Taxes on luxury.

Concurrent List: Total 52 9 Originally 47) - Criminal and civil law including IPC, CrPC, Marriage divorce, infants, adoption, will, bankruptcy, insolvency, trust and trustees, Wildlife, Drugs, Planning press, Electricity, Legal, Medical and other profession.

Both Centre and State can make laws, but laws of parliament will override the state provisions.

Parliament can make law on subjects under state list and there are five conditions:

• Article 249 - (Rajya Sabha passes, National Interest).
• Article 250 - (Emergency on entire state or a part there of).
• Article 252 - (If 2 or more states request Parliament).
• Article 253 - (For international agreement or treaty).

Eighth Schedule

Languages recognised by constitution (14 languages) - Assamese, bengali, Gujarati, Hinid, Kannada, Kashmiri, Malayalam, Marathi, Odiya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.

21st Constitutional Amendment Act intoduced - Sindhi (because it was very well spoken language before independence and the Sindh region).

71st CAA included Manipuri, Konkani, and Nepali

92nd CAA introduced four languages, these are Bodo, Dogri, Maithili, Santhali Total number is now 22 languages.

Ninth Schedule

Dealing with Acts and Regulations (Earlier there were just 13 acts and now there are 282 acts in teh ninth schedule) of state legislatures dealing with land reforms and abolition of Zamindari system. 

The fist CAA (in 1951 introduce Prevention of Judicial Review on account of violationof Fundamental Rights. However, so article 31-B of the Constitution of India ensured that any law in the Ninth Schedule could not be challenged in courts and Government can rationalise its programme of social engineering by reforming land and agrarian laws.

In 2007, Supreme court ruled that laws included in IX schedule after 24th April, 1973 (Keshavanand Bharti case) can be reviewed on grounds of violation of law of the land.

Tenth Schedule 

It is introduced by 52nd CAA, 1985 (Rajiv Gandhi), it deals with anti-Defection Law, Provisions relating to disqualification of MPs and MLA/MLCs on ground of defection. Voluntarily gives up the membership of the political party (Ticket). If he votes abstains from voting, contrary to any direction issued by the original political party without prior permission (15 days condoning period).

Independent Member: Disqualified if join any party. 

Nominated: within 6 months join any political Party, after 6 month, disqualified. The Chairman of the Speaker of the House has been authorized to make a decision on questions as to the disqualification of the member.

Exceptions: Merger with not less than two-thirds members and a member of the original political party joins the new group (formed subsequent to the merger) or opts to function as a separate group (old group that may or may not maintain the identity of the older political party.).

Please note that prior to 91st Amendment of the Constitution of India 92003) a split in the original political party whereby one-thirds of the members of Legislature belonging to the original political party may form a separate group and this did not attract disqualification. However, subsequent to the 91st amendment, this exception is no longer available.

Eleventh Schedule (Vision of Mahatma Gandhi)

It is specify the powers, authority and responsibility of Panchayats (Under article 243-G), (73re CAA, 1992) 3-tier government (Centre + State + Local Government), Article 40 (Gandhian) Organisation of village panchayats.

It deals with 29 matters including Agriculture; Land improvement, reforms, land consolidation, soil conservation; Minor irrigation, water management and watershed development; Animal husbandry, dairying and poultry; Fisheries; Social and farm forestry; Minor forest produce. Small scale industries; Khadi, village and cottage industries; Rural conventional energy sources; Poverty alleviation Programme; Education, primary and secondary schools; Technical training and vocational education, Adult and non-formal education; Libraries; Cultural activities; markets and fairs; Health and sanitation; Family welfare; Women and child development; Social welfare; Welfare of the weaker sections (SCs, STs); Public distribution system; Maintenance of community assets.

Twelfth Schedule

It deals with the Municipality (local governments), specifies the powers, authority and responsibilities of Municipalities (Article 243-W) 974th CAA, 1992.)

It deals with 18 matters including: Urban planning including town planning; Regulation of land-use and construction of buildings; Planning for economic and social development; Roads and bridges; Water supply; Public health, Urban forestry; Safeguarding the interests of weaker sections of society; slum improvement and upgradation; Urban poverty alleviation. Provision of urban amenities; Promotion of cultural, educational and aesthetic aspects; Burial sand burial grounds, electric crematoriums, Cattle pounds- prevention of cruelty to animals; Vital statistics including registration of births and deaths; Public amenities, public conveniences; Regulation of slaughter hous and tanneries.

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