This article is authored by Nidhi Bajaj, of Guru Nanak Dev University, Punjab. The article provides an introduction to the Schedules of the Indian Constitution.
It has been published by Rachit Garg.
Schedules are appended towards the end of an enactment to provide for additional details and prescribe the forms for working out the policy underlying the provisions. The object of schedules is to avoid encumbering the sections/articles with matters of excessive details.
At the time of its commencement, the Indian Constitution contained 8 schedules. However, at present, there are 12 schedules in the Constitution of India.
Following is a list of schedules in the Indian Constitution and the articles they are read with:
|SCHEDULE||WHAT IT CONTAINS||CONCERNED ARTICLES|
|First Schedule||List of States and Union territories and their respective territories||Articles 1 and 2|
|Second Schedule||Provisions relating to emoluments, allowances and privileges of President, Governor of States, Judges of Supreme Court and High Court etc.||Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221|
|Third Schedule||Forms of Oaths or affirmations||Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219|
|Fourth Schedule||Allocation of seats in the Council of States||Articles 4(1) and 80(2)|
|Fifth Schedule||Provisions as to administration and control of Scheduled Areas and Scheduled Tribes||Article 244(1)|
|Sixth Schedule||Provisions as to administration and control of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram||Article 244(2) and 275(1)|
|Seventh Schedule||The three lists namely Union List, State List and Concurrent List dealing with subject-matter of legislations||Article 246|
|Eighth Schedule||Languages||Article 344(1) and 35|
|Ninth Schedule||Validation of certain acts and regulations i.e. list of Acts under Article 31B||Article 31B|
|Tenth Schedule||Provisions as to disqualification on ground of defection||Article 102(2) and 191(2)|
|Eleventh Schedule||Matters in respect of which schemes for economic development and social justice are to be implemented by Panchayats i.e. powers and responsibilities of Panchayats||Article 243G|
|Twelfth Schedule||Matters in respect of which Municipalities have been endowed powers and authority to enable them to function as institution of self-government i.e. powers and responsibility of Municipalities||Article 243W|
Read with Articles 1 and 2 of the Constitution, the First Schedule of the Constitution of India contains the names of the states and the union territories and their respective territories. At present, there are 28 states and 8 union territories in the Union of India.
The Second Schedule contains provisions regarding the salaries and allowances payable to the President, Governors of States, Speaker and Deputy Speaker of Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha and Judges of Supreme Court and High Courts. It consists of following parts:
- Part A deals with provisions relating to the President and the Governors of States
- Part C contains provisions as to the Speaker and the Deputy Speaker of the House of People, Chairman and Deputy Chairman of the Council of States, Speaker and Deputy Speaker of the Legislative Assembly and the Chairman and Deputy Chairman of the Legislative Council of a State.
- Part D contains provisions relating to the judges of the Supreme Court and the High Court.
- Part E contains provisions as to the Comptroller and Auditor General of India.
The Third Schedule provides for the forms of oaths or affirmations including
- Form of oath of office for a union minister.
- Form of oath of secrecy for a union minister.
- Form of oath or affirmation to be made by a candidate for election to parliament.
- Form of oath or affirmation to be made by a member of parliament.
- Form of oath or affirmation to be made by the judges of the Supreme Court and the Comptroller and Auditor General of India.
- Form of oath of office for a minister for a state.
- Form of oath of secrecy for a minister for a state.
- form of oath or affirmation to be made by a candidate for election to the legislature of a state.
- Form of oath or affirmation to be made by a member of a state legislature.
- Form of oath or affirmation to be made by the judges of the High Court.
The Fourth Schedule provides for the number of seats allocated to each state or union territory in the Council of States.
Article 244(1) of the Constitution provides that the provisions of the Fifth Schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. The Fifth Schedule contains the provisions relating to the administration and control of scheduled areas and scheduled tribes. It is divided into 4 parts:
- Part A: General
It provides that the executive power of a state extends to the scheduled areas included therein. The Governor of each State having scheduled areas therein is required to make a report to the President regarding the administration of such areas.
- Part B: Administration and Control of Scheduled areas and Scheduled Tribes
It provides for the establishment of a Tribes Advisory Council in each state having scheduled areas and on the direction of the President, in states having scheduled tribes but not scheduled areas. It also provides for the laws applicable to scheduled areas.
- Part C: Scheduled Areas
‘Scheduled Areas’ means those areas that are declared by the order of the President to be Scheduled Areas.
- Part D: Amendment of the Schedule
The Parliament is empowered to make additions, variations or to repeal any of the provisions of this schedule by making a law in this regard.
The Sixth Schedule contains provisions as to the administration of tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram. It provides for the administration of tribal areas as autonomous districts and autonomous regions. The tribal areas regulated/administered by the schedule are:
- In the State Assam
- The North Cachar Hills District
- The Karbi Anglong District
- The Bodoland Territorial Area District
- In the State of Meghalaya
- Khasi Hills District
- Jaintia Hills District
- The Garo Hills District
- In the State of Tripura
- Tripura Tribal Areas District
- In the State of Mizoram
- The Chakma District
- The Mara District
- The Lai District
The Parliament and state legislatures have the power to make laws with respect to any of the matters falling within their field of legislation under Article 246 read with Seventh Schedule of the Constitution.
The Seventh Schedule contains three lists that provide for the fields of legislation:
- Union List: Union List enumerates the items/subjects with respect to which the Parliament has the exclusive power to legislate. For example, defence of India, naval, military, and air forces; atomic energy, foreign affairs, war and peace, citizenship, extradition, etc.
- State List: State list enumerates the subjects with respect to which the state legislature has the exclusive power to legislate. For example, police, local government, public health and sanitation, intoxicating liquors, agriculture, water, land, fisheries, gas and gas works, markets and fairs, etc.
- Concurrent List: Concurrent List is the third list and it enumerates the subjects with respect to which both parliament and the state legislature have the power to make laws. For example, criminal law and procedure, transfer of property other than agricultural land, contracts, trusts, actionable wrongs, civil procedure, evidence and oaths, forests, etc. As the name suggests, both the Union Parliament and the state legislatures are vested with concurrent powers of legislation with regard to matters contained in the Concurrent List.
The Eighth Schedule contains the list of recognised languages in India. Originally, there were 14 languages in the schedule but presently it contains 22 languages namely:
Article 31B of the Constitution provides for ‘Validation of certain acts and regulations specified in the Ninth Schedule. The Ninth Schedule was added to the Constitution by the Constitution (First Amendment) Act, 1951. The object behind adding the Ninth schedule was to protect certain acts and regulations from being declared void on the ground that they violate the fundamental rights provided under Part III of the Constitution. Thus, the Ninth Schedule contains a list of enactments that are immune from being challenged in the court of law on the ground that it violates the fundamental right of any citizen. Originally, there were only 13 laws in the Ninth Schedule but at present, there are 284 laws provided under the Ninth schedule. Some of the laws mentioned under the Ninth Schedule are as follows:
- The Bihar Land Reforms Act, 1950
- The Bombay Tenancy and Agricultural Lands Act, 1948
- The Mysore Land Reforms Act, 1961
- The Punjab Security of Land Tenures Act, 1953
- The Delhi Land Reforms Act, 1954
- The Industries (Development and Regulation) Act, 1951
- The Coking Coal Mines (Nationalisation) Act, 1972
- The Kerala Agricultural Workers Act, 1974
- The West Bengal Land Reforms Tribunal Act, 1991
In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court has held that where a legislation held to be violative of any of the fundamental rights is subsequently incorporated in the Ninth Schedule after 24th April 1973, then such a violation shall be open to challenge on the ground that it destroys the basic structure under Article 21 read with Article 14, Article 19.
The Tenth Schedule of the Constitution contains provisions as to disqualification on the ground of defection. The Tenth Schedule was added by the Constitution (Fifty-second Amendment) Act, 1985 to combat the evil of political defections and is also called the ‘Anti-defection Law’.
The Constitution lays down that a person shall be disqualified for being a member of either House of Parliament or of either House of a State Legislature if he is so disqualified under the Tenth Schedule.[Article 102(2) and Article 191(2)]
The Tenth Schedule contains the following provisions:
- Disqualification of members of Parliament and State Legislature on the ground of defection
- Members of political parties
A member of a House belonging to any political party becomes disqualified for being a member of the House:
- If he voluntarily gives up his membership of such political party; or
- If he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.
- Independent members
An independent member of a House (who has been elected without being set up as a candidate by any political party) becomes disqualified for being a member of the House if he joins any political party after such election.
- Nominated members
A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the house.
The disqualification on the ground of defection does not apply in the following two cases:
- In case of merger of a political party with another political party, that is to say:
- the member joins such other political party or the new party formed as the result of a merger or
- the member does not accept the merger and opts to function as a separate group
- In case a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party (and does not rejoin that party as long as he holds that office) or rejoins it after he ceases to hold that office.
- Deciding authority
Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.
The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule.
In the case of Kihoto Hollohan v. Zachillhu & Others(1992), the Supreme Court upheld the constitutional validity of the Tenth Schedule. It was also held by the Court that the decision of the Speaker disqualifying a member on the ground of defection is subject to judicial review.
Added in the Constitution by the Constitution (Seventy-third Amendment) Act, 1992, the Eleventh Schedule deals with the powers, authority, and responsibilities of Panchayats. It contains 29 functional items of the panchayats, some of which are mentioned below:
- Land improvement, implementation of land reforms, land consolidation and soil conservation
- Minor irrigation, water management and watershed development
- Animal husbandry, dairying and poultry
- Non-conventional energy sources
- Poverty alleviation programme
- Education, including primary and secondary schools
- Technical training and vocational education
- Adult and non-formal education
- Cultural activities
- Markets and fairs
- Health and sanitation including hospitals, primary health centres and dispensaries
The Twelfth Schedule deals with the powers, authorities, and responsibilities of the municipalities. It was also added by the Constitution (Seventy-third Amendment) Act, 1992. It contains 18 functional items of the municipalities that are mentioned below:
- Urban planning including town planning.
- Regulation of land-use and construction of buildings.
- Planning for economic and social development.
- Roads and bridges.
- Water supply for domestic, industrial and commercial purposes.
- Public health, sanitation conservancy and solid waste management.
- Fire services.
- Urban forestry, protection of the environment and promotion of ecological aspects.
- Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
- Slum improvement and upgradation.
- Urban poverty alleviation.
- Provision of urban amenities and facilities such as parks, gardens, playgrounds.
- Promotion of cultural, educational and aesthetic aspects.
- Burials and burial grounds; cremations, cremation grounds and electric crematoriums.
- Cattle pounds; prevention of cruelty to animals.
- Vital statistics including registration of births and deaths.
- Public amenities including street lighting, parking lots, bus stops and public conveniences.
- Regulation of slaughterhouses and tanneries.
- Constitutional Law of India, Narender Kumar, Tenth Edn.
- Indian Polity, M. Laxmikanth, Fifth Edn.
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