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.

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 Chairman of Rajya Sabha, Legislative Councils in 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.

Fourth Schedule

It deals with the allocation of seats in the Rajya Sabha: States, UTs (233 + 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 administration of Scheduled areas.

PESA (Panchayats (Extension to the Scheduled Areas) Act, 1996: Definition of 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 socio-economic development) of government before implementation by panchayats, identity beneficiaries under MGNREGS and other programmes.  Special power to Gram Sabha and Panchayat.

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). 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.

Seventh Schedule

List I – Union List,
List II- State List
List III- Concurrent List

Eighth Schedule
Languages recognised by constitution (14 languages) – Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odiya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.

21st Constitutional Amendment Act introduced – 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 the ninth schedule) of state legislatures dealing with land reforms and abolition of Zamindari system.

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).

Eleventh Schedule (Vision of Mahatma Gandhi)

It is specify the powers, authority and responsibility of Panchayats (under article 243-G), (73rd 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, etc.

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, etc.

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