SCHEDULES OF INDIAN CONSTITUTION

 

Schedules of Indian Constitution

DEV BRAT DUBEY :UPDATED:NOVEMBER-25-2022 AT 2:05PM

INTRODUCTION:

The schedules of the Indian Constitution are added as an appendix to the constitutional framers. 

The Schedules are not included in the Constitution. It should be noted that, though the Schedules of the Constitution, they are part of it. 

Originally there were only eight Schedules in the Indian constitution at the time of enactment in November 1949.

Later the ninth Schedules was added by the first Constitutional Amendments Acts, 1951. IN 1985 the 52nd Constitutional Amendment Act included the tenth Schedule which deals with the anti - defection law.

After seven years, in 1992 two consecutive Constitutional Amendments Acts were passed i.e. 73rd and 74th, under which the 11th and 12th Schedules were added to the Indian Constitution respectively.

 Types of Schedules:  

There are 12 Schedules in the Constitution of India. Here is a brief description of the schedules of the Indian Constitution:

 

Schedules	Provisions
First Schedule	The first schedule lists the states and territories of India; lists any changes to their borders and the laws used to make that change. Whenever there is a change in the territory of a state/UT or formation of a new state/UT or merger of states/UTs the Schedule 1 gets amended. The first amendment of Schedule 1 was carried out by the 7th Constitutional Amendment 1956 with the formation of Andhra Pradesh state.
Second Schedule	The second schedule lists the emoluments for holders of constitutional offices. The provisions in relation to allowances, privileges, emoluments of: President of India Governors of Indian States Speaker of Lok Sabha & Deputy Speaker of Lok Sabha Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha Speaker and Deputy Speaker of Legislative Assemblies of Indian States Chairman and Deputy Chairman of Legislative Councils of the Indian States Supreme Court Judges High Court Judges Comptroller & Auditor General of India (CAG).
Third Schedule	This schedule lists the various forms of oath for holders of various constitutional offices. It contains the forms of oath and affirmation for: Union Ministers of India Parliament Election Candidates Members of Parliament (MPs) Supreme Court Judges Comptroller and Auditor General State Ministers State Legislature Elections’ Candidates State Legislature Members High Court Judges
Fourth Schedule	The fourth schedule enumerates the allocation of Rajya Sabha seats to States or Union Territories. The Rajya Sabha has a maximum strength of 250 members, with 12 members nominated by the President and 238 representing the States and two Union Territories, according to Article 80 of the Constitution. The Rajya Sabha currently has 245, with 233 members representing the states and union territories of Delhi and Puducherry and 12 members selected by the President.
Fifth Schedule	This schedule enumerates administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions). Scheduled Areas are autonomous areas within a state, administered federally, usually populated by a predominant Scheduled Tribe. Scheduled Tribes are groups of indigenous people, identified in the Constitution, struggling socio-economically.
Sixth Schedule	This schedule comprises provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, Mizoram. To protect the rights of tribal people, the Sixth Schedule allows the formation of Autonomous District Councils in Assam, Meghalaya, Tripura, and Mizoram. This provision is found in Articles 244(2) and 275(1) of the Indian Constitution.
Seventh Schedule	It consist of three list which divided the power between The  Union and The States. List 1 - Union list List 2 - State list List 3 -Concurrent list
Eighth Schedule	It lists the official languages of the Republic of India. Part XVII of the Indian constitution deals with the official languages in Articles 343 to 351. The Eighth Schedule to the Constitution consists of the following 22 languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili and Dogri. Of these languages, 14 were initially included in the Constitution.  The Sindhi language was added by the 21st Amendment Act of 1967. Konkani, Manipuri, and Nepali were included by the 71st Amendment Act of 1992. Bodo, Dogri, Maithili, and Santhali were added by the 92nd Amendment Act of 2003 which came into force in 2004.
Ninth Schedule	It covers state laws and regulations relating to land reform and the dismantling of the zamindari system. It also deals with the Parliament's acts and regulations on a variety of topics. The Ninth Schedule was inserted to the 1st Amendment Act of 1951 to safeguard the legislation covered in it from judicial scrutiny on the basis of fundamental rights violations. The Supreme Court, however, declared in 2007 that the statutes included in this timetable following the events of April 24, 1973, are now subject to judicial examination.
Tenth Schedule	Anti defection law was introduced by the 52nd constitutional amendment act 1985 to prevent the defections from one political party to another in lieu of certain gains by members of parliament and state legislatures, it led to the introduction of the 10th schedule. It was further refined by the 91st constitutional amendment act 2003.
Eleventh Schedule	The Schedule 11 of Indian Constitution contains provisions that specify the Panchayats' powers, authority, and responsibilities in order for them to function as local governments. The 73rd Amendment Act of 1992 added this schedule. State legislatures are required to enact laws granting Panchayats powers and authority in order for them to perform local government functions.
Twelfth Schedule	Schedule 12 of the Indian Constitution contains provisions that define the Municipalities' powers, authority, and responsibilities in order for them to function as local governments. The 74th Amendment Act of 1992 added this schedule. According to Article 243 W, all municipalities would be given the powers and responsibilities necessary to function as effective institutions of self-government.

CONCLUSION:

A schedule plays a significant role in legislation by bringing conciseness and clarity to the act and that’s why schedules are being used for various purposes throughout various legislations.

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