Schedules of Indian Constitution, List of 12 Schedules & Articles

16-05-2024

09:04 AM

GS II

Sub-Categories:

Polity Notes for UPSC

timer
1 min read

Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc

Mains: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure 

 

Why do we have Schedules in the Indian Constitution? 

The Schedules are an integral part of the Indian Constitution, which initially had eight schedules and subsequently increased to twelve through various constitutional amendments. The Schedules in the Indian Constitution fulfill the following purpose:

  • To reduce the legal complexity of the Constitution as schedules in the Indian Constitution are designed to be easily understood.
  • To be used as a reference when additional information or clarification is needed on a certain provision of the Consitution.  
  • The purpose of the schedule is to make the Constitution easier to revise or update by amending specific sections rather than rewriting the entire article.

List of 12 Schedules of the Indian Constitution

SCHEDULE

SUBJECT MATTERS

RELATED ARTICLES 

First Schedule 

  • It lists the states and union territories and their corresponding territories. There are 28 states and 8 Union territories in the country.

Articles 1 and 4 

Second Schedule 

  • It outlines the provisions for emoluments, allowances, privileges and so on of the following: 
    • The President of India
    • The Governors of States 
    • The Speaker and the Deputy Speaker of the Lok Sabha 
    • The Chairman and the Deputy Chairman of the Rajya Sabha
    • The Speaker and the Deputy Speaker of the Legislative Assembly in the states 
    • The Chairman and the Deputy Chairman of the Legislative Council in the states 
    • The Judges of the Supreme Court 
    • The Judges of the High Courts
    • The Comptroller and Auditor General of India

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

Third Schedule 

  • This provides for the forms of oaths or affirmations including
    • The Union and state ministers  
    • The candidates for election to the Parliament and the state legislature 
    • The members of Parliament and state legislature  
    • The judges of the Supreme Court and High Courts 
    • The Comptroller and Auditor General of India 

Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219

Fourth Schedule 

  • It provides for the number of seats allocated to each state or union territory in the Council of States (Rajya sabha).

Articles 4(1) and 80(2)

Fifth Schedule

  • It deals with the administration and control of Scheduled Areas and Scheduled Tribes.

Article 244(1)

Sixth Schedule 

  • It deals with administering Tribal Areas in the States of Assam, Meghalaya, Tripura, and Mizoram.

Articles 244(2) and 275(1)

Seventh Schedule

  • It includes three lists for determining the legislative authority for various subject matters.
  • Union List includes subjects of national importance, such as defense and foreign affairs, for which only the central government can make laws. 
  • State List includes subjects of state and local importance, such as police and public health, for which only state governments have the authority to make laws. 
  • Concurrent List includes subjects of joint importance, such as education, marriage, etc for which both the central and state governments can make laws. 

Note: 

  • The Parliament has the authority to enact legislation pertaining to residual Subjects or those that are not included in any of the three lists.
  • Even if an issue is listed on the State List, Parliament has the authority to pass laws pertaining to it for any area of India's territory that is not part of a state. 
  • The Union List has priority over the State List and the Concurrent List, and the Concurrent List has priority over the State List.
  • The Union List should take precedence over the Concurrent List in the event of a conflict. The Concurrent List should take precedence over the State List whenever there is a dispute.
  • If there is a disagreement between central law and a state law on a topic listed in the Concurrent List, central law will prevail. There is, however, one exception. If the state law has been submitted to the president for review and received his approval, it takes precedence in that state. However, the Parliament would still have the authority to amend that law by passing another one on the same subject later.

Article 246

Eighth Schedule 

  • It contains the list of recognized languages in India. Originally, there were 14 languages in the schedule, but presently it contains 22 languages, namely: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu. 

Articles 344(1) and 351

Ninth Schedule

  • It 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.

Article 31B

Tenth Schedule 

  • It contains provisions relating to the disqualification of the members of Parliament and State Legislatures 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.

Articles 102(2) and 191(2)

Eleventh Schedule

  • It was added to the Constitution by 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 Agriculture, Land improvement, implementation of land reforms, land consolidation and soil conservation, etc.

Article 243G

Twelfth Schedule 

  • It deals with the powers, authorities, and responsibilities of the municipalities. It was also added by the Constitution (Seventy-fourth Amendment) Act, 1992. 
  • It contains 18 functional items of the municipalities that are Urban planning, including town planning, Regulation of land use and construction of buildings, etc. 

Article 243W

Schedules of the Indian Constitution PYQs

Mains

Q) What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (2016)

 

Prelims 

Q) If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?(2022)

  1. This would prevent the transfer of land of tribal people to non-tribal people.
  2. This would create a local self-governing body in that area.
  3. This would convert that area into a Union Territory.
  4. The State having such areas would be declared a Special Category State.

 

Q) The Ninth Schedule was introduced in the Constitution of India during the prime ministership of (2019)

  1. Jawaharlal Nehru
  2. Lal Bahadur Shastri
  3. Indira Gandhi
  4. Morarji Desai

 

Q) Consider the following statements: (2018)

  1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
  2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

 

Q) The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (2015)

  1. protect the interests of Scheduled Tribes
  2. determine the boundaries between states
  3. determine the powers, authorities, and responsibilities of Panchayats
  4. protect the interests of all the border States

 

Q) Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (2014)

  1. Second Schedule
  2. Fifth Schedule
  3. Eighth Schedule
  4. Tenth Schedule

Schedules of the Indian Constitution FAQs

Q) How many schedules were there originally in the Indian Consitution?

Originally, there were eight schedules in the Indian Constitution. Later, four more schedules, i.e., the 9th, 10th, 11th, and 12th Schedules were added through the 1st, 52nd, 73rd, and 74th Constitutional Amendments, respectively. 

 

Q) Is a law placed under the 9th schedule immune from Judicial review? 

No, the Supreme court in the I.R.Coelho case (2007), also known as the 9th schedule case, held that laws included under the Ninth Schedule cannot be completely immune from judicial review.