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: 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 Chairpersons).
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
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
9Originally 47) – Criminal and civil law including IPC, CrPC, Marriage divorce,
infants, adoption, will, bankruptcy, insolvency, trust and trustees, Wildlife,
Drugs, Planning, Factories, Newspaper, books, Printing press, Electricity,
Legal, Medical and other profession.
Both Centre and State can
make laws, but laws of parliament will override the state provisions.
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.
The first CAA (in 1951
introduce Prevention of Judicial Review on account of violation of 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 a 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), (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; 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 MunicipalitiesArticle
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; Burials and 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 house and tanneries.
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