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Schedules of Indian Constitution: 12 Schedules, Governance & Democracy

 

Schedules of Indian Constitution: 12 Schedules, Governance & Democracy #

Schedules of Indian Constitution in Democratic Governance #

The Schedules of Indian Constitution is a complex and comprehensive document, features a set of schedules that play a vital role in providing additional clauses and detailed provisions on various aspects of governance

  • Objective: To enhance and clarify specific areas within the constitution, ensuring that the core sections and articles are not burdened with excessive details.
  • Component: Schedules of Indian Constitution originally encompassed eight schedules that addressed various matters, from the allocation of Rajya Sabha seats to the recognition of languages.
    • However, with the passage of time and evolving needs, the Constitution has been enriched to include 12 schedules. 
  • Philosophy: The Schedules of Indian Constitution reflects India’s commitment to a robust and adaptive democracy. 
    • They have been instrumental in sustaining the foundational ideals of the Constitution while ensuring that the governance framework remains relevant and effective.

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Also Read: UNDERSTANDING THE PREAMBLE OF INDIAN CONSTITUTION: SIGNIFICANCE, EVOLUTION, AND CONTEMPORARY DEBATES

What are the 12 Vital Schedules of Indian Constitution? #

Schedule Subject Matters Related Articles
First
  • Names of the states and their territorial jurisdiction
  • Names of the Union territories and their extent.
  • Currently, within the Union of India, there are 28 states and 8 union territories.
Articles: 1 and 4
Second
  • Provisions related to emoluments, allowances, privileges of: 
  • President of India  Governors of states 
  • Speaker and the Deputy Speaker of Lok Sabha and Legislative Assembly in states
  • Chairman of Rajya Sabha and Deputy Chairman of Rajya Sabha
  • Chairman and Deputy Chairman of Legislative Councils of the Indian States
  • Judges of the Supreme Court and High Courts 
  • CAG of India

(Note: No provision for Chairman of UPSC, ECI, AGI)

Articles: 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221
Third It contains Form of Oath for office, Secrecy and Affirmation

  • Form of Oath of Office for 
    • Minister for the Union
    • Minister for a State
  • Form of Oath of Secrecy for 
    • Minister for the Union
    • Minister for the State

Form of Oath or Affirmation to be made by

  • A candidate for election to Parliament
  • A member of Parliament
  • A candidate for election to Legislature of a State(or Legislative Council)
  • A member of the Legislature of a State(or Legislative Council)
  • Judges of the Supreme Court and the Comptroller and Auditor-General of India
  • The Judges of a High Court

(NOTE: No oath for President, Governor ,Member of Election Commission and other Bodies like NCSC,NCST etc and Attorney General in Third Schedule)

Articles: 75, 99, 124, 148, 164, 188 and 219
Fourth
  • Allocation of seats in the Rajya Sabha to the states and the UTs.
Articles: 4 and  80
Fifth
  • Provisions as to the Administration and Control of Schedules of Indian Constitution, including Scheduled Areas and Scheduled Tribes
  • Administration and control of Schedules of Indian Constitution pertaining to Scheduled Areas.
  • Amendment of the Schedules of Indian Constitution
Article: 244
Sixth
  • Provisions related to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Article: 244 and 275
Seventh
  • Division of powers between the Union and the States in terms of
    •  Union List: Presently 100 subjects (Originally 97)
    •  State Lis: Presently 61 subjects (Originally 66)
    • Concurrent List: Presently 52 Subjects (Originally 47)
  • The Parliament has the authority to enact legislation pertaining to residual Subjects or those subjects  that are not included in any of  the three lists.
Article 246
Eighth It deals with languages recognised by the Constitution of India.

  • Originally, it was 14 and currently it includes 22 languages.
  • These 22 includes Assamese,  Bengali,  Gujarati,  Hindi,  Kannada,  Kashmiri, Konkani,  Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali,  Maithili and  Dogri.
  • The  21st Constitutional Amendment, included Sindhi in 1967.
  • The 71st Constitutional  Amendment, enacted in 1992, included three more languages, i.e. Konkani, Meitei (Manipuri) and Nepali. 
  • The 92nd Constitutional Amendment added Bodo, Dogri, Santhali and Maithili in 2003, raising the total number of languages to 22.
  • At present, there are demands for inclusion of 39 more languages in the Eighth Schedules of Indian Constitution (As per Ministry Home Affairs Data).
Articles: 344 and 351
Ninth
  • Laws and regulations enacted by state legislatures pertaining to land reforms and the eradication of the zamindari system.
  • Jawaharlal Nehru, the Prime Minister at the time, introduced this schedule to the Indian Constitution through the 1st Amendment in 1951.
    • To protect the laws included in Schedules of Indian Constitution from judicial scrutiny on the ground of violation of fundamental rights.
    • But in 2007, the Supreme Court ruled that the laws included in Schedules of Indian Constitution after April 24, 1973, are now open to judicial review which is the Basic structure of the constitution.
Article: 31B
Tenth
  • Provisions as to disqualification on ground of defection of the members of Parliament and State Legislatures
  • It is also known as Anti-Defection Law which was added by the 52nd Constitutional Amendment Act of 1985.
Article: 102 and 191
Eleventh
  • It specifies the powers, authority and responsibilities of Panchayats (29 matters) 
  • This  Schedules of Indian Constitution was added by the 73rd amendment Act, 1992 which came into force  on 24 April 1992.

(Note: National Panchayati Raj Day is observed on April 24th.)

Article: 243G
Twelfth
  • It specifies powers, authority and responsibilities of Municipalities (18 Matters).
  • This Schedules of Indian Constitution was added by the 74th Amendment Act, 1992 (It came into  force on 1 June 1993)
Article: 243W

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Schedules of Indian Constitution Adapting to Changing Times #

  • Fulfilling Aspirations: The Schedules of Indian Constitution have evolved over time to mirror the dynamic demands and aspirations of the nation.
    • These changes have fortified India’s democracy and played a crucial role in upholding the fundamental principles of the Constitution.
  • Accommodate Changes: As India progressed and its social, political, and economic landscape transformed, the Schedules of Indian Constitution were amended and expanded to accommodate these shifts. 
  • Flexibility: The flexibility of the Schedules of Indian Constitution allowed for the inclusion of new provisions, addressing emerging challenges and opportunities.
    • To meet these needs, four more schedules, The Ninth, Tenth, Elevent, and Twelfth Schedules of Indian Constitution were added through the 1st, 52nd, 73rd, and 74th Constitutional Amendments, respectively. 
Also Read: CONSTITUTION AND CONSTITUTIONALISM: PRINCIPLES, SAFEGUARDS, AND CHALLENGES IN GOVERNANCE

How many parts, articles and schedules constitute the framework of the Indian Constitution? #

Original  constitution consisted of 395 articles divided into 22 parts and 8 schedules

However, a number of amendments were made in the constitution which changed, deleted and added new article , parts and the Schedules of Indian Constitution.

  • The 7th Amendment Act (1956) deleted Part VII (dealing with Part-B states) 
  • The 42nd Amendment Act (1976) added both Part IV-A and Part XIV-A.
  • The 74th Amendment Act (1992)  added Part IX-A.
  • The 97th Amendment Act (2011) added Part IX-B.
  • Currently, there are 448 articles categorized into 25 parts and 12 schedules.

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List of Parts in the Constitution as below. #

Parts  Subject Matter
Part I The Union and its territory (Articles 1 to 4)
Part II  Citizenship (Articles 5 to 11)
Part III  Fundamental Rights (Articles 12 to 35)
Part IV Directive Principles of State Policy (Articles 36 to 51)
Part IVA Fundamental Duties (Article 51A)

Part V

The Union (Articles 52 to 151)
Chapter I – The Executive ( Article 52 to 78 )

Chapter II – Parliament (79 to 122)

Chapter III – Legislative Powers of President (123)

Chapter IV – The Union Judiciary (124 to 147)

Chapter V – Comptroller and Auditor-General of India (148 to 151 )

(Note: It does not include UPSC,ECI)

Part VI

The States (Articles 152 to 237) 
Chapter I – General 152Chapter II – The Executive 153 to 167Chapter III – The State Legislature 168 to 212Chapter IV – Legislative Powers of Governor 213Chapter V – The High Courts 214 to 232Chapter VI – Subordinate Courts 233 to 237(Note: It does not include State Election Commission and State service COmmission)

Part VII 

The States in Part B of the First Schedule (deleted)
Part IX The Panchayats (Articles 243 to 243O)
Part IXA The Municipalities (Articles 243P to 243 ZG)
Part IXB Co-operative Societies (Articles 243H to 243 ZT)
Part X  The Schedules of Indian Constitution and Tribal Areas (Articles  244 to 244A)
Part XI  The relations between the Union and the States (Articles 245 to 263)
Part XII  Finance, Property, Contracts, and Suits (Articles 264 to 300A)

Right to property (Article 300 A)

Part XIII Trade, Commerce and Intercourse within the Territory of India (Articles 301 to 307)
Part XIV Part XIV : Services under the Union and the States (Articles 308 to 323)
Part XIVA Tribunals (Articles  323A and 323B )
Part XV Elections (Articles 324 to 329A)
Part XVI Special provisions relating to certain classes (Articles 330 to 342)
Part XVII  Official Language (Articles 343 to 351)
Part XVIII Emergency Provisions (Articles 352 to 360)
Part XIX Miscellaneous (Articles 361 to 367)
Part XX Amendment to the Constitution ( Article 368)
Part XXI Temporary, Transitional and Special Provisions (Articles 369 to 392)

Part XXII

Short title, commencement, authoritative text in Hindi and repeals (Articles 393 to 395)

 

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Previous Year Question (Prelims) #

1. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? [2019]

  1. Third Schedule
  2. Fifth Schedule
  3. Ninth Schedule
  4. Twelfth Schedule

2. 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

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3. 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, authority and responsibilities of Panchayats
  4. protect the interests of all the border States

4. 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
Also Read: REGULATING ACT 1773: SHAPING EAST INDIA COMPANY’S GOVERNANCE

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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