The Indian Constitution is a complex document, and understanding its schedules is crucial for grasping its structure and functioning. This blog post breaks down the 12 schedules, highlighting their key provisions and significance.
From 8 to 12: A Growing Constitution
Originally, the Constitution had only 8 schedules. Over time, through amendments, this number has grown to 12, reflecting the evolving needs and dynamics of the nation.
1. First Schedule (Articles 1 & 4):
- Lists the states and union territories of India, defining their boundaries.
2. Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 & 221):
- Specifies the salaries, allowances, and privileges of:
- President of India
- Governors of States
- Speaker and Deputy Speaker of Lok Sabha
- Chairman and Deputy Chairman of Rajya Sabha
- Speaker and Deputy Speaker of State Legislative Assemblies
- Chairman and Deputy Chairman of State Legislative Councils
- Chief Justice and other Judges of the Supreme Court and High Courts
- Comptroller and Auditor General of India (CAG)
Key Points:
- Salaries of the President, Chairman/Deputy Chairman of Rajya Sabha, Speaker/Deputy Speaker of Lok Sabha, Supreme Court Judges, and CAG are charged on the Consolidated Fund of India.
- Salaries of the Governor, Speaker/Deputy Speaker of Legislative Assemblies, Chairman/Deputy Chairman of Legislative Councils, and High Court Judges are charged on the Consolidated Fund of the respective State.
- Governors and High Court Judges receive their salaries from the State’s Consolidated Fund but their pensions from the Consolidated Fund of India.
3. Third Schedule (Articles 75(4), 84, 99, 124(6), 148(2), 164(3), 173, 188 & 219):
- Contains the forms of oaths or affirmations for:
- Members of Parliament (MPs)
- Members of Legislative Assemblies (MLAs)
- Union and State Ministers
- Prime Minister and Chief Minister
- Judges of the Supreme Court and High Courts
- CAG
Key Points:
- Oaths for the President, Vice-President, and Governor are not in the Third Schedule but are found in Articles 60, 69, and 159 respectively.
- Speakers/Deputy Speakers of Lok Sabha and Legislative Assemblies take oaths as MPs and MLAs, not specifically for their Speaker roles.
4. Fourth Schedule (Articles 4(1) & 80(2)):
- Deals with the allocation of seats in the Rajya Sabha (Council of States), based on the 1971 census.
- Rajya Sabha has a maximum of 250 seats, currently 245.
- 233 elected members
- 12 nominated members (by the President for expertise in literature, science, art, and social service)
5. Fifth Schedule (Article 244(1)):
- Concerns the administration and control of Scheduled Areas and Scheduled Tribes.
- Provides for the establishment of a “Tribal Advisory Council” by the President, in consultation with the Governor.
6. Sixth Schedule (Articles 244(2) & 275):
- Deals with the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Provides for the creation of “Autonomous (Territorial) District Councils” by the Governor.
7. Seventh Schedule (Article 246):
- Divides legislative powers between the Union and the States through three lists:
- Union List (subjects of national importance)
- State List (subjects of state importance)
- Concurrent List (subjects of common interest)
8. Eighth Schedule (Articles 344(1) & 351):
- Lists the officially recognized languages of India.
- Originally contained 14 languages, currently has 22.
9. Ninth Schedule (Article 31B):
- Added by the First Amendment Act, 1951.
- Relates to land reform laws and protects them from judicial review.
10. Tenth Schedule (Articles 102(2) & 191(2)):
- Added by the 52nd Amendment Act, 1985.
- Deals with the disqualification of MPs and MLAs on grounds of defection.
11. Eleventh Schedule (Article 243G):
- Added by the 73rd Amendment Act, 1992.
- Lists the powers, functions, and responsibilities of Panchayati Raj institutions.
12. Twelfth Schedule (Article 243W):
- Added by the 74th Amendment Act, 1992.
- Lists the powers, functions, and responsibilities of Municipalities.