Schedules to the Indian Constitution Tnpsc Samacheer

Overview and Structural Context

• Original vs. Present Count:
  • Originally in 1949, the Constitution contained 8 Schedules.
  • Various amendments carried out since 1951 have added four Schedules (9, 10, 11, and 12), bringing the total to 12 Schedules.

First Schedule

• Articles Covered: Articles 1 and 4.
• Subject Matter:
  • Names of the States and their territorial jurisdiction.
  • Names of the Union Territories and their extent.
• Constitutional References and Amendments:
  • Mentioned in Article 1 regarding names of states and union territories and their territorial extent.
  • Article 4 provides for laws made under Articles 2 and 3 to amend the First and Fourth Schedules.
  • Modified by the 36th Constitutional Amendment Act (1975) to make Sikkim a full-fledged state (the 22nd state) of the Indian Union.
  • Modified by the 100th Constitutional Amendment Act (2015) in relation to the territories of four states (Assam, West Bengal, Meghalaya, and Tripura) to give effect to the acquiring and transfer of territories/enclaves with Bangladesh.

Second Schedule

• Articles Covered: Articles 59, 65, 75, 97, 125, 148, 158, 164, 186, and 221.
• Subject Matter:
  • Provisions relating to the emoluments, allowances, privileges, and so on of:
    1. The President of India
    2. The Governors of States
    3. The Speaker and the Deputy Speaker of the Lok Sabha
    4. The Chairman and the Deputy Chairman of the Rajya Sabha
    5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states
    6. The Chairman and the Deputy Chairman of the Legislative Council in the states
    7. The Judges of the Supreme Court
    8. The Judges of the High Courts
    9. The Comptroller and Auditor-General of India
• Amendment Process:
  • Provisions relating to the Second Schedule (emoluments, allowances, privileges, etc., of the President, Governors, Speakers, judges, etc.) can be amended by a simple majority of Parliament under Article 368.

Third Schedule

• Articles Covered: Articles 75, 84, 99, 124, 146, 173, 188, and 219.
• Subject Matter:
  • Forms of Oaths or Affirmations for:
    1. The Union ministers
    2. The candidates for election to the Parliament
    3. The members of Parliament
    4. The judges of the Supreme Court
    5. The Comptroller and Auditor-General of India
    6. The state ministers
    7. The candidates for election to the state legislature
    8. The members of the state legislature
    9. The judges of the High Courts

Fourth Schedule

• Articles Covered: Articles 4 and 80.
• Subject Matter:
  • Allocation of seats in the Rajya Sabha to the states and the union territories.
• Additional Details in Text:
  • The number of members to be elected from each State to the Rajya Sabha has been fixed by the Fourth Schedule of the Constitution.
  • Amended by the 36th Constitutional Amendment Act (1975) when making Sikkim a state.
  • Laws made under Articles 2 and 3 provide for amendment of the First and Fourth Schedules.

Fifth Schedule

• Article Covered: Article 244.
• Subject Matter:
  • Provisions relating to the administration and control of scheduled areas and scheduled tribes.
• Additional Details in Text:
  • Contains separate provisions overriding general provisions relating to states as a class.
  • Provisions relating to the Fifth Schedule (administration of scheduled areas and scheduled tribes) can be amended by a simple majority of Parliament.

Sixth Schedule

• Articles Covered: Articles 244 and 275.
• Subject Matter:
  • Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• Additional Details in Text:
  • Contains separate provisions with respect to the administration of tribal areas within the states.
  • Provisions relating to the Sixth Schedule (administration of tribal areas) can be amended by a simple majority of Parliament.

Seventh Schedule

• Article Covered: Article 246.
• Subject Matter:
  • Division of powers between the Union and the States in terms of List I (Union List), List II (State List), and List III (Concurrent List).
• Subject Counts:
  • List I (Union List): Presently contains 100 subjects (originally 97).
  • List II (State List): Contains 61 subjects (originally 66) (noted in class 12 text as 59 items).
  • List III (Concurrent List): Contains 52 subjects (originally 47).
• Constitutional Operation:
  • Parliament has exclusive authority to legislate on Union List subjects; State Legislatures have exclusive authority over State List subjects; both can legislate on Concurrent List subjects (with Union law prevailing in case of conflict).
  • Residuary powers not mentioned in any of the three lists are vested in the Centre/Union.
  • Any amendment to any of the lists in the Seventh Schedule requires a special majority of Parliament along with the consent/ratification of half of the state legislatures by a simple majority.

Eighth Schedule

• Articles Covered: Articles 344 and 351.
• Subject Matter:
  • Languages recognized by the Constitution.
• Language Counts and Historical Additions:
  • Originally had 14 languages; presently has 22 languages.
  • The 22 recognized languages are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu.
  • Amendments:
    • Sindhi was added by the 21st Amendment Act of 1967.
    • Konkani, Manipuri, and Nepali were added by the 71st Amendment Act of 1992.
    • Bodo, Dongri, Maithili, and Santhali were added by the 92nd Amendment Act of 2003.
    • Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011.
• Related Constitutional References in Text:
  • Qualifying Paper A in the UPSC Civil Services Main Examination requires selecting one of the Indian languages included in the Eighth Schedule.
  • Under naturalisation qualifications in the Citizenship Act (1955), an applicant must possess adequate knowledge of a language specified in the Eighth Schedule.

Ninth Schedule

• Article Covered: Article 31-B.
• Subject Matter and Historical Origin:
  • Deals with Acts and Regulations of state legislatures relating to land reforms and abolition of the zamindari system, and of Parliament dealing with other matters.
  • Added by the 1st Constitutional Amendment Act (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of Fundamental Rights.
• Number of Entries:
  • Originally in 1951, it contained only 13 acts and regulations.
  • Presently (in 2016), their number is 282. Though the last entry is numbered 284, the actual total is 282 because three entries (87, 92, and 130) were deleted and one entry is numbered 257-A.
• Judicial Review Status:
  • In the I.R. Coelho case (2007), the Supreme Court ruled that there cannot be blanket immunity from judicial review for laws in the Ninth Schedule, as judicial review is a “basic feature” of the Constitution.
  • Laws placed under the Ninth Schedule after April 24, 1973 (the date the basic structure doctrine was propounded in the Kesavananda Bharati case) are open to challenge in court if they violate fundamental rights guaranteed under Articles 14, 15, 19, and 21 or the basic structure.
• Notable Inclusion:
  • The Tamil Nadu Reservations Act of 1994 (providing 69% reservation) was placed in the Ninth Schedule by the 76th Amendment Act of 1994 to protect it from judicial review.

Tenth Schedule

• Articles Covered: Articles 102 and 191.
• Subject Matter:
  • Provisions relating to disqualification of members of Parliament and State Legislatures on the ground of defection.
• Addition and Amendments:
  • Added by the 52nd Constitutional Amendment Act of 1985, commonly known as the Anti-defection Law.
  • Powers of the Speaker of the Lok Sabha to disqualify a member of the house on grounds of defection fall under this constitutional framework.
• Earlier Historical Tenth Schedule (Now Repealed):
  • The 35th Constitutional Amendment Act (1974) had previously inserted a Tenth Schedule containing terms and conditions of association when making Sikkim an “associate state”, which was subsequently repealed by the 36th Constitutional Amendment Act (1975).

Eleventh Schedule

• Article Covered: Article 243-G.
• Subject Matter:
  • Specifies the powers, authority, and responsibilities of Panchayats.
  • Contains 29 matters.
• Addition:
  • Added by the 73rd Constitutional Amendment Act of 1992, which gave constitutional recognition to rural local governments (panchayats) alongside Part IX.

Twelfth Schedule

• Article Covered: Article 243-W.
• Subject Matter:
  • Specifies the powers, authority, and responsibilities of Municipalities.
  • Contains 18 matters.
• Addition:
  • Added by the 74th Constitutional Amendment Act of 1992, which gave constitutional recognition to urban local governments (municipalities) alongside Part IX-A.

Separate/Statutory Schedules Mentioned in the Documents

• Schedules of the Citizenship Act, 1955:
  • First Schedule: List of countries related to Commonwealth Citizenship (omitted by the 2003 Amendment).
  • Second Schedule: Oath of Allegiance.
  • Third Schedule: Qualifications for Naturalisation.
  • Fourth Schedule: List of countries related to Overseas Citizenship (omitted by the 2005 Amendment).