Introduction

The Schedules laid down in the Constitution of India, 1950 (COI) are the list that categorizes and tabulates bureaucratic activity and government policy. The object of schedules is to remove any type of ambiguity and to provide excessive details in reference to the articles of the constitution.

• Initially, the Constitution had eight Schedules, but now there are twelve.

First Schedule

• The First Schedule is read with Article 1 and 2 of the COI.
• It enumerates the lists in which names of the States and Union territories and their territorial jurisdictions are laid down.
• It has been amended several times to reflect changes in the names and boundaries of states and union territories.
  • At present, there are 28 States and 8 Union territories in the Union of India.

Second Schedule

• The Second Schedule outlines the emoluments, allowances, and privileges of
  • The President of India, the Governors of states. (Part A)
  • The Speakers and Deputy Speakers of the Lok Sabha and the Legislative Assemblies of states, the Chairman and Deputy Chairman of the Rajya Sabha and the Legislative Councils of states. (Part C)
  • The judges of the Supreme Court and High Courts. (Part D)
  • The Comptroller and Auditor General of India. (Part E)

Third Schedule

• The Third Schedule contains the forms of oaths and affirmations for:
  • Union Ministers
  • Candidates for election to Parliament
  • Members of Parliament
  • Judges of the Supreme Court and the Comptroller and Auditor General of India.
  • State ministers
  • Candidates for election to the state legislature
  • Members of the state legislature
  • Judges of a High Court

Fourth Schedule

• The Fourth Schedule allocates seats for each State and Union territories in the Rajya Sabha (Council of States), the upper house of Parliament.
• The allocation is based on the population of each state and union territory.

Fifth Schedule

• The Fifth Schedule deals with the administration and control of scheduled areas and scheduled tribes in any state except the states of Assam, Meghalaya, Tripura, and Mizoram.
  • At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Areas.
• It provides for the establishment of Tribal Advisory Councils and the appointment of a Governor to report on the administration of these areas.

Sixth Schedule

• The Sixth Schedule provides the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• It includes provisions for the formation of Autonomous District Councils and Autonomous Regional Councils with legislative and judicial powers.

Seventh Schedule

• The Seventh Schedule is read with Article 246 of the COI, which empowers the Parliament and State legislature to make laws regarding any matter that falls within their field of legislation.
• The Seventh Schedule specifies the distribution of powers and responsibilities between the Union and the states. It contains three lists:
  • Union List: Subjects under the exclusive jurisdiction of the Union government. At present there are 100 subjects in the Union list.
  • State List: Subjects under the exclusive jurisdiction of the state government. At present there are 61 subjects in the State list.
  • Concurrent List: Subjects under the joint jurisdiction of the Union and state governments. At present there are 52 subjects in the concurrent list.

Eighth Schedule

• The Eighth Schedule lists the official languages recognized by the COI.
• Originally, it included 14 languages, but now it includes 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.
• These languages are eligible for representation on the Official Language Commission and for certain official purposes.

Ninth Schedule

• The Ninth Schedule was added by the First Amendment Act in 1951 to protect laws that are inconsistent with the fundamental rights guaranteed by the Constitution from judicial review.
• This was primarily to safeguard land reform and other laws.
• Initially, there were only 13 laws in the Ninth Schedule but at present, there are 284 laws provided under the schedule.

Tenth Schedule

• The Tenth Schedule, added by the 52^nd Amendment Act in 1985, deals with the disqualification of members of Parliament and state legislatures on the grounds of defection.
• It is commonly referred to as the "Anti-Defection Law".
• Article 102(2) and 191(2) of the COI states that a person shall be disqualified for being a member of either house of parliament if he is so disqualified under the tenth schedule.

Eleventh Schedule

• The Eleventh Schedule, added by the 73^rd Amendment Act in 1992, contains provisions that outline the powers, authority, and responsibilities of Panchayats (rural local governments).
• It includes 29 subjects related to rural development and planning.

Twelfth Schedule

• The Twelfth Schedule, added by the 74^th Amendment Act in 1992, contains provisions that outline the powers, authority, and responsibilities of Municipalities (urban local governments).
• It includes 18 subjects related to urban planning and development.

Case Laws

• Kihoto Hollohan v. Zachillhu & Ors. (1992)
  • The Supreme Court held that the decision of Speaker/Chairman for disqualifying a member on the ground of defection does not abrogate or detract review under Article 136, 226 and 227 of the COI.
• I.R. Coelho v. State Of Tamil Nadu & Ors. (2007)
  • The Supreme Court held that if a law held to be violative of any rights in Part III is subsequently incorporated in the Ninth Schedule after 24^th April, 1973, such a violation/infraction shall be open to challenge on the ground that it destroys or damages the basic structure as indicated in Article 21 read with Article 14, and Article 19 the principles underlying thereunder.

Conclusion

Each of these Schedules plays a crucial role in the functioning of India's federal structure and governance. They help in organizing the vast and diverse administrative tasks and policies necessary for the smooth operation of the country.