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Comprehensive Guide to the Schedule of the Indian Constitution

Comprehensive Guide to the Schedule of the Indian Constitution

Comprehensive Guide to the Schedule of the Indian Constitution

Comprehensive Guide to the Schedule of the Indian Constitution-The Indian Constitution stands as a beacon of democracy, enshrining the rights and duties of its citizens. At its core lie various schedules that add depth and specificity to the constitutional framework. In this comprehensive guide, we embark on a journey to unravel the significance, structure, and implications of the Schedule of the Indian Constitution.

Comprehensive Guide to the Schedule of the Indian Constitution

Understanding the Basics

Comprehensive Guide to the Schedule of the Indian Constitution- The Schedule is an integral part of the Constitution, providing a supplementary layer that complements its core provisions. It comprises lists that categorize and allocate powers and responsibilities among the Union, States, and Concurrent Lists. These lists, known as the First, Second, and Third Schedules, delineate subjects under the jurisdiction of the Central Government, State Governments, and both, respectively.

First Schedule of Indian Constitution It contains the name of States and Union Territories Territorial Jurisdiction of states is also included
Second Schedule of Indian Constitution The provisions in relation to allowances, privileges, emoluments of:
President of India
Governors of Indian States
Speaker of Lok Sabha & Deputy Speaker of Lok Sabha
Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha
Speaker and Deputy Speaker of Legislative Assemblies of Indian States
Chairman and Deputy Chairman of Legislative Councils of the Indian States
Supreme Court Judges
High Court Judges
Comptroller & Auditor General of India (CAG).
Third Schedule It contains the forms of oath and affirmation for:
Union Ministers of India
Parliament Election Candidates
Members of Parliament (MPs)
Supreme Court Judges
Comptroller and Auditor General
State Ministers
State Legislature Elections’ Candidates
State Legislature Members
High Court Judges.
Fourth Schedule It contains the provisions in relation to the allocation of seats for States and Union Territories in the Rajya Sabha.
Fifth Schedule It contains provisions in relation to the administration and control of scheduled areas and scheduled tribes.
Sixth Schedule This schedule deals with the three legislative lists:
Union
State
Concurrent
Eighth Schedule It deals with the 22 official languages recognized by the Constitution of India:
Assamese
Bengali
Bodo
Dogri (Dongri)                     •    Oriya
Gujarati                               •    Punjabi
Hindi                                    •    Sanskrit
Kannada                              •    Santhali
Kashmiri                              •    Sindhi
Konkani                               •    Tamil
Mathili (Maithili)                 •    Telugu
Malayalam                          •    Urdu
Manipuri
Marathi
Nepali
# Of these languages, 14 were initially included in the Constitution. Subsequently, Sindhi was added in 1967; Konkani, Manipuri and Nepali were added in 1992; and Bodo, Dogri, Maithili and Santali were added by the 92nd Amendment Act of 2003
Tenth Schedule It contains provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.
Note: This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
Eleventh Schedule It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
Note: This schedule was added by the 73rd Amendment Act of 1992
Twelfth Schedule It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
Note: This schedule was added by the 74th Amendment Act of 1992.
   

Comprehensive Guide to the Schedule of the Indian Constitution

7th Schedule of Indian Constitution

      • The 7th Schedule of Indian Constitution has three lists namely, the Union list, state list, and concurrent list that show the division of power between the Union and States concerning certain subjects. The Union List has a total of 97 subjects, the State List has 66 subjects, and the Concurrent List has 47 Subjects.

      • The union list now has 100 subjects, the State list has 61 subjects, and the Concurrent List has 52 subjects summarized under it. Before we learn about the subject included in these three lists, let’s first look at the key features of union, state, and concurrent lists.

    Concurrent List of Indian Constitution

        • Both the union and the state manage the concurrent list. Mentioned are the features of the concurrent list incorporated under the 7th Schedule of Indian Constitution:

        • Five subjects were added to the concurrent list after the 42nd Amendment of 1976. These five subjects are the administration of justice, constitution, and organization of all the courts, except the supreme court and the high court, Education, Forests, Protection of Birds and Wildlife, Weights, and Measures.

        • The concept of a concurrent list wasn’t originally of India as it is adopted from the constitution of Australia.

      Subjects Under Union List
        Defence of India Naval, military, and Air Force works Arms, firearms, ammunition, and explosives Atomic energy and mineral resources
        Industries declared by Parliament by law Central Bureau of Intelligence and Investigation Preventive detention for reasons connected with defence or Foreign Affairs Foreign Affairs: related to Union and any foreign country
      United Nation Organization   War and Peace   Foreign jurisdiction Citizenship, Naturalization and Aliens
        Extradition Pilgrimages to places outside of India   Railways Piracy and crime committed on higher seas
      Highways declared by law made by parliament Lighthouses, including the light ships and bacon Maritime shipping and navigation   Reserve Bank of India

      Comprehensive Guide to the Schedule of the Indian Constitution

      Subjects Under State List
          Public order Prisons, reformatories, and other institutions of the same nature   Public health and sanitation   Pilgrimages other than those outside of India
            Relief of the disabled and unemployable     Burials and burial grounds, cremations, and cremation grounds     Libraries, museums, and other similar institutions   Communication through roads, bridges, ferries, and other means of communication

          Agriculture, including agricultural education and research     Pounds and prevention of cattle trespass   Water supplies, irrigation, canal, drainage, and embankments     Fisheries
          Gas and Gas works     Inns and innkeepers     Betting and gambling   Salaries and allowances of members of the Legislature of the state
        State public services and state public service commission   Public Debt of the state   Taxes on Agriculture Income   Duties in respect of succession to agricultural land

      Comprehensive Guide to the Schedule of the Indian Constitution

      Residuary Powers Under Schedule 7 of Indian Constitution

          • The Residuary powers refer to the exercising of jurisdiction on subjects that are not mentioned either in the state list or the concurrent list.

          • The subjects like cyber laws, Information Technology, etc., are included in the residual list. Ideally, just topics are handled by the union government, and under Article 248, the parliament can exercise its authority to decide such subjects.

        TRICK FOR SCHEDULES OF INDIAN CONSTITUTION

        Comprehensive Guide to the Schedule of the Indian Constitution

        Key Amendments and Impacts

        73rd and 74th Amendments

        The 73rd and 74th Amendments, enacted in 1992, introduced the Panchayati Raj and Municipalities, respectively, into the Constitution. These landmark changes led to the addition of new entries in the Eleventh and Twelfth Schedules, empowering local self-governance and decentralization.

        GST and the One Hundred and First Amendment

        The Goods and Services Tax (GST) marked a paradigm shift in India’s tax structure. The One Hundred and First Amendment to the Constitution introduced the GST Council, impacting the First Schedule by altering taxation powers between the Centre and States.

        Some important question-

        Which one of the following Schedules of the Constitution of India contains provisions regarding anti- defection? (UPSC 2014)

            1. Second Schedule

            1. Fifth Schedule

            1. Eighth Schedule

            1. Tenth Schedule

          The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (UPSC 2015)

              1. protect the interests of Scheduled Tribes

              1. determine the boundaries between States

              1. determine the powers, authority, and responsibilities of Panchayats

              1. protect the interests of all the border States.

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