Dr. Roman Saini gives an intro to Polity preparation.
Schedules are defined as lists that categorize and tabulate bureaucratic activity and policy of the Government. They are separated from the Indian constitution so as to decrease the bulk of the constitution which is already a 100 page document and the lengthiest in the world. But they are part of the constitution. Schedules were originally eight in number but are now twelve. This increase in the number of Schedules was done through the 1st Constitution amendment act in 1951 (IX- No Judicial review), 52nd Constitution amendment act in 1985 (X- Anti-defection law), the 73rd Constitution amendment act in 1992 (XI- Panchayati Raj) and the 74th Constitution amendment act in 1992 (XII-Municipality).
The Schedules deal with the following-
Schedule I- Territory of India (Articles 1-4)
Part one of the Schedule are the names of states and their territorial jurisdiction. There are 29 states in India, Telangana being the newest addition.
Part two included names of Union territories and their extent. The union territories in India are Delhi, Andaman and Nicobar Islands, Daman and Diu, Lakshadweep, Puducherry, Karikal, Mahe and Yanam, Chandigarh, Dadar and Nagar Haveli.
Schedule II- Deals with the salaries of eminent people (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 22)
This Schedules gives the provisions relating to the emoluments, privileges, allowances etc., of the President of India, Governors, Speaker, Deputy Speaker of the Lok Sabha and the Legislative Assemblies in states, Chairman and Deputy Chairman of the Rajya Sabha and the Legislative Council in states, Judges of Supreme Court, High court and Comptroller and Auditor General (CAG).
It also deals with the official residence of judges without pay, Vice-Resident or person acting as President, Governor or person acting as Governor.
Schedule III- Oath and affirmations
Deals with the Oaths and Affirmations taken by Union and state ministers, MPs and candidates of parliamentary elections, MLAs, MLCs and candidates of state legislature elections, Judges of the Supreme Court, High court and CAG.
Schedule IV- Allocation of seats in Rajya Sabha for states and Union territories
There are 245 sears in the Rajya Sabha. 233 members are elected by indirect election and 12 members (from the field of arts, science, literature and social service) are nominated by the President of India.
Schedule V- Tribal advisory council and PESA- Minor Autonomy (Article 244)
This has previsions relating to the administration of Scheduled areas and Scheduled tribes (excluding Assam, Tripura, Mizoram and Meghalaya). The Governor is required to give a Mandatory Report to the President on the administration of the Scheduled areas and Scheduled tribes.
PESA is also part of this Schedule. PESA (Panchayats Extension to the Scheduled Areas) Act of 1996 gives provisions that resemble the 6th Schedule. This gives the definition of a Village, Gram Sabha and the special powers given to the Gram Sabha and the Panchayat. Reservations at Panchayat which is in proportion to the population of the communities.
There is provision for a Tribal Advisory Council which has 20 members of which 15 members have to be from Scheduled Tribes. They advise on the welfare and the advancement of Scheduled tribes in the state. Governors has constituted Tribal Advisory Council in nine Scheduled areas (Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan) and two non- scheduled areas (Tamil Nadu and West Bengal) exercising the power given to them by the fifth Schedule.
Schedule VI- Assam, Tripura, Mizoram and Meghalaya-Major Autonomy (Articles 244 and 275)
This gives provisions relating to the administration of tribal areas in the states of Assam, Tripura, Mizoram and Meghalaya. These states have large tribal areas and tribal population. The governor and state government have very limited powers in these areas.
There are Autonomous Districts (District council) and Autonomous Regions (Regional council). The powers and provisions of the above are given in this Schedule. These Councils must promote the interests of the inhabitants of the village or town while making decisions and exercising their powers. They must manage forests that do not come under reserved forests. These councils are given many powers from forming village councils, court trials, forming primary schools to tax collection. They can also provide licenses for mineral extraction and they have separate expenditure in budgets. The Governor has the power to create and dissolve the Autonomous Districts and regions as he/ she sees fit.
Schedule VII- Divisions of Power between the Union and State
There are three lists. List I is the Union list and has 100 subjects (originally 97). List II is the State List and has 61 subjects (originally 66). List III is the Concurrent List has the subjects that both the Union and the State have powers over. The Concurrent List has 52 subjects (originally 47). Both the Union and State can make laws but the laws of Parliament override the State Laws. The Parliament can makes laws on subjects in the state list under the conditions of Article 249 (National Interest), Article 250 (Emergency), Article 252 (If two or more states request), and Article 253 (International Agreements).
Schedule VIII- Languages Recognized by the Constitution
The languages recognized are Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odiya, Panjabi, Sanskrit, Tamil, Telugu, Urdu, Sindhi, Manipuri, Konkani, Nepali, Bodo, Dogri, Maithili and Santhali.
Schedule IX- Acts and Regulations of state Legislature
This deals with Land reforms and the abolition of the Zamindari system. Article 31-B of the Constitution of India ensures than any law in the ninth schedule cannot be challenged in courts.
Schedule X- Anti- Defection Law
This deals with the disqualification of MPs and MLA/ MLCs on the grounds of defection. Defection means voluntarily giving up the membership of the political party on whose ticket the member won his/her seat. Independent members cannot join any political party and nominated members cannot join political parties after 6 months as members of Parliament or Legislatures. The Chairman or Speaker is the final arbitrator of the disqualification.
Schedule XI- Panchayats
This specifies the powers, authority and the responsibilities of Panchayats. It establishes a 3-tier government and the organization of Village Panchayats. It has 29 subjects.
Schedule XII- Municipalities and Local governments
This specifies the powers, authority and responsibilities of Municipalities. It has 18 subjects.
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