THE INDIAN CONSTITUTION: AN OVERVIEW OF THE 12 SCHEDULES

The Indian Constitution comprises 12 Schedules, each detailing specific aspects of governance and administration. These Schedules provide clarity and structure to the constitutional framework, ensuring organized governance.

1. FIRST SCHEDULE: STATES AND UNION TERRITORIES

The First Schedule lists all states and union territories, along with their territorial jurisdictions. It is referenced in Articles 1 and 4 of the Constitution. This Schedule has been amended multiple times to reflect changes in state boundaries and the creation of new states.

2. SECOND SCHEDULE: EMOLUMENTS OF HIGH OFFICIALS

This Schedule outlines the salaries, allowances, and privileges of constitutional dignitaries, including:

• The President
• The Governors of States
• The Speaker and Deputy Speaker of the Lok Sabha
• The Chairman and Deputy Chairman of the Rajya Sabha
• The Judges of the Supreme Court and High Courts
• The Comptroller and Auditor General of India

It is associated with Articles 59, 65, 75, 97, 125, 148, 158, 164, 186, and 221.

3. THIRD SCHEDULE: FORMS OF OATHS AND AFFIRMATIONS

The Third Schedule prescribes the oaths or affirmations for:

• Union and State Ministers
• Members of Parliament
• Members of State Legislatures
• Judges of the Supreme Court and High Courts
• The Comptroller and Auditor General

These oaths affirm allegiance to the Constitution and commitment to uphold its principles, as detailed in Articles 75, 84, 99, 124, 146, 173, 188, and 219.

4. FOURTH SCHEDULE: ALLOCATION OF SEATS IN THE RAJYA SABHA

This Schedule specifies the number of seats allocated to each state and union territory in the Rajya Sabha (Council of States), ensuring proportional representation. It is linked to Articles 4 and 80.

5. FIFTH SCHEDULE: ADMINISTRATION OF SCHEDULED AREAS AND TRIBES

The Fifth Schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes, aiming to protect indigenous communities’ rights and interests. It is referenced in Article 244.

6. SIXTH SCHEDULE: PROVISIONS FOR TRIBAL AREAS

This Schedule provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram, granting them autonomy through District and Regional Councils. It is associated with Articles 244 and 275.

7. SEVENTH SCHEDULE: DIVISION OF POWERS

The Seventh Schedule delineates the distribution of powers between the Union and State governments through three lists:

• Union List: Subjects under the exclusive jurisdiction of Parliament.
• State List: Subjects under the exclusive jurisdiction of State Legislatures.
• Concurrent List: Subjects where both Parliament and State Legislatures can legislate.

This division is crucial for federal governance and is detailed in Article 246.

8. EIGHTH SCHEDULE: OFFICIAL LANGUAGES

The Eighth Schedule lists the recognized official languages of India. Originally, it included 14 languages; subsequent amendments have expanded this number to 22. It is linked to Articles 344 and 351.

9. NINTH SCHEDULE: VALIDATION OF CERTAIN ACTS AND REGULATIONS

Introduced by the First Amendment in 1951, the Ninth Schedule was created to protect land reform and other laws from judicial review, even if they contravened fundamental rights. However, in I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1, the Supreme Court held that laws placed in the Ninth Schedule after April 24, 1973, are subject to judicial review if they violate the basic structure of the Constitution. This Schedule is associated with Article 31B.

10. TENTH SCHEDULE: ANTI-DEFECTION PROVISIONS

Popularly known as the Anti-Defection Law, this Schedule was added by the 52nd Amendment in 1985. It provides for the disqualification of Members of Parliament and State Legislatures on grounds of defection to maintain political stability. It is linked to Articles 102 and 191.

11. ELEVENTH SCHEDULE: POWERS OF PANCHAYATS

Inserted by the 73rd Amendment in 1992, the Eleventh Schedule details the powers, authority, and responsibilities of Panchayats (rural local governments), covering 29 functional items. It is associated with Article 243G.

12. TWELFTH SCHEDULE: POWERS OF MUNICIPALITIES

Added by the 74th Amendment in 1992, the Twelfth Schedule specifies the powers, authority, and responsibilities of Municipalities (urban local governments), encompassing 18 functional items. It is linked to Article 243W.

CASE LAWS AND JUDICIAL INTERPRETATIONS

1. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225:
   This landmark case introduced the Basic Structure Doctrine, asserting that certain fundamental features of the Constitution cannot be altered by amendments. This doctrine has implications for the interpretation and application of various Schedules, especially the Ninth Schedule.

2. I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1:
   The Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution. This judgment ensures that the protection offered by the Ninth Schedule is not absolute.

3. Kameshwar Singh v. State of Bihar, AIR 1952 SC 252:
   This case was one of the earliest challenges to the validity of the Ninth Schedule.