Schedules of the Indian Constitution: All Twelve Schedules Explained

Introduction

The Indian Constitution contains twelve Schedules that provide additional details about constitutional provisions, government institutions, administration and the distribution of powers. They cover subjects such as States and Union Territories, salaries of constitutional authorities, official languages, tribal administration, anti-defection and local government. Understanding all twelve Schedules is important for constitutional law and competitive examinations.

Meaning of Schedules in the Indian Constitution

Schedules are lists or detailed sections attached to the Constitution that explain, organise or supplement its main provisions.

They help present complex constitutional information in a structured form. For example, the Seventh Schedule divides legislative subjects between the Union and the States, while the Tenth Schedule contains rules dealing with disqualification of legislators on grounds of defection (leaving or abandoning their political party in circumstances covered by law).

The Constitution originally contained eight Schedules. Four more were added through constitutional amendments, bringing the total to twelve.

The Twelve Schedules of the Indian Constitution

First Schedule: States and Union Territories

The First Schedule lists the States and Union Territories of India and specifies their territorial details.

It identifies the States and Union Territories that form the Union of India. Changes to their names, areas or boundaries are reflected through the relevant constitutional and legislative processes.

Constitutional relevance: Articles 1 and 4 are closely connected with the First Schedule. Parliament may, subject to Article 3, form new States and alter the areas, boundaries or names of existing States. Consequential changes may be made to the First Schedule.

Example: When a new State is formed or an existing State is divided, the First Schedule is amended to reflect the change.

Second Schedule: Salaries, Allowances and Privileges

The Second Schedule deals with specified financial provisions relating to certain constitutional authorities.

It includes provisions concerning the President, Governors of States, presiding officers of Parliament and State Legislatures, judges of the Supreme Court and High Courts, and the Comptroller and Auditor-General of India, subject to the Schedule's specific provisions and subsequent constitutional changes.

It addresses matters such as salaries, allowances and other entitlements of the offices covered by it.

Constitutional relevance: The Schedule supports the functioning and independence of constitutional authorities by setting out relevant financial provisions.

Third Schedule: Forms of Oath and Affirmation

The Third Schedule contains prescribed forms of oath or affirmation for specified constitutional offices and public functions.

It covers, among others:

• Union and State Ministers.
• Candidates for election to Parliament and State Legislatures.
• Members of Parliament and State Legislatures.
• Judges of the Supreme Court and High Courts.
• The Comptroller and Auditor-General of India.

An oath or affirmation is a formal declaration to perform constitutional duties faithfully and uphold the Constitution.

Constitutional relevance: Articles 75, 99, 124, 148, 164, 173 and 219, among other provisions, refer to oath requirements for different offices or members.

Fourth Schedule: Allocation of Seats in the Rajya Sabha

The Fourth Schedule provides for the allocation of seats in the Rajya Sabha, the Council of States, among the States and the Union Territories represented in that House.

The allocation broadly takes account of population, although the number of seats is not identical for every State and does not change automatically with every population change.

Constitutional relevance: Article 80 deals with the composition of the Rajya Sabha and refers to the Fourth Schedule for the allocation of seats.

Example: The Schedule specifies how many Rajya Sabha seats are allocated to each represented State.

Fifth Schedule: Administration of Scheduled Areas and Scheduled Tribes

The Fifth Schedule contains provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes in States other than the tribal areas covered by the Sixth Schedule.

Scheduled Areas are areas identified for special constitutional administration and protection. Scheduled Tribes are communities recognised under Article 342 for the constitutional safeguards and benefits applicable to them.

The Fifth Schedule provides for matters including:

• The role of the Governor in relation to Scheduled Areas.
• Reports by the Governor to the President concerning their administration.
• The establishment of Tribes Advisory Councils in the circumstances provided by the Schedule.
• Special powers concerning the application of laws and regulations in Scheduled Areas.

Constitutional relevance: The Fifth Schedule aims to protect tribal communities, their interests and their development through special administrative arrangements.

Sixth Schedule: Administration of Tribal Areas

The Sixth Schedule provides special arrangements for the administration of specified tribal areas in four north-eastern States:

• Assam.
• Meghalaya.
• Tripura.
• Mizoram.

It provides for Autonomous District Councils and, where applicable, Regional Councils. These councils exercise specified legislative, administrative and other powers within the limits set by the Constitution.

Their powers may cover matters such as land, forests other than reserved forests, village administration, inheritance, marriage and social customs, subject to the Schedule's provisions.

Constitutional relevance: The Sixth Schedule provides a form of local self-government for specified tribal areas, allowing certain communities to manage matters important to their social and cultural life.

Difference from the Fifth Schedule: The Fifth Schedule generally provides special administrative safeguards for Scheduled Areas and Scheduled Tribes, while the Sixth Schedule establishes autonomous councils with specified powers in designated tribal areas of the four north-eastern States.

Seventh Schedule: Distribution of Legislative Powers

The Seventh Schedule divides legislative subjects between the Union and the States. It contains three lists:

Union List

The Union List contains subjects on which Parliament has the main legislative authority.

Examples include:

• Defence.
• Foreign affairs.
• Atomic energy.
• Railways.
• Currency.

State List

The State List contains subjects on which State Legislatures ordinarily have legislative authority, subject to constitutional exceptions.

Examples include:

• Police.
• Public order.
• Public health.
• Agriculture.
• Local government.

Concurrent List

The Concurrent List contains subjects on which both Parliament and State Legislatures may make laws, subject to constitutional rules governing conflicts between laws.

Examples include:

• Criminal law.
• Criminal procedure.
• Marriage and divorce.
• Education.
• Forests.

Article 246 sets out the distribution of legislative powers with reference to these lists. Article 254 generally addresses conflicts between Union and State laws on Concurrent List subjects.

Constitutional relevance: The Seventh Schedule is central to India's federal system because it identifies the subjects on which the Union and the States may legislate.

Eighth Schedule: Recognised Languages

The Eighth Schedule lists the languages recognised by the Constitution under that Schedule.

It currently contains 22 languages:

• Assamese.
• Bengali.
• Bodo.
• Dogri.
• Gujarati.
• Hindi.
• Kannada.
• Kashmiri.
• Konkani.
• Maithili.
• Malayalam.
• Manipuri.
• Marathi.
• Nepali.
• Odia.
• Punjabi.
• Sanskrit.
• Santali.
• Sindhi.
• Tamil.
• Telugu.
• Urdu.

The Constitution originally listed 14 languages. Subsequent amendments added further languages.

Constitutional relevance: Article 344 and Article 351 refer to the Eighth Schedule in connection with language-related constitutional matters.

Important distinction: The Eighth Schedule does not itself declare all listed languages to be the official language of the Union. Article 343 provides that Hindi in the Devanagari script is the official language of the Union, while the use of English for official purposes is governed by law. States may also adopt official languages under Article 345.

Ninth Schedule: Certain Laws Given Special Protection

The Ninth Schedule was added by the First Constitutional Amendment Act, 1951.

It originally aimed to protect specified laws, particularly land reform laws, from being invalidated on certain Fundamental Rights grounds. Article 31B provides the constitutional framework for this protection.

However, inclusion in the Ninth Schedule does not give a law absolute immunity from judicial review.

In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws inserted into the Ninth Schedule through constitutional amendments made after 24 April 1973 may be reviewed if they damage or destroy the basic structure of the Constitution.

Constitutional relevance: The Ninth Schedule illustrates the relationship between legislative reform, Fundamental Rights and the basic structure doctrine.

Tenth Schedule: Anti-Defection Provisions

The Tenth Schedule deals with disqualification of members of Parliament and State Legislatures on grounds of defection.

It was added by the Fifty-Second Constitutional Amendment Act, 1985.

A member may face disqualification in specified circumstances, including:

• Voluntarily giving up membership of the political party on whose ticket the member was elected.
• Voting or abstaining from voting contrary to a direction issued by the political party, without the required permission or subsequent protection under the Schedule.
• Certain circumstances involving nominated members and independent members who join political parties.

The Schedule contains an exception for a merger when at least two-thirds of the members of the legislature party agree to the merger, subject to the Schedule's requirements. The earlier exception for a split by one-third of members was removed by the Ninety-First Constitutional Amendment Act, 2003.

The decision on disqualification is made by the Speaker or Chairman of the relevant House, subject to judicial review.

Constitutional relevance: The Tenth Schedule aims to discourage political defections and promote stability in elected governments.

Eleventh Schedule: Panchayats

The Eleventh Schedule was added by the Seventy-Third Constitutional Amendment Act, 1992, which introduced constitutional recognition for Panchayati Raj institutions.

It lists 29 subjects that may be entrusted to Panchayats by State Legislatures, subject to Article 243G and applicable State laws.

These subjects include:

• Agriculture.
• Land improvement and soil conservation.
• Minor irrigation and watershed development.
• Animal husbandry.
• Fisheries.
• Rural housing.
• Drinking water.
• Roads and rural infrastructure.
• Poverty alleviation programmes.
• Education.
• Health and sanitation.
• Women and child development.
• Social welfare.
• Public distribution system.
• Maintenance of community assets.

Constitutional relevance: The Eleventh Schedule supports rural local self-government. However, the inclusion of a subject in the Schedule does not automatically transfer that function to every Panchayat; State legislation determines the powers and responsibilities actually assigned.

Twelfth Schedule: Municipalities

The Twelfth Schedule was added by the Seventy-Fourth Constitutional Amendment Act, 1992, which gave constitutional recognition to urban local government.

It lists 18 subjects that may be entrusted to Municipalities under Article 243W and applicable State laws.

These subjects include:

• Urban planning.
• Regulation of land use and construction of buildings.
• Roads and bridges.
• Water supply.
• Public health and sanitation.
• Fire services.
• Urban forestry and environmental protection.
• Slum improvement.
• Urban poverty alleviation.
• Parks, gardens and public amenities.
• Registration of births and deaths.
• Street lighting and public conveniences.
• Regulation of slaughterhouses and tanneries.

Constitutional relevance: The Twelfth Schedule provides a framework for the responsibilities of urban local bodies, including Municipal Corporations, Municipal Councils and Nagar Panchayats, as recognised under the constitutional and State legal framework.

As with the Eleventh Schedule, the actual transfer of functions depends on State laws.

Comparison of the Twelve Schedules

Important Case Law Relating to the Schedules

Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court established the basic structure doctrine, holding that Parliament cannot amend the Constitution in a way that destroys or damages its basic structure. This principle is important when examining constitutional amendments that affect the Schedules.

Kihoto Hollohan v. Zachillhu (1992)

The Supreme Court considered the constitutional validity of the Tenth Schedule. It largely upheld the anti-defection framework but held that decisions made by the Speaker or Chairman under the Schedule are subject to judicial review, generally after the decision has been made.

I.R. Coelho v. State of Tamil Nadu (2007)

The Supreme Court held that laws inserted into the Ninth Schedule through constitutional amendments made after 24 April 1973 are not automatically protected from judicial review. They may be examined if their effect damages or destroys the basic structure.

Practical Example

Suppose a State Legislature passes a law to transfer certain responsibilities for maintaining village roads, drinking water facilities and sanitation to Panchayats.

The Eleventh Schedule lists these subjects as matters that may be entrusted to Panchayats. However, the actual transfer of powers depends on the State's laws made under the constitutional framework for Panchayati Raj.

Similarly, if Parliament amends the Constitution to include a law in the Ninth Schedule, the law does not automatically become immune from every constitutional challenge. Courts may still examine it under the principles explained in I.R. Coelho v. State of Tamil Nadu.

Summary

• The Indian Constitution contains twelve Schedules that provide details supporting its main provisions.
• The First Schedule lists States and Union Territories, while the Fourth Schedule allocates Rajya Sabha seats.
• The Second Schedule covers financial provisions for specified constitutional offices, and the Third Schedule prescribes forms of oath and affirmation.
• The Fifth and Sixth Schedules provide special arrangements for Scheduled Areas and specified tribal areas.
• The Seventh Schedule divides legislative subjects between the Union and the States through the Union List, State List and Concurrent List.
• The Eighth Schedule lists 22 recognised languages.
• The Ninth Schedule provides protection to specified laws under Article 31B, but that protection is subject to the basic structure doctrine.
• The Tenth Schedule contains anti-defection provisions and was added by the Fifty-Second Amendment Act, 1985.
• The Eleventh Schedule lists 29 subjects that may be entrusted to Panchayats.
• The Twelfth Schedule lists 18 subjects that may be entrusted to Municipalities.
• The Eleventh and Twelfth Schedules were added by the Seventy-Third and Seventy-Fourth Constitutional Amendment Acts, respectively.
• The Schedules must be read along with the relevant Articles of the Constitution to understand their legal effect.