Schedules of the Indian Constitution

Schedules of the Indian Constitution

• Schedules are basically tables which contains additional details not mentioned in the articles. There are 12 Schedules in the Constitution of India. One of the first mentions of Schedules was made in the Government of India Act, 1935 where it included 10 Schedules.
• Later, when the Indian Constitution was adopted in 1949, it consisted of 8 Schedules. The 9th schedule was added via First Amendment Act, while 10th Schedule was first added by 35th Amendment [Sikkim as Associate State]. Once Sikkim became a state of India, the 10 Schedule was repealed but later added once again by 52th Amendment Act, 1985 in context with the “Anti-defection” law.
• After seven years, in 1992, two consecutive Constitutional Amendments Acts were passed i.e. 73rd and 74th, under which the 11th and 12th schedules were added to the Indian Constitution respectively.
• Today, with the amendments in the Indian Constitution, there are a total of 12 Schedules.
• The Schedules in the Indian Constitution fulfill the following purpose:
  • To reduce the legal complexity of the Constitution as schedules in the Indian Constitution are designed to be easily understood.
  • To be used as a reference when additional information or clarification is needed on a certain provision of the Consitution.  
  • The purpose of the schedule is to make the Constitution easier to revise or update by amending specific sections rather than rewriting the entire article. 

List of Schedules of the Indian Constitution

Schedules of Indian Constitution & Articles

Schedules of Indian Constitution	Articles of Indian Constitution
First Schedule	Article 1 and Article 4
Second Schedule	Articles: 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221
Third Schedule	Articles: 75(4), 99, 124(6), 148(2), 164(3), 188 and 219
Fourth Schedule	Article: 4(1) and 80(2)
Fifth Schedule	Article 244(1)
Sixth Schedule	Article 244(2) and 275(1)
Seventh Schedule	Article 246
Eighth Schedule	Article 344(1) and 351
Ninth Schedule	Article 31-B
Tenth Schedule	Article 102(2) and 191(2)
Eleventh Schedule	Article 243-G
Twelfth Schedule	Article 243-W

Objectives of providing Schedule in the Indian Constitution

• The objective of the schedule is to make the act’s provisions less complicated by separating the legal element from the additional information, making it more brief and easy to understand.
• This division created by the timetable is also advantageous in the event of revisions. If there was no such separation, every time the additional information needed to be updated, an update to the article itself would be required, which is a time-consuming process.
• The schedule is utilized not just in the Indian Constitution, but also in a variety of laws for diverse purposes. It is used to establish a list of states and union territories, as well as a list of other subject matters that fall under the jurisdiction of the state, the union, or both.
• As a result, depending on the needs of the legislation, it can be utilized for a variety of reasons. Schedules can also be utilized when a certain section or article of legislation requires additional clarification or information not included in the main text.

What is 9 Schedule of Indian Constitution?

The Ninth Schedule of the Indian Constitution is a crucial legal provision that shields certain laws from judicial review based on their potential inconsistency with fundamental rights.

• Origin and Purpose:
  • The Ninth Schedule was introduced by the First Amendment Act in 1951.
  • Its primary objective was to safeguard land reform and other socioeconomic legislation from being invalidated by the judiciary.
  • The Supreme Court’s decision in the Shankari Prasad case (1951) prompted the creation of the Ninth Schedule. The court ruled that laws enacted by Parliament could be challenged if they violated fundamental rights guaranteed by the Constitution.
• Composition and Immunity:
  • The Ninth Schedule contains a list of central and state laws that are immune from legal challenges.
  • These laws are considered constitutionally protected and cannot be struck down by the courts based on their conflict with fundamental rights.
  • The Ninth Schedule was brought into existence by adding Article 31B, which aimed to protect laws related to agrarian reform and the abolition of the Zamindari System.
• Salient Features:
  • Article 31B: Provides protection to acts and regulations included in the Ninth Schedule from being challenged and invalidated on the grounds of contravention of fundamental rights.
  • Wider Scope: Unlike Article 31A, which protects only specific categories of laws, the Ninth Schedule covers a broader range of legislation.
  • Land and Reservation Laws: The laws primarily relate to agriculture, land issues, and reservation. For instance, there is a law from Tamil Nadu in the schedule that mandates 69% reservation in the state.
  • Promoting Equity: The Ninth Schedule contributes to reducing economic inequality and promoting social welfare through the protection of laws and policies.
  • Preventing Land Concentration: Another objective is to reduce the concentration of land in a few hands and ensure equitable distribution among farmers, aligning with the constitutional mandate of creating a just society.
• Criticism and Controversy:
  • The Ninth Schedule has faced criticism for:
    • Violating Fundamental Rights: Some argue that it undermines the balance between fundamental rights and directive principles.
    • Lack of Judicial Oversight: The laws in this schedule are shielded from judicial scrutiny.
    • Selective Inclusion: The process of adding laws to the Ninth Schedule has been questioned.

What is 10 Schedule of Indian Constitution?

The 10th Schedule of the Indian Constitution (which talks about the anti-defection law) is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002.

• The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution.
• ‘Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”. 
• The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House.  The law applies to both Parliament and state assemblies.
• The Anti-Defection Law aims to prevent MPs from switching political parties for any personal motive.

What are 11th and 12th schedules?

11th Schedule contains the provisions that specify the powers, authority and responsibilities of Panchayats. This schedule was added by the 73rd Amendment Act of 1992. It has 29 matters.

1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produces.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centres and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.

12th Schedule of the Indian Constitution deals with the provisions that specify the powers, authority and responsibilities of Municipalities. This schedule was added by the 74th Amendment Act of 1992. It has 18 matters.

1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics include registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughter houses and tanneries.

Q) How many schedules were there originally in the Indian Consitution?

Originally, there were eight schedules in the Indian Constitution. Later, four more schedules, i.e., the 9th, 10th, 11th, and 12th Schedules were added through the 1st, 52nd, 73rd, and 74th Constitutional Amendments, respectively. Currently, there are 12 Schedules in the Constitution of India.

Q) Is a law placed under the 9th schedule immune from Judicial review? 

No, the Supreme court in the I.R.Coelho case (2007), also known as the 9th schedule case, held that laws included under the Ninth Schedule cannot be completely immune from judicial review.

Q) How many schedules are there in Indian Constitution in 1950?

In the Indian Constitution, there were 8 Schedules when it was initially adopted in 1949. However, with subsequent amendments, the number of schedules increased to 12.

Q) How many articles schedules and parts are there in the Indian Constitution?

The world’s lengthiest written constitution had 395 articles in 22 parts and 8 schedules at the time of commencement. Now the Constitution of India has more than 448 articles in 25 parts and 12 schedules.