Summary of #6 Schedules of the Indian Constitution | Constitutional Law & Public Administration in India
The video provides a detailed overview of the 12 Schedules of the Indian Constitution, explaining their purpose, contents, and significance. These schedules serve as annexures to the main text of the Constitution, elaborating on various provisions related to governance, administration, and rights.
Main Ideas and Concepts:
- General Purpose of Schedules:
Schedules are attachments to the Constitution that provide detailed explanations or lists related to constitutional provisions. Originally, the Indian Constitution had 8 schedules; 4 more were added later.
Detailed Breakdown of Each Schedule:
- First Schedule:
- Lists the names of States and Union Territories along with their territorial boundaries.
- Corresponds to Article 1 and 4.
- Second Schedule:
- Details the emoluments, allowances, and privileges of key constitutional functionaries such as:
- President of India
- Governors of States
- Speaker and Deputy Speaker of Lok Sabha
- Chairman and Deputy Chairman of Rajya Sabha
- Judges of Supreme Court and High Courts
- Comptroller and Auditor General of India
- Related Articles: 59, 65, 75, 71, 125, among others.
- Details the emoluments, allowances, and privileges of key constitutional functionaries such as:
- Third Schedule:
- Specifies the forms of oath or affirmation to be taken by constitutional office holders including:
- Union Ministers
- Members of Parliament
- Judges of Supreme and High Courts
- Comptroller and Auditor General
- State Ministers
- Related Articles: 75, 84, 99, 124, 146, 188, 219.
- Specifies the forms of oath or affirmation to be taken by constitutional office holders including:
- Fourth Schedule:
- Deals with the allocation of seats in the Rajya Sabha among States and Union Territories.
- Related Articles: 4 and others.
- Fifth Schedule:
- Concerns administration and control of Scheduled Areas and Scheduled Tribes outside the Northeast, focusing on tribal belts and their governance.
- Sixth Schedule:
- Provides for autonomous administration of tribal areas in the Northeastern states of Assam, Meghalaya, Tripura, and Mizoram, granting them special status.
- Seventh Schedule:
- Most significant schedule, detailing the division of legislative powers between the Union and States through three lists:
- Union List (~98 subjects)
- State List (~59 subjects)
- Concurrent List (~52 subjects, recently expanded from 47)
- Highlights a federal structure with strong centralization favoring the Union government.
- Most significant schedule, detailing the division of legislative powers between the Union and States through three lists:
- Eighth Schedule:
- Recognizes official languages of India, originally 14, now 22 languages including Hindi, Bengali, Tamil, Telugu, Marathi, Punjabi, Urdu, Odia, Nepali, and others.
- Articles 344 and 351 relate to language provisions.
- Amendments have added languages over time, with Odia being the latest addition in 2011.
- Ninth Schedule:
- Contains laws related to land reforms and abolition of the zamindari system, protecting these laws from judicial review initially to safeguard land reforms.
- Introduced by the First Amendment in 1951.
- Supreme Court ruling in 2007 allowed judicial scrutiny of laws in this schedule, reducing its original immunity.
- Tenth Schedule:
- Known as the Anti-Defection Law, it deals with disqualification of members of Parliament and State Legislatures on grounds of defection.
- Added by the 52nd Amendment in 1985.
- Important for maintaining political stability and discipline.
- Eleventh Schedule:
- Specifies powers, authority, and responsibilities of Panchayats (local self-government institutions).
- Contains 29 subjects.
- Added by the 73rd Amendment in 1992 to promote devolution of powers.
- Twelfth Schedule:
- Specifies powers, authority, and responsibilities of Municipalities.
- Contains 18 subjects.
- Added by the 74th Amendment in 1992.
Key Lessons and Insights:
- The schedules provide structural and functional details that complement the main text of the Constitution.
- They reflect the federal nature of India’s governance but also show a tilt towards centralization.
- Schedules related to tribal areas (5th and 6th) emphasize special protections and autonomy for indigenous populations.
- Language recognition in the 8th schedule reflects India's linguistic diversity.
- The 9th and 10th schedules highlight constitutional mechanisms to protect social reforms and political stability, though judicial oversight has evolved over time.
- The 11th and 12th schedules represent constitutional efforts to empower local governance through Panchayats and Municipalities.
Methodology / Instructional Points (if used for study or reference):
When studying the Constitution, refer to the schedules for detailed lists and provisions related
Notable Quotes
— 09:48 — « Once the legislation is brought under the ninth schedule, the judicial review and scrutiny of these legislations could be avoided and right to property could be trampled upon by the state. »
— 10:33 — « Judicial scrutiny is very, very important and critical; no such law should be beyond the scope of the Constitutional courts because that is where the application of judicial mind is situated. »
— 10:59 — « The 10th schedule is about disqualification of members of parliament and state legislatures on the ground of defection; this is called the anti-defection law. »
— 11:41 — « The 11th schedule has nearly 29 matters that are supposed to be dealt by the Panchayat; that is how devolution of power was supposed to happen at least constitutionally on paper. »
— 12:03 — « The 12th schedule talks about the powers, authority, and responsibility of the municipalities; it also has around 18 matters and was added by the 74th Amendment Act of 1992. »
Category
Educational