Indian Polity: Constitution of India
(SCHEDULES)
What is Schedule?
They are Lists which categorise and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is more than 100 mages document and hence, not included in original text of constitution but they are very much part of the constitution. Originally they were 8 in number, now they are 12. IX (1st Constitution Amendment Act 1951), X (Anti-Defection Law 52nd CAA 1985), XI (73rd CAA Panchayati Raj 1992), XII (74th CAA Municipality 1992).
First Schedule
Part 1: Name of the state and their territorial jurisdiction (29 states). It conclude details regarding which law, act etc. determine each states boundaries (Article 1 to 4).
Part 2: Names of Union Territory and their extent. Delhi (since independence), Andaman and Nicobar Islands (since independence), Daman and Diu (1987), Lakshadweep, Puducherry (1960s) (French Establishments in India and combines Pondicherry, Kankal, Mahe and Yanam), Chandigarh (1966) , Dadar and Nagar Haveli.
Second Schedule
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221]
Provisions relating to emoluments, privileges, allowances and so on of:
- President of India
- Governors
- Speaker, Deputy Speakers of Lok Sabha and Legislative Assembly in states.
- Chairman and Deputy Chairman of Rajya Sabha, Legislative Councils in states.
- Judges of Supreme Court, High Court and CAG.
- Official residence of judges without pay.
- Vice-President or any other person is acting as President and any person is acting as Governor (based on salary).
Third Schedule
Form of Oaths (Theist in name of God) or Affirmation (Objecting to Oath as Atheist so solemn declaration) for:
- Union and State Ministers
- MPs and candidates for elections for parliament.
- MLAs, MLCs and candidates for election to state legislature.
- Judges of Supreme Court, High Court and Comptroller Auditor General of India.
Fourth Schedule
It deals with the allocation of seats in the Rajya Sabha: States, UTs (233 + 12 nominated = 245). All are Indirect election except the 12 are nominations in the field of Arts, Science, Literature and Social Service by the president. Do not include co-operative here, co-operative is included in the nominations of MLCs because co-operative the state subject.
Fifth Schedule (Major area, minor autonomy)
Provisions relating to administration of scheduled areas and scheduled tribes (Article 244 - excludes Assam, Tripura, Meghalaya, Mizoram).
- Report by the Governor to the President regarding the administration of Scheduled areas.
PESA (Panchayats (Extension to the Scheduled Areas) Act, 1996: Definition of scheduled area (Article 244 (1). Provisions (Resemble 6th schedule).
Village: group of habitants/hamlets comprising a community and managing its affairs in accordance with traditions and customs will have a Gram Sabha (all electoral rolls name). Gram Sabha will preserve the tradition and customs, cultural identity, community resources and the customary mode of dispute resolution.
Gram Sabha: Should have to give Prior approval of all plans and projects (for socio-economic development) of government before implementation by panchayats, identity beneficiaries under MGNREGS and other programmes. Gram Sabha and Panchayat need to be consulted before land acquisition in Scheduled Areas for any purpose; planning and managing minor water bodies; prior recommendation of Gram Sabha and Panchayat.
Special power to Gram Sabha and Panchayat: They can regulate sale and consumption of intoxicants (they can also ban the consumption of intoxicants), ownership of minor forest produce (fruit, vegetables and medicinal products etc.), power to prevent alienation of land, manage village markets, money lending, institution working in social sector. Reservation at every Panchayat shall be in proportion to the population of communities (Minimum 50% for Scheduled Tribes, 100% reservation ST for Chairpersons).
Tribal Advisory Council (20 Members): Para 4(1) of the Fifth Schedule. To advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
Tribes Advisory Council has been constituted in the nine Scheduled Area States of Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, odisha and Rajasthan and two non-Scheduled Areas States of Tamil nadu and West Bengal. MLA/MLCs who are from ST shall be 3/4th of total members.
Sixth Schedule (Major Autonomy)
Provisions relating to administration of tribal areas in states of (Assam, Meghalaya, Tripura, Mizoram) (Article 244 and 275).
- Autonomous Districts (Govern by District Council) and Autonomous Region (Govern by Regional Council).
- It is Extremely detail oriented so don't read the original draft (around 50 pages), Just remember the important points; Governor and state government have significantly limited powers and large majority.
What the Governor do?
He decides the composition of the District Councils and Regional Councils and the allocation of seats therein. The delimitation of territorial constituencies for the purpose of elections to those Councils.
Powers: Allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purpose of agriculture of grazing or for residential or other non-agricultural purpose oor for any other purpose likely to promote the interests of the inhabitants of any village or town. Management of any forest not being a reserved forest (reserved forests are under IFS officers; use of any canal or water-course.
They have to regulate the practice of JHUM (Shifting Cultivation); the establishment of village or town committees or councils and their powers; any other matter relating to village or town administration, including village or town police and public health and sanitation; the appointment or succession of Chiefs or Headmen; the inheritance of property; marriage and divorce; social customs. Village councils, courts, trials and ruling according to native customs. District Council may establish, construct, or manage primary schools, dispensaries, markets, ferries, roads, waterways.
Power to assess and collect revenue and taxes on professions, trades, callings and employments; animals, and tolls on passengers and goods carried in ferries; maintenance of schools, dispensaries or roads. Licenses for mineral extraction, Separate expenditure in budgets (Annual Financial Statement).
Seventh Schedule
It relates to the Division of power between Union and State. It creates three lists:
List 1: Union list 100 subjects (Originally 97) - Defence, Armed forces, ammunition, explosives, nuclear, CBI, Foreign relations, UNO, Tax on Newspaper, Pilgrimages to places outside India, Railways, Ports, Airways, Ships, Insurance, Banking, Opium, Film Censors, Census, UPSC, Audit of accounts of Unions and states, all major taxes like Corporation tax, Income tax (except agriculture).
List 2: State list 61 (Originally 660 - Public order, Prisons, Police, High Courts, Local Government, Pilgrimages in India, Intoxicating liquors, relief of disabled, unemployed, burial grounds, agriculture, water, mines, gas, money letting, gambling, betting, excise duty on liquor, opium, hemp etc. Taxes on animals and boats, Tolls. Taxes on professions, trades, callings and employments. Capitation taxes, Taxes on luxury.
Concurrent List: Total 52 9Originally 47) - Criminal and civil law including IPC, CrPC, Marriage divorce, infants, adoption, will, bankruptcy, insolvency, trust and trustees, Wildlife, Drugs, Planning, Factories, Newspaper, books, Printing press, Electricity, Legal, Medical and other profession.
- Both Centre and State can make laws, but laws of parliament will override the state provisions.
Parliament cam make law on subjects under state list and there are five conditions:
- Article 249 - (Rajya Sabha passes, National Interest).
- Article 250 - (Emergency on entire state or a part thereof).
- Article 252 - (If 2 or more states request Parliament).
- Article 253 - (For international agreement or treaty).
- What is 5th Condition? Give your feedback in comment section below.
Eighth Schedule
Languages recognised by constitution (14 languages) - Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, malayalam, marathi, Odiya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.
- 21st Constitutional Amendment Act introduced - Sindhi (because it was very well spoken language before independence and the sindh region).
- 71st CAA included Manipuri, Konkani, Nepali
- 92nd CAA introduced four langues, these are Bodo, Dogri, Maithili, Santhali
Total number is now 22 languages.
Ninth Schedule
Dealing with Acts and Regulations (Earlier there were just 13 acts and now there are 282 acts in the ninth schedule) of state legislatures dealing with land reforms and abolition of Zamidari system.
The first CAA (in 1951 introduce Prevention of Judicial Review on account of violation of Fundamental Rights. However, so article 31-B of the Constitution of India ensured that any law in the Ninth Schedule could not be challenged in courts and Government can rationalise its programme of social engineering by reforming land and agrarian laws.
In 2007, Supreme Court ruled that laws included in IX schedule after 24th April, 1973 (Keshavanand Bharti case) can be reviewed on grounds of violation of law of the land.
Tenth Schedule
It is introduced by 52nd CAA, 1985 (Rajiv Gandhi), it deals with anti-Defection Law, Provisions relating to disqualification of MPs and MLA/MLCs on ground of defection. Voluntarily gives up the membership of the political party (Ticket). If he votes abstains from voting, contrary to any direction issued by the original political party without prior permission (15 days condoning period).
Independent Member: Disqualified if join any party.
Nominated: Within 6 months join any Political Party, after 6 month, disqualified.
Nominated: Within 6 months join any Political Party, after 6 month, disqualified.
The Chairman of the Speaker of the House has been authorized to make a decision on questions as to the disqualification of a member.
Exceptions: Merger with not less than two-thirds members and a member of the original political party joins the new group (formed subsequent to the merger) or opts to function as a separate group (old group that may or may not maintain the identity of the older political party).
Exceptions: Merger with not less than two-thirds members and a member of the original political party joins the new group (formed subsequent to the merger) or opts to function as a separate group (old group that may or may not maintain the identity of the older political party).
Please note that prior to 91st Amendment of the Constitution of India 92003) a split in the original political party whereby one-thirds of the members of Legislature belonging to the original political party mayform a separate group and this did not attract disqualification. However, subsequent to the 91st amendment, this exception is no longer available.
Eleventh Schedule (Vision of Mahatma Gandhi)
It is specify the powers, authority and responsibility of Panchayats (under article 243-G), (73rd CAA, 1992) 3-tier government (Centre + State + Local Government), Article 40 (Gandhian) Organisation of village panchayats.
It deals with 29 matters including Agriculture; Land improvement, reforms, land consolidation, soil conservation; Minor irrigation, water management and watershed development; Animal husbandry, dairying and poultry; Fisheries; Social and farm forestry; Minor forest produce. Small scale industries; Khadi, village and cottage industries; Rural conventional energy sources; Poverty alleviation programme; Education, primary and secondary schools; Technical training and vocational education, Adult and non-formal education; Libraries; Cultural activities; markets and fairs; Health and sanitation; Family welfare; Women and child development; Social welfare; Welfare of the weaker sections (SCs, STs); Public distribution system; Maintenance of community assets.
Twelfth Schedule
It deals with the Municipality (local governments), specifies the powers, authority and responsibilities of Municipalities (Article 243-W) 974th CAA, 1992).
It deals with 18 matters including: Urban planning including town planning; Regulation of land-use and construction of buildings; Planning for economic and social development; Roads and bridges; Water supply; Public health, Urban forestry; Safeguarding the interests of weaker sections of society; Slum improvement and upgradation; Urban poverty alleviation. Provision of urban amenities; Promotion of cultural, educational and aesthetic aspects; Burials and burial grounds, electric crematoriums; Cattle pounds - prevention of cruelty to animals; Vital statistics including registration of births and deaths; Public amenities, public conveniences; Regulation of slaughter house and tanneries.
No comments:
Post a Comment