Indian Constitution Schedules

Schedule Description

1st Schedule The list of states and union territories and their territories.

Salaries and Emoluments (President, Governors, Lok Sabha Speaker and

2nd
Deputy Speaker, CJ and Judges of High Court/ Supreme Court, Speaker,
Schedule
deputy speaker Chairman of State Legislatures)

The Forms of Oaths or Affirmations. (CJ & Judges, MP & member of

3rd
State Legislature, Ministers, CAG, Candidate for election to the
Schedule
legislature of a state and for election to the parliament.)

4th
Provisions as to the allocation of seats in the Council of States.
Schedule

5th Provisions as to the Administration and Control of Scheduled Areas and

Schedule Scheduled Tribes.

6th Provisions as to the Administration of Tribal Areas in the States of

Schedule Assam, Meghalaya, Tripura and Mizoram.

Gives allocation of powers and functions between Union and States.

7th The Union list has 100 subjects (for central Government), State list has
Schedule 61 subjects (Power of State Govt), and the concurrent list has 52
Subjects (both Union & states legislature can make law).

8th
The list of recognized 22 languages.
Schedule

9th Provisions as to the validation of certain Acts and Regulations (1st

Schedule Amendment in 1951). It abolished the Zamindari system.

10th Provisions as to disqualification on ground of defection. (52nd

Schedule Amendment in 1985)

11th The powers, authority and responsibilities of Panchayats (73rd

Schedule Amendment in 1992). It contains 29 subjects.

12th The powers, authority and responsibilities of Municipalities (74th

Schedule Amendment in 1992). It contains 18 subjects.
States and Union Territories (Articles 1-3)
● Two independent countries India and Pakistan were created by the Indian
Independence Act 1947.
● At that time there were a total of 552 princely states in India, out of which 549
joined India. The princely states of Hyderabad, Junagadh and Kashmir refused to
join India.
● later by police action to Hyderabad; Junagadh was included in the Indian Union
through plebiscite and Kashmir through accession letter.
● Under the constitution, the states territory of the Indian Union was classified into
four parts-
➔ Part (a) included those states which were under Governor's rule in British India.
➔ Part (b) had imperial rule with a state legislature.
➔ Part (C) was ruled by the Chief Commissioner of British India.
➔ In Part (d) the Andaman and Nicobar Islands alone were kept.
● According to Article 1(1) of the Constitution, Bharat means India shall be a Union
of States.
● According to Article 2, the power of admission or establishment of new states in
the Indian Union has been conferred on the Parliament.
● According to Article 3, Parliament has been given the power to create new states
and to change the area, boundary and name of the existing states.
● The Parliament of India can create new states with a simple majority.
● The Constitution of India Parliament of India can make laws regarding the
formation of new states, change in it, change of name or change in boundary
without the consent of the states.
● At present, the Indian Union consists of 28 states and 8 union territories in India.
● Parliament can hand over any Indian territory to any other country by amending
the constitution.

Citizenship (Articles 5 – 11)

● Citizenship (Part-2 in the Indian Constitution) is the status of a person recognized
under law as being a legal member of a Sovereign state or belonging to a nation.
● The provision of single citizenship in the Indian Constitution has been taken from
the British Constitution.
● In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship.
 ● The term citizenship entails the enjoyment of full membership of any State in
which a citizen has civil and political rights.
● Parliament has the power to regulate the right of citizenship by law.
● The Home Ministry is the highest authority to decide on matters of citizenship.

Single Citizenship
● The Constitution of India gives single citizenship to the people of the country.
● All the people irrespective of the states or territories in which they reside are the
citizens of the country.
● The other federal states like the USA and Switzerland, adopted the system of
double citizenship.
In India, citizenship can be acquired by birth, descent, registration, naturalization,
or inclusion of territory.

Dual citizenship is a feature of the federal government. Accordingly, all persons born
or naturalized in the United States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they are deemed to reside.

Citizenship of India can be acquired in the following ways:

● Indian citizenship can be acquired in five ways- by Birth; by Descent; by
Registration; by Naturalization; By Amalgamation of territory.
1. Citizenship by birth
➔ On or after 26 January 1950- 1 July 1987: If he is born in India is an Indian citizen
even if his parents are of nationality other than Indian.
➔ On or after 1 July 1987-02 December 2004: He is a citizen of India only if either
parent was a citizen of India at the time of the birth).
The children of foreign diplomats posted in India and enemy aliens cannot
acquire Indian citizenship by birth.
2. Citizenship by descent ( person born outside India shall be a citizen of India by
descent if both the parents or either of them is an Indian citizen, provided his/her
birth is registered at an Indian Mission/Post abroad within one year of the birth).
3. Citizenship by registration.
 4. Citizenship by naturalization(if a person is ordinarily resident of India for 12
years).
5. By incorporation of territory (by the Government of India)

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:
1. Renunciation: If any citizen of India who is also a national of another country
renounces his Indian citizenship through a declaration in the prescribed manner,
he ceases to be an Indian citizen.
2. Termination: Indian citizenship can be terminated if a citizen knowingly or
voluntarily adopts the citizenship of any foreign country.
3. Deprivation: The government of India can deprive a person of his citizenship in
some cases.

Article Description

Citizenship at the commencement of the Constitution - It talks about who will be

Article 5
considered as citizens of India at the time when the Constitution came into effect.

Article 6 Rights of citizenship of certain persons who have migrated to India from Pakistan.

Rights of citizenship of certain migrants to Pakistan - It deals with individuals who

Article 7
migrated to Pakistan after March 1, 1947, but later returned to India.

Article 8 Rights of citizenship of certain persons of Indian origin residing outside India.

Parliament to regulate the right of citizenship by law - This article gives the power
to the Parliament to make any laws to regulate citizenship, meaning the
Article 11
Parliament can create or modify laws related to who can become or remain a
citizen of India.
Fundamental Rights (Articles 12-35)
● Fundamental Rights are included in Part-III of the Indian constitution which is also
known as Magna Carta of Indian Constitution because it strives for the all round
development of citizens.
● The provision of Fundamental Right in the Indian Constitution has been taken
from the US Constitution.
● Fundamental Rights are protected and guaranteed by the constitution.
● These rights are called fundamental rights because they are justiciable in nature
allowing persons to move the courts for their enforcement, if and when they are
violated.
● Fundamental Rights protect us from state exploitation.
● The constitution allows the person to move directly to the Supreme Court and
high court for the reinforcement of his fundamental right as and when they are
violated or restricted.

Fundamental Rights are different from other rights available to us:

● While ordinary legal rights are protected and enforced by ordinary law,
Fundamental Rights are protected and guaranteed by the constitution of the
country.
● Ordinary rights may be changed by the legislature by ordinary process of law
making, but a fundamental right may only be changed by amending the
Constitution itself,
● Fundamental Rights could be suspended by the President of India (Article 358 and
Article 359) during the proclamation of National Emergency.
● However Rights under Article 20 and Article 21 cannot be suspended under any
circumstances.
● Rights under Article 19 are suspended only if National Emergency is declared on
the basis of war or external aggression and remain unaffected if declared
according to armed rebellion.
● All people, irrespective of race, religion, caste or sex, have been given the right to
move the Supreme Court and the High Courts for the enforcement of their
fundamental rights.

The Constitution of India provides for six Fundamental Rights:

1. Right to equality (Articles 14–18)

 2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to constitutional remedies (Article 32-35)

● Originally the constitution also included Right to property (Article 31) And 19
[1(f)]. However, it was deleted from the list of Fundamental Rights by the 44th
Amendment Act, 1978.
● It is made a legal right under Article 300-A in Part XII of the Constitution.
● Article 12- defines the term 'State' in Part III of the Constitution. It says that the
term 'State' includes the following: The Government and Parliament of India, i.e.
Executive and Legislature of the Union. The Government and Legislature of each
State.
● Article 13- declares that all laws that are inconsistent with or in derogation of any
of the fundamental rights shall be void.

Right to equality (Articles 14–18)

● Article 14 -says that no person shall be denied treatment of equality before the
law or the equal protection of the laws within the territory of India.
● The concept of 'equality before law' is an - element of the concept of 'Rule of
Law', propounded by A.V. Dicey.
Exceptions:
1. The President of India or Governor of states is not answerable to any court for the
exercise of their powers/duties and no civil or criminal proceedings can occur or
continue against them in any court during their term of office.
2. No member of Parliament and State Legislature shall be liable to any court
proceedings in respect of anything said or any vote given by him in Parliament or
any committee.
3. The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from
criminal and civil proceedings.

● Article 15- Provides that no citizen shall be discriminated against on grounds only
of religion, race, caste, sex or place of birth.
● Provision of Article 15 prohibits discrimination both by the State and private
individuals.
 ● Exception: Certain provisions can be made for the women, children, citizens from
any socially or educationally backward class for their upliftment (such as
reservation and access to free education).
● [Art 15-(4,5)]- Talks about reservations in educational institutions.
[Art 15-(6)] - Talks about EWS reservation.

● Article 16- Indian constitution provides for equality of opportunity for all citizens
in matters of employment or appointment to any public office.
● [EWS (103rd amendment in 2019) and OBC have reservation in public services]
Economically Weaker Sections (EWSs)
On 14 th January 2019 Constitution Amendment) Act, 2019 came into force. The Act
amends Article 15 and 16 and provides 10 percent reservation for economically
backward upper castes in government jobs.
Eligibility
● Annual family income is less than Rupees 8 lakh.
● Agricultural land should be less than 5 acres Residential flat of the family
should be less than 1000 sq.ft.
● Residential plot of a family should be less than 100 sq.yards in a notified
municipality. In a non notified municipality the residential plot should be below
200 sq.yards.
● They should not come under any other reservation.

● Article 17- abolishes ‘untouchability’ and forbids its practice in any form. The
enforcement of any disability arising out of untouchability shall be an offense
punishable in accordance with law.
● Article 18- of the constitution of India abolishes titles and makes four provisions
in that regard:
1. It prohibits the state from conferring any title on any citizen or a foreigner (except
a military or academic distinction).
2. It prohibits a citizen of India from accepting any title from any foreign state.
3. A foreigner holding any office of profit or trust under the state cannot accept any
title from any foreign state without the consent of the President of India.
4. No citizen or foreigner holding any office of profit or trust within the territory of
India can accept any present, emolument or office from or under any foreign
State without the consent of the president.
● The awards of Bharat Ratan and Padma Vibhushan cannot be used by the
recipient as a title and do not accordingly, come within the constitutional
prohibition".
● Awards were constituted in 1954. In 1977 Janata Party government suspended
these awards. However in 1980 these awards were again continued.