15-09-2025 Mains Question Answer
The Schedules of the Indian Constitution provide structural support to various provisions, but many of them are often overlooked in constitutional discourse. Discuss the significance of the Schedules with suitable examples.
The Constitution of India has 12 Schedules, functioning as supplementary provisions to the Articles. While Articles lay down the principles, the Schedules provide granular details, ensuring clarity, workability, and adaptability. They cover diverse areas such as state reorganisation, division of powers, language recognition, representation of communities, and local governance. Despite their importance, public and political debates often focus more on Articles, leaving Schedules underemphasized.
Historical Context
- At the commencement in 1950, the Constitution contained 8 Schedules.
- Successive constitutional amendments expanded them to 12:
- 9th Schedule (1951, 1st Amendment) – shielded agrarian reforms from judicial review.
- 10th Schedule (1985, 52nd Amendment) – introduced anti-defection law.
- 11th Schedule (1992, 73rd Amendment) – empowered Panchayati Raj Institutions.
- 12th Schedule (1992, 74th Amendment) – empowered Urban Local Bodies.
Significance of the Schedules
- Administrative and Federal Clarity
- 1st Schedule: Names and territories of States/UTs, enabling reorganisations like formation of Telangana (2014).
- 4th Schedule: Allocation of seats in the Rajya Sabha among states, balancing federal representation.
- Distribution of Powers
- 7th Schedule: Divides powers into Union List, State List, and Concurrent List.
- Example: Union List covers defence, foreign affairs; State List covers police, agriculture; Concurrent List covers education, forests.
- Helps maintain federal balance, though overlaps sometimes cause disputes.
- Protection of Vulnerable Communities
- 5th Schedule: Administration of Scheduled Areas and protection of tribal rights, with Governor’s special responsibility.
- 6th Schedule: Autonomous District Councils in the North-East (e.g., Khasi Hills, Garo Hills), granting legislative and judicial powers to tribes.
- Strengthening Democracy and Political Stability
- 10th Schedule: Anti-defection provisions prevent political instability caused by frequent floor-crossing.
- 11th & 12th Schedules: Devolution of powers to Panchayats and Municipalities, strengthening grassroots democracy.
- Cultural and Symbolic Value
- 8th Schedule: Recognition of 22 official languages (initially 14). It reflects India’s linguistic diversity and is a tool for cultural integration.
- 7th Schedule: Divides powers into Union List, State List, and Concurrent List.
Challenges and Criticisms
- Overlapping powers in the 7th Schedule (e.g., education, environment) create Centre–State conflicts.
- 10th Schedule is criticized for empowering party leadership at the cost of legislators’ freedom of speech and conscience.
- 5th and 6th Schedules often suffer from weak enforcement, leaving tribal areas vulnerable to displacement and exploitation.
- 9th Schedule was misused by governments to shield arbitrary laws from judicial scrutiny, undermining constitutional balance.
- Public discourse and awareness about most Schedules remain limited, reducing citizen engagement in governance.
Conclusion
The Schedules are not mere appendices but operational blueprints of the Constitution. They provide administrative order, federal clarity, minority safeguards, and democratic decentralisation. Yet, their potential is underutilised due to poor implementation, misuse, and lack of awareness.
Strengthening institutional capacity, ensuring periodic review, involving local communities, and harmonising Centre–State relations will make these Schedules more effective in preserving constitutional values and democratic vibrancy.