Parts & Schedules of the Indian Constitution
All 25 Parts and 12 Schedules explained — from the Preamble's placement to the Anti-Defection Law. Master the structural anatomy of the Constitution for UPSC Prelims matching questions and Mains analytical answers.
Table of Contents
Conceptual Clarity & UPSC Pattern
Why Parts and Schedules Matter for UPSC
UPSC regularly asks matching-type questions in Prelims — "Match the Schedule with the subject" or "Which Part deals with X?" These questions are pure memory but high scoring. Mains GS-II expects you to connect schedules to constitutional provisions (e.g., Seventh Schedule and federalism debates).
How to Study This Topic
- Parts: Focus on Part III (FRs), Part IV (DPSP), Part IVA (FDs), Part V (Union), Part VI (States), Part XVIII (Emergency), Part XX (Amendment). These are asked directly and as context in other questions.
- Schedules: All 12 must be memorized with their subject matter, the amendment that added them (for Schedules 9–12), and landmark cases (for Schedules 9 and 10).
- UPSC Prelims pattern: Expect 2–3 questions each year. Common traps — "Which schedule lists official languages?" (8th, not 7th), "Which schedule was added first?" (9th, by 1st Amendment 1951).
- Mains pattern: Seventh Schedule (Centre-State relations, federalism), Tenth Schedule (Anti-Defection), Ninth Schedule (judicial review) are Mains-relevant topics.
Parts Added by Amendment
Part IVA
Fundamental Duties (Art 51A)
42nd Amendment 1976
Part IX
Panchayats (Arts 243–243O)
73rd Amendment 1992
Part IXA
Municipalities (Arts 243P–243ZG)
74th Amendment 1992
Part IXB
Co-operative Societies (Arts 243ZH–243ZT)
97th Amendment 2011
Part XIVA
Tribunals (Arts 323A–323B)
42nd Amendment 1976
Part VII
Repealed — Part B States
7th Amendment 1956
All 25 Parts of the Constitution
| Part | Title | Articles | Key Content & Important Articles |
|---|---|---|---|
| Part I | The Union and its Territory | Arts 1–4 | Art 1 (India = Union of States; name "India, that is Bharat"); Art 2 (admission of new states); Art 3 (formation/alteration of states — Parliament can change boundaries, names); Art 4 (laws under Arts 2 & 3 not amendments) |
| Part II | Citizenship | Arts 5–11 | Art 5 (citizenship at commencement); Art 10 (continuance of citizenship rights); Art 11 (Parliament to regulate citizenship) — Citizenship Act 1955 enacted under Art 11 |
| Part III | Fundamental Rights | Arts 12–35 | Art 12 (definition of State); Art 13 (laws inconsistent with FRs void); Art 14 (equality before law); Art 19 (six freedoms); Art 20 (protection for accused); Art 21 (right to life & personal liberty — most litigated); Art 21A (RTE, added by 86th Amendment 2002); Art 32 (right to constitutional remedies — heart of Constitution per Dr Ambedkar) |
| Part IV | Directive Principles of State Policy | Arts 36–51 | Art 36 (definition of State); Art 38 (social order for welfare); Art 39 (equal pay, children welfare); Art 40 (village panchayats); Art 44 (Uniform Civil Code); Art 45 (free & compulsory education — now implemented via Art 21A); Art 48 (prohibition of cow slaughter); Art 51 (international peace) |
| Part IVA | Fundamental Duties | Art 51A | Added by 42nd Amendment 1976; originally 10 duties; 11th duty added by 86th Amendment 2002 (duty of parents/guardians to provide education opportunities to children aged 6–14). Non-justiciable but can be used to interpret laws (Balaji Raghavan case 1996) |
| Part V | The Union | Arts 52–151 | Chapter I: Executive (Arts 52–78) — President, VP, PM, CoM, AG; Chapter II: Parliament (Arts 79–122) — Rajya Sabha, Lok Sabha, sessions; Chapter III: Legislative Powers (Arts 123–128); Chapter IV: Union Judiciary (Arts 124–147) — Supreme Court; Chapter V: CAG (Arts 148–151) |
| Part VI | The States | Arts 152–237 | Chapter I: General (Art 152); Chapter II: Executive — Governor (Arts 153–167), CM, CoM; Chapter III: State Legislature (Arts 168–212); Chapter IV: High Courts (Arts 214–232); Chapter V: Subordinate Courts (Arts 233–237). Mirrors Part V structure for states. |
| Part VII | (Repealed) | — | Dealt with Part B States (former princely states under Part B of 1st Schedule). Repealed by 7th Amendment 1956 following States Reorganisation Act 1956 which abolished the A/B/C/D state classification. |
| Part VIII | The Union Territories | Arts 239–242 | Art 239 (administration by President through Administrator/Lt Governor); Art 239A (creation of local legislature/CoM for certain UTs — applicable to Delhi, Puducherry); Art 239AA (special provisions for Delhi — NCT, added by 69th Amendment 1991); Art 240 (President's power to make regulations for certain UTs) |
| Part IX | The Panchayats | Arts 243–243O | Added by 73rd Amendment 1992. Art 243B (three-tier structure); Art 243C (composition); Art 243D (reservation of seats for SC/ST/women — 1/3 minimum for women); Art 243E (5-year term); Art 243G (powers & functions — 29 subjects in 11th Schedule); Art 243K (State Election Commission) |
| Part IXA | The Municipalities | Arts 243P–243ZG | Added by 74th Amendment 1992. Provides for Nagar Panchayats, Municipal Councils, Municipal Corporations; Art 243T (reservation — 1/3 for women); Art 243W (18 functions in 12th Schedule); Art 243ZD (District Planning Committees); Art 243ZE (Metropolitan Planning Committees) |
| Part IXB | The Co-operative Societies | Arts 243ZH–243ZT | Added by 97th Amendment 2011. Art 43B added to DPSP (promotion of co-operative societies); provisions for incorporation, regulation, democratisation of co-operatives. Note: Supreme Court in 2021 struck down parts of 97th Amendment as they encroached on state legislation without following Art 368 procedure for federalism-related amendments. |
| Part X | The Scheduled and Tribal Areas | Arts 244–244A | Art 244 (administration of Scheduled Areas and Tribal Areas per 5th and 6th Schedules); Art 244A (formation of autonomous state within Assam — for certain tribal areas) |
| Part XI | Relations Between the Union and the States | Arts 245–263 | Legislative relations: Arts 245–255 (distribution of legislative powers, 7th Schedule); Administrative relations: Arts 256–263 (Art 263 — Inter-State Council); Art 252 (Parliament can legislate on State subject if 2+ states resolve); Art 253 (legislation for implementing treaties) |
| Part XII | Finance, Property, Contracts and Suits | Arts 264–300A | Art 265 (no tax without authority of law); Art 266 (Consolidated Fund); Art 267 (Contingency Fund); Arts 268–281 (distribution of revenues — Finance Commission under Art 280); Art 300A (right to property — made legal right from FR by 44th Amendment 1978) |
| Part XIII | Trade, Commerce and Intercourse Within the Territory of India | Arts 301–307 | Art 301 (freedom of trade throughout India); Art 302 (Parliament's power to impose restrictions); Art 304 (state can impose reasonable restrictions on trade with other states — with Presidential assent) |
| Part XIV | Services Under the Union and the States | Arts 308–323 | Art 308 (definition); Art 312 (All India Services — IAS, IPS, IFS created under this); Art 315 (Public Service Commissions — UPSC, SPSC); Art 320 (functions of PSC); Art 323 (annual report of PSC) |
| Part XIVA | Tribunals | Arts 323A–323B | Added by 42nd Amendment 1976. Art 323A (Administrative Tribunals — CAT under Administrative Tribunals Act 1985); Art 323B (other tribunals for tax, industrial disputes, elections, land reforms, etc.) |
| Part XV | Elections | Arts 324–329A | Art 324 (Election Commission — superintendence, direction, control of elections); Art 325 (no discrimination in electoral rolls); Art 326 (adult suffrage — 18+ since 61st Amendment 1988); Art 329 (bar on courts interfering in electoral matters); Art 329A (special provisions for PM/Speaker elections — struck down by SC as unconstitutional) |
| Part XVI | Special Provisions Relating to Certain Classes | Arts 330–342A | Art 330 (reservation in Lok Sabha for SC/ST); Art 332 (reservation in State Assemblies); Art 335 (claims of SC/ST in services); Art 338 (National Commission for SC); Art 338A (National Commission for ST); Art 340 (OBC Commission); Art 342 (Scheduled Tribes); Art 342A (Socially and Educationally Backward Classes — added by 102nd Amendment 2018) |
| Part XVII | Official Language | Arts 343–351 | Art 343 (Hindi in Devanagari script as official language of Union); Art 344 (Official Language Commission & Committee of Parliament); Art 345 (official language of states); Art 348 (language of SC, HCs — English); Art 351 (directive for development of Hindi language) |
| Part XVIII | Emergency Provisions | Arts 352–360 | Art 352 (National Emergency — "threat to security" by war, external aggression, armed rebellion; proclaimed by President on Cabinet's written advice); Art 356 (President's Rule / State Emergency — failure of constitutional machinery); Art 360 (Financial Emergency — threat to financial stability); Art 358 (suspension of Art 19 during Art 352 emergency); Art 359 (suspension of enforcement of FRs during emergency) |
| Part XIX | Miscellaneous | Arts 361–367 | Art 361 (immunity of President and Governors from court proceedings); Art 362 (rights and privileges of Rulers of Indian States — now repealed by 26th Amendment 1971); Art 365 (effect of failure to comply with Union directions); Art 366 (definitions); Art 367 (interpretation) |
| Part XX | Amendment of the Constitution | Art 368 | Art 368 (power and procedure to amend the Constitution). Three methods: (1) Simple majority; (2) Special majority (2/3 of members present and voting + majority of total membership); (3) Special majority + ratification by at least half of state legislatures. Kesavananda Bharati case 1973 — Basic Structure doctrine. |
| Part XXI | Temporary, Transitional and Special Provisions | Arts 369–392 | Art 370 (special status of J&K — abrogated by Presidential Order in August 2019); Art 371 (special provisions for Maharashtra & Gujarat); Arts 371A–371J (special provisions for Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka). Art 371J (Hyderabad-Karnataka region — added by 98th Amendment 2012) |
| Part XXII | Short Title, Commencement, Authoritative Text in Hindi and Repeals | Arts 393–395 | Art 393 (short title — "The Constitution of India"); Art 394 (commencement — Constitution came into force on 26 January 1950; Arts 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 came into force on 26 November 1949 — Constitution Day); Art 395 (repeals — Indian Independence Act 1947 and Government of India Act 1935 repealed) |
All 12 Schedules of the Constitution
First Schedule — States and Union Territories
Lists the names of states (currently 28 states) and Union Territories (currently 8 UTs as of 2020, after J&K bifurcation and Ladakh becoming a UT). Connected to Arts 1 and 4. Any addition or alteration of states requires an amendment to this Schedule.
- 28 States include all reorganised states from Andhra Pradesh to West Bengal.
- 8 UTs: Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Delhi (NCT), Jammu & Kashmir, Ladakh, Lakshadweep, Puducherry.
- J&K and Ladakh became UTs from 31 October 2019 after abrogation of Art 370.
Second Schedule — Salaries and Emoluments
Prescribes salaries, allowances, privileges, and other emoluments of constitutional functionaries. The Schedule has five parts:
- Part A: President of India
- Part B: (Repealed — pertained to Governors of Part B States)
- Part C: Speakers and Deputy Speakers of Lok Sabha and State Legislatures
- Part D: Judges of the Supreme Court and High Courts
- Part E: Comptroller and Auditor General of India (CAG)
Third Schedule — Forms of Oaths and Affirmations
Contains the text of oaths/affirmations to be taken by various constitutional authorities:
- Union Ministers (oath of office + oath of secrecy)
- Candidates for election to Parliament
- Members of Parliament
- Judges of the Supreme Court
- CAG
- State Ministers, Members of State Legislatures, High Court Judges
The Governor administers oath to the Chief Minister; the President administers oath to Union Ministers and Governors.
Fourth Schedule — Allocation of Seats in the Rajya Sabha
Allocates seats to states and UTs in the Rajya Sabha (maximum strength 250 = 238 elected + 12 nominated by President). Seat allocation is based on population, not equal representation. Larger states like UP (31 seats) have more seats than smaller states like Sikkim (1 seat). Connected to Art 4 and Art 80.
Fifth Schedule — Administration of Scheduled Areas and Scheduled Tribes
Provides for administration and control of Scheduled Areas and Scheduled Tribes in any state other than Assam, Meghalaya, Tripura, and Mizoram (those four are under 6th Schedule).
- Governor submits annual report to President on Scheduled Areas.
- Tribes Advisory Council (TAC) must be established in states with Scheduled Areas.
- Governor can direct that any central or state law shall not apply or shall apply with modifications to Scheduled Areas.
- PESA (Panchayats Extension to Scheduled Areas Act 1996) extends 73rd Amendment provisions to these areas.
- Currently 10 states have Scheduled Areas under 5th Schedule: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana.
Sixth Schedule — Tribal Areas in Four North-Eastern States
Provides for administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram through Autonomous District Councils (ADCs) and Regional Councils.
- ADCs have legislative, executive, and judicial powers within their jurisdiction.
- Can make laws on land management, forests, use of waterways, regulation of shifting cultivation, etc. (with Governor's assent).
- District Councils can establish courts for trial of offences committed by tribals (with High Court supervision).
- Examples: Bodoland Territorial Council, Karbi Anglong Autonomous Council (Assam); Khasi Hills ADC, Jaintia Hills ADC (Meghalaya); Chakma ADC, Lai ADC (Mizoram).
- The President can include/exclude areas or reconstitute councils on Governor's recommendation.
Seventh Schedule — Three Lists
The most important schedule for UPSC — deals with division of legislative powers between Centre and States. Covered in detail in Section 4 below.
Eighth Schedule — 22 Official Languages
Lists the official languages of India. Currently 22 languages. Covered in detail in Section 5 below.
Ninth Schedule — Acts Placed Beyond Judicial Review
Added by the 1st Amendment Act 1951 to protect land reform laws from being challenged under FR provisions (particularly Art 19 and Art 31 — right to property). Connected to Art 31B.
- Originally contained 13 Acts; now contains 284 Acts and Regulations.
- Acts in the 9th Schedule cannot be challenged in any court on the ground that they abridge Fundamental Rights.
Tenth Schedule — Anti-Defection Law
Added by the 52nd Amendment Act 1985. Provides for disqualification of members of Parliament and State Legislatures on grounds of defection. Connected to Arts 101, 102, 190, 191.
- A member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected.
- A member is disqualified if they vote or abstain in the legislature contrary to any direction issued by the party (whip) without prior permission and such act has not been condoned within 15 days.
- A nominated member who joins a party after 6 months of taking seat is disqualified.
- Exception — Merger: No disqualification if at least 2/3rd of members of a legislative party merge with another party. (The original "split" provision allowing 1/3rd split was deleted by the 91st Amendment 2003.)
- Deciding Authority: Speaker/Chairman of the House (their decision is final, but subject to judicial review — Kihoto Hollohan case 1992).
- Independent members and nominated members who have not joined a party are not covered by defection provisions (except the 6-month rule for nominated members).
Eleventh Schedule — Powers and Functions of Panchayats
Added by 73rd Amendment 1992 (Art 243G). Lists 29 subjects on which Panchayats may be empowered by state legislation:
Sample Subjects (Panchayats)
- Agriculture including agricultural extension
- Land improvement, implementation of land reforms
- Minor irrigation, water management
- Animal husbandry, dairying and poultry
- Fisheries
- Social forestry and farm forestry
- Khadi, village and cottage industries
- Rural housing; drinking water; fuel and fodder
- Roads, culverts, bridges, ferries, waterways
- Non-conventional energy sources
More Subjects (Panchayats)
- Poverty alleviation programmes
- Education including 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 including welfare of the handicapped and mentally retarded
- Maintenance of community assets
Twelfth Schedule — Powers and Functions of Municipalities
Added by 74th Amendment 1992 (Art 243W). Lists 18 subjects for Urban Local Bodies:
- Urban planning including town planning
- Regulation of land use and construction of buildings
- Planning for economic and social development
- Roads and bridges; water supply for domestic, industrial, commercial purposes
- Public health, sanitation conservancy and solid waste management
- Fire services; urban forestry; protection of environment
- Safeguarding interests of weaker sections including handicapped and mentally retarded
- Slum improvement and upgradation; urban poverty alleviation
- Provision of urban amenities: parks, gardens, playgrounds
- Promotion of cultural, educational and aesthetic aspects
- Burials and burial grounds; cattle pounds; prevention of cruelty to animals
- Vital statistics including registration of births and deaths
- Public amenities including street lighting, parking lots, bus stops
- Regulation of slaughterhouses and tanneries
Seventh Schedule — The Three Lists in Detail
The Seventh Schedule (under Art 246) divides legislative powers between Parliament and State Legislatures into three lists. It is the cornerstone of India's federal structure and a recurring UPSC topic in both Prelims and Mains.
Union List (List I) — 100 Subjects (approx.)
Only Parliament can legislate. Subjects of national importance requiring uniform legislation across India.
| Category | Key Subjects (Entry Numbers) |
|---|---|
| Defence & Security | Defence of India, armed forces (Entries 1–3); preventive detention for defence, foreign affairs, security (Entry 9) |
| Foreign Affairs | Foreign affairs, UN representation, treaties (Entries 10–21) |
| Communications | Railways (Entry 22); highways declared national (Entry 23); shipping and navigation (Entry 24); airways (Entry 29); Post & Telegraphs, telephones, broadcasting (Entry 31) |
| Atomic Energy | Atomic energy and mineral resources necessary for its production (Entry 41) |
| Finance | Borrowings by GoI (Entry 35); currency, coinage, legal tender (Entry 36); RBI (Entry 38); banking (Entry 45); insurance (Entry 47); stock exchanges (Entry 48) |
| Taxation | Income tax other than on agricultural income (Entry 82); customs duties (Entry 83); corporation tax (Entry 85); estate duty (Entry 87); GST (Entry 92A — IGST) |
| Other | Census (Entry 69); Union Public Service (Entry 70); Supreme Court (Entry 77); citizenship (Entry 17); Audit of Union accounts (Entry 76) |
State List (List II) — 61 Subjects (approx.)
State Legislatures have exclusive power to legislate (subject to Parliament's overriding power in certain situations — Arts 249, 250, 252, 253).
| Category | Key Subjects (Entry Numbers) |
|---|---|
| Law & Order | Public order (Entry 1); police (Entry 2); prisons, reformatories (Entry 4) |
| Land | Land, rights in land, land tenures (Entry 18); land revenue (Entry 45); land improvement and agricultural loans (Entry 46) |
| Agriculture | Agriculture including agricultural education and research (Entry 14); cattle (Entry 15) |
| Local Government | Local government, constitution and powers of municipal corporations (Entry 5); public health and sanitation (Entry 6) |
| Trade & Industry | Trade and commerce within state (Entry 26); production, supply and distribution of goods (Entry 27) |
| Finance | Taxes on agricultural income (Entry 46); taxes on land and buildings (Entry 49); capitation taxes (Entry 60) |
| Other | Fisheries (Entry 21); libraries, museums controlled by state (Entry 12); State Public Service (Entry 41); State elections (Entry 37) |
Concurrent List (List III) — 52 Subjects (approx.)
Both Parliament and State Legislatures can legislate. In case of conflict, central law prevails (Art 254). This list was inspired by the Australian Constitution.
| Category | Key Subjects |
|---|---|
| Criminal Law | Criminal law including IPC; criminal procedure including CrPC; evidence and oaths (Entries 1–3) |
| Civil Law | Marriage and divorce; transfer of property; contracts; bankruptcy and insolvency; trust and trustees (Entries 5, 6, 7, 9, 10) |
| Education | Education including technical education and universities (Entry 25 — moved from State List by 42nd Amendment) |
| Environment | Forests (Entry 17A); protection of wild animals and birds (Entry 17B) — both moved from State List by 42nd Amendment |
| Labour & Social | Labour welfare, provident funds, employers' liability (Entry 24); trade unions, industrial and labour disputes (Entry 22); population control and family planning (Entry 20A — added by 42nd Amendment) |
| Economic | Economic and social planning (Entry 20); commercial and industrial monopolies, combines and trusts (Entry 21) |
| Other | Newspapers, books and printing presses (Entry 39); drugs and poisons (Entry 19); adulteration of foodstuffs (Entry 18); stamp duties (Entry 44) |
Parliament's Power to Legislate on State Subjects
Art 249 — Rajya Sabha Resolution
If Rajya Sabha passes a resolution by 2/3rd majority that it is necessary in national interest for Parliament to legislate on a State subject, Parliament can do so for 1 year (extendable).
Art 250 — During National Emergency
During a National Emergency (Art 352), Parliament can legislate on any State List subject. Such laws cease to operate 6 months after the Emergency ends.
Art 252 — With State Consent
If 2 or more state legislatures pass resolutions requesting Parliament to legislate on a State subject, Parliament can do so for those consenting states. Other states can also adopt the law later.
Art 253 — International Treaties
Parliament can legislate on any subject (including State List) to implement international treaties, agreements, or conventions. No state consent required.
Eighth Schedule — 22 Official Languages
The 8th Schedule lists the officially recognised languages of India. Recognition in this Schedule gives the language the right to be represented on the Official Languages Commission. Under Art 344(1) and Art 351, the President constitutes the OL Commission, and 8th Schedule languages are to be used in official communications.
Historical Additions
| Stage | Amendment | Year | Languages Added | Total |
|---|---|---|---|---|
| Original | Constitution of India | 1950 | Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya (now Odia), Punjabi, Sanskrit, Tamil, Telugu, Urdu | 14 |
| 1st addition | 21st Amendment | 1967 | Sindhi | 15 |
| 2nd addition | 71st Amendment | 1992 | Konkani, Manipuri (also called Meitei), Nepali | 18 |
| 3rd addition | 92nd Amendment | 2003 | Bodo, Dogri, Maithili, Santali | 22 |
All 22 Languages (Alphabetical)
1. Assamese
2. Bengali
3. Bodo
4. Dogri
5. Gujarati
6. Hindi
7. Kannada
8. Kashmiri
9. Konkani
10. Maithili
11. Malayalam
12. Manipuri
13. Marathi
14. Nepali
15. Odia (Oriya)
16. Punjabi
17. Sanskrit
18. Santali
19. Sindhi
20. Tamil
21. Telugu
22. Urdu
Quick Mnemonics
- Original 14 (ABGHKKMMOPSTU): Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu
- 21st Amendment (1967): One language, Sindhi — "21 = 1 added"
- 71st Amendment (1992): Three added — Konkani, Manipuri, Nepali — "KMN = 71"
- 92nd Amendment (2003): Four added — Bodo, Dogri, Maithili, Santali — "BDMS = 92"
Ninth & Tenth Schedules — Special Focus
Ninth Schedule — Acts Beyond Judicial Review
Art 31B states that no Act/Regulation specified in the 9th Schedule shall be deemed void on the ground that it abridges Fundamental Rights, notwithstanding any judgment, decree, or order of any court.
Key Acts in the 9th Schedule
- Bihar Land Reforms Act 1950
- Bombay Tenancy and Agricultural Lands Act 1948
- Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and Appointments or Posts in the Services Under the State) Act 1993
- Kerala Agrarian Relations Act 1961
- Various state land ceiling, land acquisition, and tenancy reform acts
IR Coelho v. State of Tamil Nadu (2007) — The Landmark Ruling
Held (9-Judge Bench): Laws inserted into the 9th Schedule after 24 April 1973 (Kesavananda Bharati judgment date) are open to judicial review to the extent they violate the Basic Structure of the Constitution. Any law placed in 9th Schedule that takes away or abridges rights under Arts 14, 15, 19, 21 would be open to challenge if such rights form the core of the Basic Structure.
Significance: IR Coelho effectively limited Parliamentary immunity under Art 31B and the 9th Schedule post-1973. It made the Basic Structure doctrine applicable as a check on 9th Schedule inclusions.
Tenth Schedule — Anti-Defection Law
Structure and Key Provisions
| Provision | Details |
|---|---|
| Added by | 52nd Amendment Act, 1985 — inserted as 10th Schedule |
| Applicable to | All elected members of Parliament and State Legislatures |
| Para 2(1)(a) | Disqualification: Voluntarily giving up membership of political party |
| Para 2(1)(b) | Disqualification: Voting/abstaining against party whip without permission |
| Para 5 | Deciding authority: Speaker (Lok Sabha/State Assembly) or Chairman (Rajya Sabha/State Council) |
| Para 4 (original) | Exception — Split: 1/3rd members split — this DELETED by 91st Amendment 2003 |
| Para 4 (as amended) | Exception — Merger: 2/3rd of legislative party merger with another party is not defection |
| Para 6 | Bar on courts: Courts cannot question disqualification proceedings except by way of HC/SC constitutional review |
| Para 7 | Rules made by Speaker/Chairman regarding manner of disqualification proceedings |
| Para 8 | Speaker/Chairman decision is conclusive (but subject to judicial review per Kihoto Hollohan 1992) |
Key Judicial Pronouncements
- 10th Schedule is constitutionally valid.
- Para 7 (bar on courts) — was struck down as violating Art 136, 226, 227 — Speaker's decision IS subject to judicial review.
- However, courts cannot interfere until the Speaker makes a final order (no interlocutory injunctions).
- Disqualification proceedings are "judicial" in character — Speaker acts as a tribunal.
- Speaker/Chairman must follow principles of natural justice.
Criticism of Anti-Defection Law
- Stifles dissent within parties — members cannot vote against party even on matters of conscience.
- Speaker's neutrality is questionable as they belong to a political party.
- Does not apply to pre-poll electoral alliances/coalition defections.
- Encourages "wholesale defection" (mergers of 2/3rd members) instead of preventing defection.
- Dinesh Goswami Committee (1990) and Law Commission recommended that disqualification be decided by Election Commission or President/Governor on EC's advice — not by Speaker.
7. Prelims PYQs
With reference to the Schedules of the Constitution of India, which of the following statements is/are correct?
1. The 9th Schedule was added to the Constitution by the First Amendment.
2. The 10th Schedule was added by the 52nd Amendment.
3. The 11th Schedule was added by the 74th Amendment.
Select the correct answer: (a) 1 and 2 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3
Answer: (a) — 11th Schedule was added by the 73rd Amendment (Panchayats); 12th Schedule was added by the 74th Amendment (Municipalities).
Which of the following are included in the Concurrent List in the Constitution of India?
1. Education; 2. Forests; 3. Labour welfare; 4. Administration of justice
Select: (a) 1 and 2 only (b) 2 and 3 only (c) 1, 2 and 3 (d) 1, 2, 3 and 4
Answer: (d) — All four are in the Concurrent List. Education, Forests, and Administration of Justice were transferred from State List to Concurrent List by the 42nd Amendment 1976.
Consider the following statements regarding the 10th Schedule of the Indian Constitution:
1. The disqualification of a member of Parliament on grounds of defection is decided by the Speaker/Chairman.
2. The law as originally enacted provided for exemption from disqualification in case of a split if not less than one-third members of a legislature party gave their support to it.
Which is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (c) — Both statements are correct. The original "split" provision was later deleted by the 91st Amendment 2003.
Under the Constitution of India, which of the following is/are included in the Directive Principles of State Policy?
1. Prohibition of traffic in human beings and forced labour; 2. Equal pay for equal work for men and women; 3. Participation of workers in management of industries
Select: (a) 1 and 2 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3
Answer: (b) — Item 1 (Art 23) is a Fundamental Right, not a DPSP. Items 2 (Art 39) and 3 (Art 43A) are DPSPs.
With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon:
(a) The legislative power only (b) The executive power only (c) The judicial power only (d) All of the above
Answer: (a) — DPSPs are directed at the state (Art 36 definition includes legislative and executive organs), but are non-justiciable. They are primarily addressed to the legislative power (to legislate in accordance with them) and executive (to implement policies in line with them). Not judicial power.
Among the following, which one is the largest (in terms of area) Scheduled Area in India?
[Context: 5th Schedule] (a) Andhra Pradesh (b) Chhattisgarh (c) Odisha (d) Telangana
Answer: (b) — Chhattisgarh has the largest area under the 5th Schedule (Scheduled Areas), covering a significant portion of the state.
By which of the following was the Right to Education Act enacted?
(a) Fundamental Rights (b) Directive Principles of State Policy (c) Fundamental Duties (d) Part II
Answer: (a) — The RTE Act 2009 was enacted to give effect to Art 21A (Right to Education), inserted in Part III (Fundamental Rights) by the 86th Amendment 2002.
8. Mains PYQs
10-mark question: The Anti-Defection Law as provided in the Tenth Schedule suffers from various defects. Do you agree? Suggest measures to address these defects. (250 words)
Key points for answer: Discuss structural defects (Speaker as judge, 2/3rd merger loophole, no conscience vote provision); cite Dinesh Goswami Committee recommendations; Kihoto Hollohan, Nabam Rebia cases; suggest reforms — Election Commission as deciding authority, conscience vote carve-out, time limit for decisions.
15-mark question: What is the significance of the Seventh Schedule to the Constitution of India in the context of Centre-State relations? Has the balance of power between Union and States been adequately maintained? (250 words)
Key points: Residuary powers with Centre (Art 248 + Entry 97 Union List); Parliament can override State List (Arts 249, 250, 252, 253); Concurrent List conflicts resolved in favour of Centre; 42nd Amendment centralisation; Sarkaria Commission, Punchhi Commission recommendations for cooperative federalism; recent GST as example of cooperative federalism with concurrent jurisdiction.
9. 15-Minute Revision Box
Must-Remember Facts — Parts & Schedules
Parts — Quick Recall
- Part III (Arts 12–35) = Fundamental Rights | Part IV (Arts 36–51) = DPSP | Part IVA (Art 51A) = Fundamental Duties
- Part V = The Union (President, Parliament, SC, CAG) | Part VI = The States (Governor, Legislature, HC)
- Part VII = REPEALED by 7th Amendment 1956 | Part VIII = Union Territories
- Part IX = Panchayats (73rd Amendment) | Part IXA = Municipalities (74th Amendment) | Part IXB = Co-operative Societies (97th Amendment 2011)
- Part XI = Centre-State Relations | Part XVIII = Emergency Provisions (Arts 352, 356, 360)
- Part XX = Art 368 (Amendment) | Part XXI = Art 370 (abrogated 2019) + Arts 371A–371J
- Part XXII = Short title; Art 394 = 26 Jan 1950 commencement; Art 395 = GIA 1935 repealed
Schedules — Quick Recall
- 1st = States & UTs (28 states, 8 UTs) | 2nd = Salaries | 3rd = Oaths | 4th = Rajya Sabha seats
- 5th = Scheduled Areas (non-NE states) | 6th = Tribal Areas (Assam, Meghalaya, Tripura, Mizoram) — Autonomous District Councils
- 7th = Three Lists (Union ~100, State ~61, Concurrent ~52)
- 8th = 22 Official Languages (14 → 15 by 21st Amdt 1967 → 18 by 71st Amdt 1992 → 22 by 92nd Amdt 2003)
- 9th = Acts beyond judicial review (added 1st Amendment 1951; post-1973 inclusions reviewable per IR Coelho 2007)
- 10th = Anti-Defection (52nd Amendment 1985; 2/3rd merger = no defection; 91st Amendment 2003 deleted split provision)
- 11th = 29 subjects for Panchayats (73rd Amendment) | 12th = 18 subjects for Municipalities (74th Amendment)
Key Landmark Cases
- IR Coelho (2007) — 9th Schedule laws after 24 April 1973 subject to basic structure review
- Kihoto Hollohan (1992) — Speaker's decision on defection is subject to judicial review; Para 7 struck down
- Nabam Rebia (2016) — Speaker cannot decide defection cases when his own removal notice is pending
- Kesavananda Bharati (1973) — Basic Structure doctrine; Parliament cannot destroy the Constitution's basic features
Amendment Landmarks — Parts & Schedules
- 1st Amendment 1951 — 9th Schedule created; Art 31A, 31B added
- 7th Amendment 1956 — Part VII repealed; states reorganised
- 42nd Amendment 1976 — Part IVA (FDs) + Part XIVA (Tribunals) added; Education/Forests moved to Concurrent List
- 52nd Amendment 1985 — 10th Schedule (Anti-Defection Law) added
- 73rd & 74th Amendments 1992 — Part IX (Panchayats + 11th Schedule) and Part IXA (Municipalities + 12th Schedule) added
- 91st Amendment 2003 — CoM size capped (15% of House strength); split provision in 10th Schedule deleted
- 92nd Amendment 2003 — 4 languages added to 8th Schedule (total 22)
- 97th Amendment 2011 — Part IXB (Co-operative Societies) added; partially struck down by SC 2021
- "Which schedule deals with official languages?" — 8th Schedule (NOT 7th)
- "Which schedule was first added to the original Constitution?" — All 8 original schedules are original; 9th Schedule was added FIRST by amendment (1st Amendment 1951)
- "How many schedules deal with tribal areas?" — TWO: 5th (non-NE states) and 6th (NE states)
- "Which amendment added the most parts?" — 42nd Amendment (Part IVA and Part XIVA; also most comprehensive amendment overall)
- "Panchayats get powers from which schedule?" — 11th Schedule (powers) AND Part IX articles (constitutional provisions); both are needed