Polity 1.3 Schedules IPresented by Dr. Roman Saini

About me• 18th rank in CSE 2013

• IAS@22

• Completed MBBS from AIIMS

• Facebook page: www.facebook.com/romansaini.official

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Schedules• They are Lists which categorise and tabulate bureaucratic activity and

policy of the Government.

• They are kept separate because it is more than 100 pages document and hence, not included in original text of constitution

• Very much part of constitution

• Originally 8 in number, now 12

• IX (No JR 1st CAA 1951), X (Anti-Defection Law 52nd CAA 1985) , XI(73rd CAA Panchayati Raj 1992), XII (74th CAA Municipality 1992)

One is Sun: Sun is shining on all the corners of India and imagine suddenly it starts melting the territorial boundary and they dissolve

Two is shoe: All the eminent people are standing in a row to receive their salaries, and some got their salary but they collected it in a shoe while some threw shoe when cash counters was closed

Three is tree: Every oath taker is holding olive branch, drinking olive tea and applying olive oil while taking oath

Four is Boar: People are siting on a boar while campaigning for RS election and there are boar fights to increase state’s share in Rajya Sabha

Five is hive: Tribal people have no food left, so they are eating honey but got stung in their hands

Six is sticks: Thieves are looting the ATM machine and the guard only has a thin stick to beat them up with

First Schedule• Part 1 : Name of the states and their territorial jurisdiction

• 29 states (Newset: Telangana)

• Details regrading which law, act etc. determine each states boundary are(Articles 1-4)

• Part 2: Names of Union Territory and their extent

• Delhi, Andaman and Nicobar Islands, Daman and Diu, Lakshadweep,Puducherry (French Establishments in India =Pondicherry, Karikal, Maheand Yanam), Chandigarh, 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:

• The President of India

• Governors

• Speaker, Deputy Speaker of LS and LA in states

• Chairman and Deputy Chairman of RS, LC in states

• Judges of SC, HC and CAG

• Official residence to judges without pay

• Vice-President or any other person is acting as President =Salary of prez

• Any person is acting as Governor = Salary of Governor

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 SC, HC and CAG

Fourth Schedule• Allocation of seats in the Rajya Sabha: States, UTs(233 +12 nominated= 245)

• Goa, Sikkim, Puducherry, ATMMMN:1

• Himachal Pradesh, NCT, Uttrakhand: 3; Jammu & Kashmir: 4

• Chhattisgarh, Haryana: 5; Jharkhand: 6

• Assam, Punjab, Telangana: 7

• Kerala: 9; Odisha, Rajasthan:10

• Andhra Pradesh, Gujarat, Madhya Pradesh: 11

• Karnataka: 12; Bihar, West Bengal: 16

• Tamil Nadu:18; Maharashtra:19: Uttar Pradesh: 31

Fifth Schedule (Major area, minor autonomy)

• Provisions relating to administration of scheduled areas and scheduled tribes (Art 244) (Exludes ATM Money)

• Report by the Governor to the President regarding the administration ofScheduled Areas: Mandatory

• PESA Panchayats (Extension to the Scheduled Areas) Act, 1996: Definition of scheduled area= Art 244 (1). Provisions (Resemble 6th schedule)

• Village=group of habitations/hamlets comprising a community and managing its affairs in accordance with traditions and customs will have aGram Sabha (all electoral rolls name). GS will preserve the traditions and customs, cultural identity, community resources and the customary mode of dispute resolution;

• GS= prior approval of all plans, projects (for socio-economic development) of government before implementation by panchayats, identify beneficiaries under MGNREGS and other programmes

• GS and Panchayat need to be consulted before land acquisition in SA forany purpose; planning and managing minor water bodies; prior recommendation of GSP for license for minor minerals mining

• Special powers to GSP: regulate sale and consumption of intoxicants,ownership of minor forest produce, 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 ST, 100% reservation ST for Chairpersons)

Tribes Advisory Council (20)• 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 AreaStates 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 ATM Money

(Assam,Meghalaya, Tripura, Mizoram) (Art 244 and 275)

• Autonomous Districts (District Council) and Autonomous Region (Regional Council)

• Extremely detail oriented, so don’t read the original draft

• Just Remember: Governor and state government have significantly limited powers.He decides-

• (a) the composition of the District Councils and Regional Councils and the allocation of seats therein;

• (b) 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 purposes of agriculture or grazingor for residential or other non-agricultural purposes or 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; use of any canal or water-course

• Regulation of 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 rulings 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, vehicles and boats; on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; maintenance of schools, dispensaries or roads.

• Licenses for mineral extraction

• Separate expenditure in budgets

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Dr.Roman Saini

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