Schedules and Amendments in the Indian Constitution
Schedules:
Schedules can be added to the constitution by amendment. The twelve schedules in force cover the designations of the States and Union Territories; emoluments for high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha (Council of States - the upper house of Parliament) per State or Union Territory; provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions); provisions for the administration of tribal areas in Assam; the Union (central government), State, and Concurrent (dual) lists of responsibilities; the official languages; land and tenure reforms; the association of Sikkim with India; anti-defection provisions for Members of Parliament and Members of the State Legislatures; rural development; and urban planning.
Amendments
Methods of Amendment
By simple majority of the Parliament: Amendments in this category can be made by a simple majority of members present and voting, before sending them for the President's assent.
By special majority of the Parliament: Amendments can be made in this category by a two - third majority of the total number of members present and voting, which should not be less than half of the total membership of the house.
By special majority of the Parliament and ratification of at least half of the state legislatures by special majority. After this, it is sent to the President for his assent.
An amendment to the Constitution is an extremely difficult affair, and normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. The Constitution of India is one of the most frequently amended constitutions in the world. The first amendment came only a year after the adoption of the Constitution and instituted numerous minor changes. Many more amendments followed, at a rate of almost two amendments per year since 1950. Many matters that would be dealt with by ordinary statutes in most democracies must be dealt with by constitutional amendment in India due to the document's extraordinary detail. Most of the Constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between Union and State governments must also be approved by fifty percent of State legislatures.
In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicial review to include the power to review Constitutional Amendments passed by the Legislature. Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the 42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of amending power by the judiciary which was never intended by the framers of the Constitution
There have been a total of 93 amendments to the constitution of India, as of 2006.
Articles
Part I - consists of Articles 1 - 4 on the Union and its Territory
Part II - consists of Articles 5 - 11 on Citizenship.
Part III - consists of Articles 12 - 35 on Fundamental Rights.
Articles 14 - 18 on Right to Equality,
Articles 19 - 22 on Right to Freedom,
Articles 23 - 24 on Right against Exploitation,
Articles 25 - 28 on Right to Freedom of Religion,
Articles 29 - 31 on Cultural and Educational Rights,
Articles 32 - 35 on Right to Constitutional Remedies.
Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.
Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.
Part V - consists of Articles on the Union.
Chapter I - Articles 52 to 78 on The Executive.
Articles 52 - 73 on the President and Vice-President,
Articles 74 - 75 on Council of Ministers,
Articles 76 - Attorney General of India,
Articles 77 - 78 on the Conduct of Government Business
Chapter II - Articles 79 - 122 on Parliament.
Articles 79 - 88 on Constitution of Parliament,
Articles 89 - 98 on Officers of Parliament,
Articles 99 - 100 on Conduct of Business,
Articles 101 - 104 on Disqualification of members,
Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,
Articles 107 - 111 on Legislative Procedure,
Articles 112 - 117 on Procedure in Financial Matters,
Articles 118 - 122 on Procedure Generally.
Chapter III - Article 123 on the Legislative Powers of the President.
Article 123 on Power of president to promulgate Ordinances during recess of Parliament
Chapter IV - Articles 124 - 147 on The Union Judiciary.
Articles 124 - 147 Establishment and Constitution of the Supreme Court
Chapter V - Articles 148 - 151 on the Controller and Auditor-General of India.
Articles 148 - 151 on Duties and powers of Comptroller and Auditor-General.
Part VI - Articles on the States.
Chapter I - Article 152 on the General definition of a State of the Union of India
Article 152 - Exclusion of the state of Jammu and Kashmir from the general definition of a state of the Union of India.
Chapter II - Articles 153 - 167 on The Executive
Articles 153 - 162 on The Governor,
Articles 163 - 164 on The Council of Ministers,
Article 165 on the Advocate-General for the State.
Articles 166 - 167 on the Conduct of Government Business.
Chapter III - Articles 168 - 212 on The State Legislature.
Articles 168 - 177 General
Articles 178 - 187 on the Officers of the State Legislature,
Articles 188 - 189 on Conduct of Business,
Articles 190 - 193 on Disqualification of members,
Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,
Articles 196 - 201 on Legislative Procedure,
Articles 202 - 207 on Procedure in Financial Matters,
Articles 208 - 212 on Procedure Generally.
Chapter IV - Article 213 on the Legislative Powers of the Governor
Article 213 - Power of governer to promulgate Ordinances during recess of Assembly of state.
Chapter V - Articles 214 - 231 on The High Courts in the States.
Articles 214 - 231 on High Courts in the States,
Chapter VI - Articles 233 - 237 on the Subordinate Courts
Articles 232 - 237 on Subordinate Courts
Part VII - consists of Articles on States in the B part of the First schedule.
Article 238 Repealed, Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Part VIII - consists of Articles on The Union Territories
Articles 239 - 242 Administration, creation of Council of Ministers and High Courts
Part IX - consists of Articles on the Panchayat system.
Articles 243 - 243O on the Gram Sabha and Panchayat system
Part IXA - consists of Articles on Municipalties.
Articles 243P - 243ZG on Municipalties
Part X - consists of Articles on the scheduled and Tribal Areas
Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures.
Part XI - consists of Articles on Relations between the Union and the States.
Chapter I - Articles 245 - 255 on the Distribution of Legislative Powers
Articles 245 - 255 on Distribution of Legislative Relations
Chapter II - Articles 256 - 263 on Administrative Relations
Articles 256 - 261 - General
Article 262 - on Disputes relating to waters.
Article 263 - on Co-ordination between States
Part XII - consists of Articles on Finance, Property, Contracts and Suits
Chapter I - Articles 264 - 291 on Finance
Articles 264 - 267 General
Articles 268 - 281 on Distribution Revenues between the Union and the States
Articles 282 - 291 on Miscellaneous Financial Provisions
Chapter II - Articles 292 - 293 on Borrowing
Articles 292 - 293 on Borrowing by States
Chapter III - Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and Suits
Articles 294 - 300 on Succession to property assets, liabilities, and obligations.
Chapter IV - Article 300A on the Right to Property
Article 300A - on Persons not to be deprived of property save by authority of law
Part XIII - consists of Articles on Trade and Commerce within the territory of India
Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament and States to impose restrictions on the same
Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304.
Part XIV - consists of Articles on Services Under the Union and the States
Chapter I - Articles 308 - 314 on Services
Articles 308 - 313 on Services
Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
Chapter II - Articles 315 - 323 on the Public Service Commissions
Articles 315 - 323 on Public Service Commissions
Part XIVA - consists of Articles on Tribunals
Articles 323 A - 323 B
Part XV - consists of Articles on Elections
Articles 324 - 329 on Elections
Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
Part XVI - consists of Articles on Special Provisions Relating to certain Classes
Articles 330 - 342 on Reservations
Part XVII - consists of Articles on Official Language
Chapter I - Articles 343 - 344 on Language of the Union
Articles 343 - 344 Official Language of the Union
Chapter II - Articles 345 - 347 on Regional Languages
Articles 345 - 347 on Language of the State
Chapter III - Articles 348 - 349 on Language of the Supreme Court, High courts, Etc
Articles 348 - 349 on Language used in Supreme Court, High courts Etc
Chapter IV - Articles 350 - 351 on Special Directives
Article 350 - on Language to be used in representations for redress of grievances.
Article 350A - on Facilities for instruction in mother-tongue at primary stage.
Article 350B - on provision for Special Officer for linguistic minorities.
Article 351 - on Directive for development of the Hindi language.
Part XVIII - consists of Articles on Emergency Provisions
Articles 352 - 359 on Emergency Provisions
Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3
(w.e.f. 6-1-1990).
Article 360 - on Provisions as to financial emergency.
Part XIX - Miscellaneous
Articles 361 - 361A - Miscellaneous
Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
Articles 363 - 367 - Miscellaneous
Part XX - consists of Articles on Amendment of the Constitution
Articles 368 on the Power of parliament to amend the constitution and procedure therefor
Part XXI - consists of Articles on Temporary, Transitional and Special Provisions
Articles 369 - 378A on Temporary, Transitional and Special Provisions
Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956,
s. 29 and Sch.
Article 392 - on the Power of the President to remove difficulties.
Part XXII consists of Articles on short title, date of commencement, Authoritative text in Hindi and Repeals.
Articles 393 - 395 Commencement, authoritative text in Hindi and repeals
