INDIA LAW LOOK: February 2024

Tuesday, February 27, 2024

SCHEDULE-SECTION OF:1-16

SEVENTH SCHEDULE

SECTION OF:1-16

LIST I-UNION LIST(1 TO 14)

1. Defence of India and every part thereof including preparation for defense and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilization.

2. Naval, military, and air forces; any other armed forces of the Union.

1[2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges, and liabilities of the members of such forces while on such deployment.]

SCHEDULE-SECTION OF:1-20C

SCHEDULE-SECTION OF:1-4

FIFTH SCHEDULE

SECTION OF:1-4

GENRAL (PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHESULAD AREAE AND SCHEDULED TRIBES)

1. Interpretation:-

In this Schedule, unless the context otherwise requires, the expression “State” 1*** does not include the 2 [States of Assam 3 [, 4 [Meghalaya, Tripura and Mizoram.]]]

2. Executive power of a State in Scheduled Areas.—

Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.

3. Report by the Governor 5*** to the President regarding the administration of Scheduled Areas.—

The Governor 5*** of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled

Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

SCHEDULE-SECTION OF: 1-3

1[ FOURTH SCHEDULE]

SECTION OF: 1-3

ALLOCATION OF SEARS IN THE COUNCIL OF STATES (1 TO 9)

To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be:

1. Andhra Pradesh ................................................ 2[11]

3 [2. Telangana ................................................................ 7]

4 [3.] Assam ........................................................................... 7

4 [4.] Bihar ............................................................................. 5 [16]

6 [ 4 [5.] Jharkhand ................................................................ 6]

7 [ 8 [ 4 [6.] Goa ...............................................................................1]]

9 [ 8 [ 4 [7.] Gujarat ..........................................................................11]]

10[ 8 [ 4 [8.] Haryana .........................................................................5]]

8 [ 4 [9.] Kerala ........................................................................... 9

SCHEDULE-SECTION OF:1-8

THIRD SCHEDULE

SECTION OF:1-8

FORMS OF OATHS OR AFFIRMATIONS (FORM OF OATH OF OFFICE FOR A MINISTER FOR THE UNION)

“I, A. B., do swear in the name of God that I will bear true faith

solemnly affirm

and allegiance to the Constitution of India as by law established, 1 [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”

SCHEDULE-SECTION OF:1-4

SECOND SCHEDULE

SECTION OF:1-4

PROVISIONS AS TO THE PRESIDENT AND THE GOVERNIRS OF STATES 1***

1. There shall be paid to the President and to the Governors of the States 1*** the following emoluments per menses, that is to say:—

The President …… 10,000 rupees* .

The Governor of a State …… 5,500 rupees**

2. There shall also be paid to the President and to the Governors of the States 2*** such allowances as were payable respectively to the Governor-general of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.

SCHEDULE-SECTION OF:1-10

FIRST SCHEDULE

SECTION OF:1-10

THE STATES (ANDHRA PRADESH, ASSAM)

1.Andhra Pradesh

1[The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959] 2[and the territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014].

2.Assam

The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951 3[and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962] 4[and the territories specified in sections 5, 6 and 7 of the North-eastern Areas (Reorganisation) Act, 1971] 5[and the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.]

THE CONSTITUTION OF INDIA, ARTICLE-168-212

THE CONSTITUTION OF INDIA,ARTICAL-168-212

THE CONSTITUTION OF INDIA, ARTICLE-168-212

THE STAES-THE STATE LEGIATURE.

ARTICLE-168-212

CONSTITUTION OF LEGISLATURES IN STATES

(1) For every State there shall be a Legislature which shall consist of the Governor, and

(a) in the States of Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Telangana and Uttar Pradesh, two Houses

(b) in other States, one House.

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

THE CONSTITUTION OF INDIA, ARTICLE: 213-213

THE LEGISLATIVE POWER OF THE GOVERNOR.

ARTICLE: 213-213

POWER OF GOVERNOR TO PROMULGATE ORDINANCES DURING RECESS OF LEGISLATURE

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if:

(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature;

(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President;