Fourth Schedule of the Indian Constitution

The Fourth Schedule of the Indian Constitution is an important provision that deals with the allocation of seats in the Council of States (Rajya Sabha

Fourth Schedule of the Indian Constitution

The Fourth Schedule of the Indian Constitution is an important provision that deals with the allocation of seats in the Council of States (Rajya Sabha). The Rajya Sabha is the upper house of the Parliament of India, and the Fourth Schedule outlines the method and distribution of representation of states and union territories in the Rajya Sabha.

In this blog post, we will discuss the text, explanation, significance, and historical context of the Fourth Schedule of the Indian Constitution.

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Text of the Fourth Schedule

The Fourth Schedule of the Constitution deals specifically with the allocation of seats in the Rajya Sabha (Council of States). The Constitution mandates the following:

• Article 80 of the Indian Constitution provides that the Council of States consists of representatives from the States and Union Territories.
• The Fourth Schedule specifies the number of representatives to be elected by the members of the Legislative Assemblies of each State and Union Territory, as well as the members to be nominated by the President.

The primary text of the Fourth Schedule outlines:

• The total number of seats for each state and Union Territory in the Rajya Sabha.
• The method of election and the criteria for electing members to the Rajya Sabha.

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Explanation of the Fourth Schedule

The Fourth Schedule is essentially a detailed table that enumerates the seats allocated to each state and union territory for the Rajya Sabha. This distribution is based on the population of each state or union territory.

Key aspects include:

1. State Representation in Rajya Sabha:

   • The Council of States (Rajya Sabha) represents the interests of the states and union territories in the Indian Parliament.
   • Seats are allocated based on the population of each state or union territory, as well as other historical considerations, with some states being granted more seats due to their historical importance or larger population.
   • The states with larger populations (like Uttar Pradesh, Bihar, and Maharashtra) receive more seats, while smaller states (like Goa, Sikkim, and Arunachal Pradesh) are allotted fewer seats.

2. Representation of Union Territories:

   • The Union Territories of India (such as Delhi, Puducherry, and Jammu & Kashmir) also have representation in the Rajya Sabha.
   • However, their representation is relatively limited compared to that of states.

3. Seats for Nominated Members:

   • The President of India can nominate 12 members to the Rajya Sabha. These members are not elected but are appointed for their expertise in fields such as literature, science, art, and social service.

4. Total Number of Seats:

   • The total strength of the Rajya Sabha is 245 members, with 233 members elected by the state legislatures and Union Territories, and 12 members nominated by the President.

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Distribution of Seats in the Fourth Schedule

Here’s a summary of how the seats are distributed among the states and Union Territories in the Rajya Sabha, according to the Fourth Schedule:

State/Union Territory	Number of Seats
Uttar Pradesh	31
Bihar	16
Maharashtra	19
West Bengal	16
Tamil Nadu	18
Andhra Pradesh	11
Rajasthan	10
Madhya Pradesh	11
Karnataka	12
Gujarat	11
Kerala	9
Orissa	10
Assam	7
Punjab	7
Haryana	5
Jharkhand	6
Chhattisgarh	5
Uttarakhand	3
Himachal Pradesh	3
Goa	1
Sikkim	1
Nagaland	1
Tripura	1
Meghalaya	1
Arunachal Pradesh	1
Mizoram	1
Puducherry	1
Delhi	3
Jammu & Kashmir	4

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Significance of the Fourth Schedule

1. Representation of States in the Parliament:
   The Fourth Schedule ensures that states and union territories are adequately represented in the Rajya Sabha, which gives them a voice in the formulation of national policies and laws. It balances the representation of states with the strength of the Lok Sabha, where representation is based on population.

2. Federal Balance:
   The Fourth Schedule helps maintain the federal structure of the Indian polity by ensuring that both large and small states have a say in the national decision-making process. This fosters a sense of equality among all states, regardless of their population size.

3. Role of Rajya Sabha in Legislation:
   The Rajya Sabha plays a critical role in reviewing, revising, and shaping laws passed by the Lok Sabha (the lower house of Parliament). The seats allocated under the Fourth Schedule help ensure that all regions and communities have equal representation in this critical legislative process.

4. Representation of Union Territories:
   The Fourth Schedule provides representation to Union Territories such as Delhi, Puducherry, and Jammu & Kashmir, ensuring that even these smaller regions have a voice in national legislation.

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Historical Context and Amendments

• The Fourth Schedule was originally part of the Constitution of India in 1950. Over the years, several amendments have been made to adjust the allocation of seats as per changes in the population and political landscape.
• The Seats of Rajya Sabha have remained largely the same, but they can be altered with the approval of Parliament.

Notable Amendments:

1. Representation for Jammu & Kashmir:
   Prior to the abrogation of Article 370, Jammu and Kashmir had its own Constitution and did not have the same representation in the Rajya Sabha as other states. After the reorganization of Jammu & Kashmir in 2019, it became a Union Territory with representation in the Rajya Sabha under the provisions of the Fourth Schedule.

2. Delhi & Puducherry:
   As Union Territories, Delhi and Puducherry were granted representation in the Rajya Sabha under the Fourth Schedule, ensuring their inclusion in the national legislative process.

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Conclusion

The Fourth Schedule of the Indian Constitution plays a vital role in maintaining the federal structure of the country and ensuring equitable representation for both states and Union Territories in the Rajya Sabha. By allocating seats based on population and regional significance, it provides a balanced voice to various regions in the country.

Understanding the Fourth Schedule is crucial for those studying the Indian Constitution as it directly affects the functioning of the Council of States (Rajya Sabha) and ensures that all regions of India have representation at the national level. The amendments and updates to this schedule over time reflect the evolving political and social landscape of the country.