Second and Third Schedules Overlap
The Second Schedule defines the emoluments for offices like the President and Governors. The Third Schedule explicitly dictates Oaths and Affirmations. The Comptroller and Auditor General is a rare office explicitly listed in both schedules. These schedules can be amended by a simple parliamentary majority.
Primary Reference: Standard Educational Reference
Target: UPSC Civil Services
Updated:
Difficulty
Hard
Skill Tested
Factual Recall
Evaluate the granular accuracy of the following provisions regarding the Second (Emoluments) and Third (Oaths) Schedules:
1. Both the Second and Third schedules contain explicit textual provisions relating to the office of the Vice-President.
2. The highest executive offices, the President and State Governors, are listed in the Second Schedule but are entirely absent from the Third Schedule.
3. The constitutionally independent office of the Comptroller and Auditor General of India is explicitly featured in both Schedules.
4. Any textual modifications to either of these Schedules demand a rigid special majority under the Article 368 amendment protocol.
Detailed Solution & Context
Analyze the amendment procedures governing the administrative schedules:
1. Assertion: The foundational administrative details concerning official salaries and generalized oaths are designed to be highly adaptable by the ruling government.
2. Reason 1: The Constitution permits the central Parliament to amend both the Second and Third Schedules utilizing a flexible simple majority vote.
3. Reason 2: The Constitution intentionally omitted the President's oath from the Third Schedule to ensure it could also be altered by a simple majority.
Detailed Solution & Context
Imagine a constitutional crisis occurs and the Parliament decides to rapidly alter the textual format of the oaths taken by the Prime Minister, the Chief Justice of India, and the President. To achieve this, the ruling party passes a bill using only a 'simple majority'. Based on the location of these oaths, whose oath was illegally altered by this process?
1. The Prime Minister's oath was illegally altered.
2. The Chief Justice of India's oath was illegally altered.
3. The President's oath was illegally altered.
Detailed Solution & Context
Determine the validity of the following technical claims regarding the Constitution's schedules:
1. The Vice-President's official oath is cataloged within the parameters of the Third Schedule.
2. The executive offices of the President and Governors lack representation within the Third Schedule.
3. The independent Comptroller and Auditor General holds listings in both the Second and Third Schedules.
4. Alterations to both Schedules are constitutionally exempt from the rigid requirements of Article 368.
Detailed Solution & Context
π¨ The Examiner's Trap
Candidates logically but incorrectly assume that if the President/Governor/VP are in the Second Schedule (Salaries), they must also be in the Third Schedule (Oaths). They fail to realize these specific heads of state have their oaths codified in dedicated standalone Articles (like Art 60).
β‘ Quick Revision
Concept Flow Mapping
Logic Quest
"Why are the oaths for the President and state Governors absent from the Third Schedule?"
Topic Clusters