4th Schedule of Indian Constitution – UPSC Notes

Fourth (4th) Schedule of the Indian Constitution deals with the distribution of seats in the Rajya Sabha. The total number of seats in the Rajya Sabha is 250 out of which 238 seats are divided between the States and Union Territories and 12 seats are reserved for nomination by the President. The number of seats allocated varies from state to state. Originally the Indian Constitution consisted of only eight schedules. Four more schedules were later added by the process of amendment. The term schedule was first used in the Government of India Act, 1935 where ten schedules were mentioned.

What is the Fourth Schedule of the Indian Constitution?

The Fourth Schedule of the Indian Constitution contains provisions related to the allocation of seats in the Council of States or Rajya Sabha. It lays down details of the distribution of seats in the Rajya Sabha to the States and Union Territories. The allocation is done via indirect election except for twelve nominations that are selected by the President from the field of arts, science, literature and social service.

The number of seats allocated is different for all States and Union Territories. The total number of seats in the Rajya Sabha is 250 out of which 238 are elected from the States and Union Territories and 12 are nominated. The current strength of Rajya Sabha is 245 in which 233 are elected representatives and 12 are nominated representatives.

History of the Fourth Schedule

When the Constitution was adopted in 1949, the Rajya Sabha was supposed to have 217 seats out of which 205 were to be elected and 12 were to be nominated. When the Constitution came into force in 1950 there were 216 seats in the Rajya Sabha. 204 seats were to be distributed among the States and the Union Territories and 12 people were to be nominated.

The Fourth Schedule has been amended thrice by the Andhra State Act, 1953, the Bihar and West Bengal (Transfer of Territories) Act, 1956 and the States Reorganisation Act, 1956. Since 1952 the number of seats allocated to the States and Union Territories has changed. In 1954 there were 204 elective seats which increased to 207 in 1956 and later to 220 in 1970. The number of nominated seats has remained the same at 12.

Presently, there are 238 seats allocated to the States and Union Territories out of which 233 are filled. Currently the total strength of the Rajya Sabha is 245- 233 elected and 12 nominated.

The Fourth Schedule is always modified each time a new state is created or a change is made to the existing states.

Constitutional Articles attached with the Fourth Schedule of the Indian Constitution

Schedule 4 deals with Articles 4(1) and 80(2).

• Article 4(1) states that any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary.
• Article 80(2) states that the allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

Main Provisions of the Fourth Schedule

The main provisions of the Fourth Schedule are discuss below:

• Rajya Sabha has a maximum strength of 250 seats out of which 238 seats represent the States and the Union Territories and 12 members are nominated by the President.
• Presently, there are 245 members in the Rajya Sabha. 233 members are elected from the States and Union Territories and 12 are nominated by the President.
• The members are elected to the Rajya Sabha by the elected members of the respective State Legislative Assemblies. This is done through the system of proportional representation by means of a single transferable vote.

List of Seats Allocated to each State and Union Territory

The table given below gives details about the seat allocation for respective States and Union Territories. While Uttar Pradesh has the greatest number of seats allocated to it (31), there are UTs like Andaman and Nicobar Islands and Chandigarh which have 0 seats allocated to them.

State/Union Territory	Number of Seats
Total	233
Uttar Pradesh	31
Maharashtra	19
Tamil Nadu	18
West Bengal	16
Bihar	16
Karnataka	12
Madhya Pradesh	11
Gujarat	11
Andhra Pradesh	11
Rajasthan	10
Odisha	10
Kerala	9
Telangana	7
Punjab	7
Assam	7
Jharkhand	6
Chhattisgarh	5
Haryana	5
Jammu and Kashmir	4
Himachal Pradesh	3
National Capital Territory of Delhi	3
Uttarakhand	3
Arunachal Pradesh	1
Goa	1
Manipur	1
Nagaland	1
Mizoram	1
Meghalaya	1
Puducherry	1
Sikkim	1
Tripura	1
Lakshadweep	0
Daman and Diu	0
Dadra and Nagar Haveli	0
Andaman and Nicobar Islands	0
Chandigarh	0

Conclusion

The Fourth Schedule is an integral part of the Indian Constitution because it gives details about the seat allocation of the Rajya Sabha. It clearly lays down the numbers allotted to each State and Union Territory. It can be easily amended on the creation of a new State or abolition of an existing State.

FAQs on 4th Schedule of Indian Constitution

What is the Fourth Schedule of the Indian Constitution?

The Fourth Schedule of the Indian Constitution contains provisions related to the allocation of seats in the Council of States or Rajya Sabha. It lays down details of the distribution of seats in the Rajya Sabha to the States and Union Territories. Out of a total of 250 seats, 238 seats are allotted to the States and Union Territories and 12 are nominated.

Which state has the largest number of seats allotted to it?

Uttar Pradesh has the largest number of seats allotted to it. The strength of Uttar Pradesh is 31 seats.

What is the total strength of the Rajya Sabha?

The total number of seats in the Rajya Sabha is 250 out of which 238 are elected from the States and Union Territories and 12 are nominated. The current strength of Rajya Sabha is 245 in which 233 are elected representatives and 12 are nominated representatives.

What is the minimum number of seats allotted to a State or Union Territory?

States such as Arunachal Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura and the Union Territory of Puducherry have been allocated only 1 seat in the Rajya Sabha. Union Territories such as Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep have 0 seats allotted to them.

What is the current strength of the Rajya Sabha?

The total number of seats in the Rajya Sabha is 250 out of which 238 are elected from the States and Union Territories and 12 are nominated. The current strength of Rajya Sabha is 245 in which 233 are elected representatives and 12 are nominated representatives.