(The Indian Categorical has launched a brand new collection of articles for UPSC aspirants written by seasoned writers and students on points and ideas spanning Historical past, Polity, Worldwide Relations, Artwork, Tradition and Heritage, Surroundings, Geography, Science and Know-how, and so forth. Learn and replicate with topic consultants and enhance your probability of cracking the much-coveted UPSC CSE. Within the following article, Kannan Ok displays on India’s federal system and the three lists on Structure Day.)
The drafting of the Indian Structure by the Constituent Meeting marked a historic milestone in India’s journey as an unbiased nation, culminating in its adoption on 26 November 1949 (it got here into impact on 26 January 1950). This landmark event is yearly celebrated as Structure Day, also referred to as the Nationwide Legislation Day.
This present day is an apt second to replicate on one of the crucial defining options of the Indian Structure — its federal construction, as articulated by way of the division of powers within the Seventh Schedule, comprising the Union Listing, State Listing, and Concurrent Listing.
As former Chief Justice of India, Justice DY Chandrachud underlined that Indian federalism represents a deliberate constitutional alternative by the framers geared toward balancing unity and variety, decentralisation, and democratic decision-making. This framework promotes self-rule whereas additionally making certain shared governance.
Distinctive options of India’s federalism
India is usually known as a ‘quasi-federal’ republic because it has synthesised the traits of each federal and unitary methods. This method has been designed to accommodate the nation’s socio-cultural and political variety. Whereas India has adopted a federal construction that divides energy between the central/federal authorities and its member states, its Structure additionally incorporates unitary options, permitting for flexibility in governance.
Thus, a few of the main federal options put in place by the framers of the Structure embody:
— Twin polity: With the Union authorities on the heart and state governments on the periphery, India has a twin governance system.
— Constitutional supremacy: All legal guidelines enacted by legislatures at numerous ranges should conform to the provisions of the Structure.
— Inflexible modification procedures: The Structure of India protects its federal construction by adopting inflexible procedures for amendments that may have an effect on the steadiness of energy between the Union and the states and infrequently require approval by each the centre and states.
— Division of energy: Most significantly, its clear system of division of powers between central and state governments is enshrined within the Seventh Schedule of the Structure, which classifies topics into three lists, i.e. Union Listing, State Listing and Concurrent Listing.
The three lists
The Constituent Meeting supplied a strong mechanism to make sure a transparent division of powers between the centre and the states by way of the Union and State lists.
Union Listing: Topics belonging to the Union Listing solely fall below the legislative authority of Parliament, and examples embody defence and overseas affairs.
State Listing: The State Listing is an inventory of topics that come below the authority of state legislatures, and a few examples of the themes embody police, public well being, and agriculture.
Concurrent Listing: The Concurrent Listing was impressed by the Australian Structure. The record enumerates topics on which each the Union and state governments can legislate, with Union legal guidelines prevailing within the occasion of a battle. Examples of topics below the Concurrent Listing embody training and marriage.
This tripartite division helps the Indian republic strike the appropriate steadiness between nationwide integrity and regional autonomy and shield the assorted sociocultural identities and variety intrinsic to the Indian panorama.
Furthermore, this pragmatic system establishes a system of cooperative federalism such that the union authorities and state governments work as companions for improvement and better public welfare. Additionally they be certain that there is no such thing as a focus of energy at any degree of presidency. Alteration to the Seventh Schedule requires a particular majority of parliament and in some circumstances ratification by half the state legislatures.
Modifications made to the three lists
Over time, modifications to the three lists outlined within the Seventh Schedule of the Indian Structure have been undertaken to deal with the evolving governance wants and public coverage priorities. On the time of its adoption, the Structure allotted 98 topics to the Union Listing, 66 to the State Listing, and 47 to the Concurrent Listing.
Presently, the numbers stand at 100 topics within the Union Listing, 59 within the State Listing, and 52 within the Concurrent Listing, reflecting the numerous shifts over the a long time. Amongst these adjustments, the forty second Modification Act of 1976 – sometimes called the “mini-Structure” because of the intensive revisions it made – launched essentially the most substantial adjustments to the Seventh Schedule.
This modification transferred key topics equivalent to training, forests, safety of untamed animals and birds, and administration of justice from the State Listing to the Concurrent Listing. These amendments, significantly the centralising shifts embodied within the forty second Modification, replicate a broader pattern towards elevated centralisation inside India’s federal construction.
Whereas such adjustments purpose to deal with nationwide priorities and foster uniformity in crucial areas, additionally they underscore the evolving steadiness of energy between the Union and the states because the nation adapts to new challenges and complexities.
Examples of topics moved to Concurrent Listing
The shifting of training to the Concurrent Listing helped to make sure uniformity in instructional requirements throughout the nation. It enabled the Union authorities to introduce nationwide insurance policies just like the Proper to Training Act, 2009 and the Nationwide Training Coverage, whereas permitting states to deal with region-specific instructional wants.
Equally, the Structure granted states unique management over forest administration and conservation. Nevertheless, the forty second Modification moved forests to the Concurrent Listing in view of the rising considerations about environmental degradation, deforestation, and the worldwide significance of biodiversity. This shift enabled the Union authorities to enact laws such because the Forest Conservation Act, 1980, which restricted the usage of forest land for non-forest functions (equivalent to for infrastructure and business).
Whereas such adjustments strengthened India’s capability to implement nationwide conservation insurance policies and meet worldwide environmental commitments, additionally they led to tensions as a number of states criticised these legal guidelines as restrictive, significantly in conditions the place forest lands are required for infrastructure or industrial improvement. Nonetheless, the switch of the themes from one record to the opposite highlights the dynamic nature of India’s federal construction, balancing nationwide priorities with regional autonomy and persevering with to form the discourse on cooperative federalism.
Modern challenges
The division of powers articulated within the three lists of the Seventh Schedule of the Structure exemplifies its adaptability, successfully balancing centralisation and regional autonomy to fulfill the nation’s governance wants. By institutionalising cooperative federalism, this framework facilitates collaboration between the Union and states, enabling the pursuit of nationwide priorities alongside regional aspirations whereas upholding India’s democratic ethos and fostering unity in variety.
Justice DY Chandrachud additionally famous how new challenges equivalent to “local weather change, synthetic intelligence and cybercrime transcend territorial boundaries which kind the premise of federal items.” The Indian federal construction, with its dynamic allocation of powers, can tackle these challenges by way of collaborative efforts between the states and the centre. Thus, India’s federal system stands tall as a testomony to the imaginative and prescient and foresight of the framers of the Structure on the seventy fifth anniversary of the adoption of the Structure.
Submit Learn Questions
What are three lists within the Seventh Schedule of the Indian Structure, and the way do they form the federal construction of governance?
What’s the significance of the tripartite division of powers within the Indian Structure?
The shift of topics from the State Listing to the Concurrent Listing exemplifies the evolving relationship between central and state governments. Consider with examples.
In what methods does India’s federal system replicate the foresight of the framers of the Structure, particularly on its seventy fifth anniversary?
How has the dynamic allocation of powers between the Union and states enabled India to adapt to trendy challenges equivalent to local weather change, synthetic intelligence, and cybercrime?
(Kannan Ok is a Doctoral candidate in Political Science on the Centre for Financial and Social Research, Hyderabad.)
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