Centre-State Relations & Federalism

✈️ POA09 · Indian Polity · AFCAT GA AFCAT Level ★ Moderate Priority

📌 AFCAT Focus: (1) Three legislative lists — Union, State, Concurrent — key subjects in each; (2) Residuary powers with Parliament; (3) Federal vs unitary features of Indian Constitution; (4) Finance Commission (Article 280). Questions test: "Which list does 'Education' belong to?" or "What is India's federal character?"

1. Division of Powers — The Three Lists (7th Schedule)

📄 7th Schedule — Three Legislative Lists (Centre-State Division of Powers)

List I — Union List

100 subjects · Parliament only · Exclusive

Legislated by Parliament exclusively
Defence and Armed Forces
Foreign Affairs and Diplomatic Relations
Railways, National Highways, Airways
Currency, Banking, Insurance
Nuclear Energy; Post & Telegraph
Residuary powers also with Parliament (Article 248)
No state can legislate on Union List subjects

List II — State List

61 subjects · State Legislature · Exclusive

Legislated by State Legislature exclusively (in normal times)
Police and Law & Order
Agriculture; Land; Irrigation
Public Health and Sanitation
Local Government; Trade within state
Roads and Bridges (state level)
Parliament CAN legislate on State List during: National Emergency (Art 250); Rajya Sabha resolution (Art 249); implementing international treaties (Art 253)

III

List III — Concurrent List

52 subjects · Both Parliament & States

Both Parliament and State Legislatures can legislate
Criminal Law and Procedure
Education (moved from State List by 42nd Amendment 1976)
Marriage, Divorce, Adoption, Succession
Forests and Wildlife (moved from State by 42nd Amendment 1976)
Labour Laws; Electricity; Drugs
Conflict rule: Central law prevails over State law

⚖ Federal Features

Dual government — Centre and States
Written Constitution
Distribution of powers (3 Lists)
Supremacy of Constitution
Independent Judiciary
Bicameral legislature (Rajya Sabha represents states)

⚖ Unitary (Quasi-Federal) Features

Single Constitution; Single Citizenship
Governor appointed by President (not elected by state)
Emergency provisions convert to unitary system
Integrated Judiciary headed by SC
All India Services (IAS, IPS) — controlled by Centre
Parliament can legislate on State List in certain circumstances
Residuary powers with Parliament (not states)

📊 Finance Commission (Article 280): Constituted by the President every 5 years to recommend: (1) distribution of taxes between Centre and States, (2) grants-in-aid to states, (3) any other matter referred by President. Chairperson + 4 members appointed by President. The 16th Finance Commission (2026–2031) has been constituted.

📝 AFCAT PYQ Practice — POA09

Q1. Education in India falls under which legislative list? AFCAT PYQ

(a) Union List(b) State List(c) Concurrent List(d) Residuary List

✔ Answer: (c) Concurrent List

Education was originally in the State List but was moved to the Concurrent List by the 42nd Constitutional Amendment 1976. Being in the Concurrent List means both Parliament and state legislatures can legislate on education. In case of conflict, the Central law prevails. Forests and Wildlife were also moved from State to Concurrent by the same amendment.

Q2. Residuary powers (not in any of the three lists) in India vest with: AFCAT PYQ

(a) State Legislatures(b) Parliament(c) Supreme Court(d) President

✔ Answer: (b) Parliament

Under Article 248, Parliament has exclusive power to make laws on any matter not included in the Concurrent List or State List — i.e., residuary powers vest with Parliament. This is a unitary feature of the Indian Constitution (contrast with USA and Australia where residuary powers are with states).

📋 Quick Reference — POA09

📄 Three Lists

List I (Union): 100 subjects; Parliament only
List II (State): 61 subjects; State only
List III (Concurrent): 52; both can legislate
Residuary: Parliament (Art 248)

⚖ Moved to Concurrent (42nd Amdt 1976)

Education (was in State List)
Forests (was in State List)
Wildlife (was in State List)

⚖ Finance Commission

Article 280
Every 5 years
Recommends Centre-State tax distribution
Chair + 4 members; appointed by President

📝 Mock Tests 🎯 Subject Quiz ✈️ Telegram