POC12 — Federal Structure & Centre-State Relations

Currently, the Concurrent List has 52 subjects (originally 47). The Union List has 100 subjects (originally 97), and the State List has 61 subjects (originally 66). The 42nd Amendment (1976) shifted several subjects (including Education, Forests, Weights and Measures, etc.) from the State List to the Concurrent List. In case of conflict between Parliamentary and State law on Concurrent subjects, Parliamentary law prevails (Art. 254).

Article 249 empowers Parliament to legislate on a State List subject when the Rajya Sabha passes a resolution by 2/3rd majority declaring that it is necessary in the national interest. This law remains in operation for one year (renewable). Art. 250 = during National Emergency; Art. 252 = when two or more states pass resolutions requesting Parliament to legislate; Art. 253 = for international treaties (no special RS resolution needed).

Under Article 248, residuary powers (the power to legislate on any matter not enumerated in any of the three lists) is vested in Parliament. This is a key unitary feature of India — unlike the USA and Australia where residuary powers are with states. Parliament can legislate on any subject not in Union, State, or Concurrent List. GST was initially not in any list — Parliament legislated using residuary powers before the 101st Amendment formalised it.

Under Article 254, in case of conflict between a Parliamentary law and a State law on a Concurrent List subject, the Parliamentary law prevails and the State law is void to the extent of repugnancy. However, there is an exception: if the State law has received Presidential assent, then the State law prevails in that state — Parliament can still subsequently override it.

Under Article 271, surcharges on taxes and cesses levied by the Centre are entirely retained by the Centre — they are NOT shared with states and are NOT part of the divisible pool. This is a controversial provision — the Centre has over the years levied many cesses and surcharges (like Krishi Kalyan Cess, Swachh Bharat Cess, education cess) precisely to keep more revenue away from the mandatory state share, which has been criticised by states.

The Inter-State Council (ISC) set up under Article 263 is chaired by the Prime Minister. Its members include all Chief Ministers, Chief Ministers of Union Territories with legislatures, and six Cabinet Ministers nominated by the PM. The ISC was first established in 1990 based on the recommendation of the Sarkaria Commission on Centre-State relations. It enquires into and advises on disputes between states and common interests.

Article 253 empowers Parliament to legislate on any subject (including State List subjects) for implementing international treaties, agreements, or conventions, or decisions of international organisations. No special approval from Rajya Sabha or states is required — Parliament has plenary power. This is how India enacted laws on wildlife protection, environment, etc. to comply with international obligations. There is no time limit on such laws.

The 42nd Amendment (1976) transferred several subjects from the State List to the Concurrent List, including Education, Forests, Protection of Wild Animals and Birds, Administration of Justice, and Weights and Measures. Before 1976, education was exclusively a state subject. After the 42nd Amendment, both Parliament and State legislatures can legislate on education. The 86th Amendment (2002) made primary education (Art. 21A) a Fundamental Right — a different matter.