Centre-State Relations & Federalism

⚖ PON08 · Indian Polity · NDA GAT NDA Level ★ Moderate Priority

📌 NDA Focus: (1) Three legislative lists — Union, State, Concurrent; (2) Residuary powers with Parliament; (3) Federal vs Unitary features; (4) Finance Commission; (5) SR Bommai case. The 7th Schedule (three lists) is directly tested.

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

Legislated by Parliament exclusively
Defence and Armed Forces
Foreign Affairs and Diplomatic Relations
Railways, National Highways, Airways
Currency, Banking, Insurance, Stock Exchange
Nuclear Energy; Post & Telegraph
Residuary powers also with Parliament (Article 248)

List II — State List

61 subjects · State Legislature

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 during: National Emergency (Art 250); Rajya Sabha resolution (Art 249); international treaties (Art 253)

III

List III — Concurrent List

52 subjects · Both Parliament & State

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
Borrowed from Australian Constitution

⚖ Federal Features of Indian Constitution

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

⚖ Unitary (Quasi-Federal) Features

Single Constitution, single citizenship
Governor appointed by President
Emergency provisions convert to unitary
Integrated Judiciary; All India Services
Parliament can legislate on State List during Emergency (Art 250)
Rajya Sabha can authorise Parliament to legislate on State List (Art 249)

📊 SR Bommai v. Union of India (1994): Supreme Court held that federalism is a basic feature of the Constitution. Imposition of President's Rule (Article 356) is subject to judicial review. The President cannot use it for political purposes. Floor test must be conducted to determine majority before dismissing state government. This judgment significantly limited misuse of Article 356.

📝 NDA PYQ Practice — PON08

Q1. Education is listed in which schedule/list of the Indian Constitution? NDA PYQ

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

✔ 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 (also moved from State to Concurrent in 1976) is another example.

Q2. Residuary powers (powers not in any list) are vested in: NDA PYQ

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

✔ Answer: (b) Parliament

Under Article 248, Parliament has exclusive power to make laws with respect to 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 (in the USA, residuary powers are with states; in Canada, with Centre — India follows Canada's model).

📋 Quick Reference — PON08

📄 Three Lists

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

⚖ Finance Commission

Article 280
Constituted every 5 years
Recommends Centre-State tax distribution
Chairperson + 4 members; appointed by President

⚖ Key Cases

SR Bommai (1994): federalism = basic structure
Art 356: subject to judicial review
Floor test before dismissing state govt

📝 Mock Tests 🎯 Subject Quiz ✈️ Telegram