Indian Federalism and Division of Powers
NCERT Class 10 - Democratic Politics II • NCERT Class 11 - Indian Constitution at Work, Chapter 7
Indian Federalism and Division of Powers
Article 1 describes India as a Union of States, not a federation formed by agreement. The Constitution is federal in structure with a strong unitary bias, which is why scholars call it quasi-federal or a federation with a strong centre.
Federal and unitary features
| Federal features | Unitary features |
|---|---|
| Two sets of government, union and state | Parliament can change state names and boundaries under Article 3 |
| Written and supreme Constitution | Single Constitution for the whole country |
| Division of powers in the Seventh Schedule | Residuary powers rest with the centre |
| Independent judiciary settles disputes | Single integrated judiciary, not two hierarchies |
| Bicameral Parliament with a House of states | Single citizenship for all Indians |
| Rigid amendment of federal provisions | All India Services controlled by the centre |
| Finance Commission for revenue sharing | Emergency provisions can make the system unitary |
- Article 3 allows Parliament to form new states and alter boundaries, and the consent of the affected state is not binding - the President need only refer the Bill to it for views.
- Federalism in India was designed for a country that had to be held together, not one formed by states coming together, which explains the strong centre.
The three lists
- The Seventh Schedule divides subjects into three lists.
- Union List - originally 97 subjects, including defence, foreign affairs, railways, banking, currency, atomic energy, citizenship, and post and telegraph. Only Parliament can legislate on these.
- State List - originally 66 subjects, including public order, police, public health, agriculture, land, fisheries and local government. Normally only state legislatures can legislate.
- Concurrent List - originally 47 subjects, including education, forests, criminal law, marriage and divorce, bankruptcy, and economic and social planning. Both can legislate.
- Article 254 - if a central and a state law on a concurrent subject conflict, the central law prevails, unless the state law received the President's assent.
- Article 248 - residuary powers, over subjects in no list, belong to Parliament.
- The 42nd Amendment of 1976 shifted education, forests, weights and measures, protection of wild animals and birds, and administration of justice from the State List to the Concurrent List.
When Parliament may legislate on a state subject
- Article 249 - the Rajya Sabha passes a resolution by two-thirds of members present and voting that a State List matter is of national interest.
- Article 250 - during a National Emergency.
- Article 252 - when two or more state legislatures request it, the law then applying to those states and any other that adopts it.
- Article 253 - to implement an international treaty or agreement.
- Article 356 - when President's rule is in force in a state.
हिंदी संकेत: अवशिष्ट शक्तियां संसद के पास हैं - यह कनाडा से लिया गया है और अमेरिका के उलट है, जहां अवशिष्ट शक्तियां राज्यों के पास रहती हैं।
Exam me kaise aata hai
Match-the-following on subject and list is very common - police with State, defence with Union, education with Concurrent. Factual questions ask who holds residuary powers and which amendment moved education. Statement-based questions test whether state consent is needed under Article 3.
UPSC / State PSC ke liye
Frame Indian federalism as holding together federalism - born from a single administrative unit being devolved, not from independent units combining, which explains Article 3, the residuary power, the Governor and the emergency provisions. Also note asymmetrical federalism - Article 371 special provisions and the Fifth and Sixth Schedules give different terms to different regions.
Yahan confuse hote hain
✗ Residuary powers belong to the states | ✓ They belong to Parliament under Article 248
✗ Education has always been a Concurrent subject | ✓ It moved from State to Concurrent by the 42nd Amendment in 1976
✗ A state's consent is required to change its boundary | ✓ Its views are sought but are not binding on Parliament
Ek nazar me
- Article 1 calls India a Union of States; the system is federal with a strong centre.
- Article 3 lets Parliament alter state boundaries without binding state consent.
- Seventh Schedule has three lists - Union, State and Concurrent.
- Article 254 gives central law primacy in a concurrent conflict.
- Article 248 gives residuary powers to Parliament.
- The 42nd Amendment moved education, forests and weights and measures to the Concurrent List.
- Parliament may legislate on state subjects under Articles 249, 250, 252, 253 and 356.