INDIAN CONSTITUTION TURNS 75
India is frequently referred to as a ‘quasi-federal’ republic because it blends aspects of both federal and unitary systems. This unique structure has been crafted to reflect the country’s socio-cultural and political diversity. While India follows a federal framework that distributes authority between the central government and individual states, its Constitution also incorporates unitary elements that provide adaptability in governance.
Key federal features established by the framers of the Constitution include:
- Dual polity: India has a dual system of governance, consisting of the Union government at the center and state governments at the periphery.
- Constitutional supremacy: All legislative acts at various levels must comply with the Constitution’s provisions.
- Rigid amendment process: The Indian Constitution safeguards its federal balance by implementing a stringent amendment process, often requiring approval from both the central government and the states for changes that affect power distribution.
- Division of powers: The Constitution clearly outlines the distribution of powers between the central and state governments in the Seventh Schedule, which categorizes subjects into three lists: the Union List, the State List, and the Concurrent List
The Constituent Assembly established a comprehensive framework to maintain a clear separation of powers between the central government and the states through the Union and State lists.
- Union List: This list includes subjects solely under the legislative jurisdiction of Parliament, with examples such as defence and foreign affairs.
- State List: Subjects in this list fall under the legislative authority of state governments, including areas like police, public health, and agriculture.
- Concurrent List: Modeled after the Australian Constitution, the Concurrent List specifies subjects on which both the Union and state governments can pass laws. In case of a conflict, Union laws take precedence. Examples of these subjects include education and marriage.
This three-tiered division of powers enables India to maintain a balance between national unity and regional independence while preserving the rich socio-cultural diversity of the nation.
Additionally, this practical approach fosters cooperative federalism, encouraging the Union and state governments to collaborate for development and public welfare. This setup also prevents the centralization of power at any single level of government. Changes to the Seventh Schedule require a special majority in Parliament and, in some instances, ratification by at least half of the state legislatures
4.1. Changes made to the list
- The three lists in the Seventh Schedule of the Indian Constitution have undergone changes over time to align with evolving governance demands and public policy priorities. When the Constitution was adopted, the Union List contained 98 subjects, the State List had 66, and the Concurrent List included 47.
- Today, these numbers have shifted to 100 subjects in the Union List, 59 in the State List, and 52 in the Concurrent List, highlighting significant adjustments over the years. Among these, the 42nd Amendment Act of 1976, often referred to as the "mini-Constitution" due to its comprehensive changes, brought the most notable revisions to the Seventh Schedule.
- This amendment moved key subjects such as education, forests, wildlife protection, and the administration of justice from the State List to the Concurrent List. These centralising changes introduced by the 42nd Amendment reflect a broader trend toward increasing central authority within India’s federal framework.
- While these adjustments aim to address national concerns and ensure consistency in critical areas, they also illustrate the shifting balance of power between the Union and the states as India adapts to emerging challenges and complexities
5. Concurrent list revisions
- The inclusion of education in the Concurrent List aimed to establish uniform educational standards nationwide. This change empowered the Union government to implement national initiatives such as the Right to Education Act, 2009, and the National Education Policy, while allowing states to cater to region-specific educational demands.
- Similarly, states were originally granted exclusive authority over forest management and conservation. However, the 42nd Amendment transferred forests to the Concurrent List, reflecting rising concerns about environmental degradation, deforestation, and the global significance of biodiversity.
- This shift enabled the Union government to pass laws like the Forest Conservation Act, 1980, which restricted the diversion of forest land for non-forest purposes, including industrial and infrastructure projects.
- Although these changes enhanced India’s capacity to enforce national environmental policies and fulfill international obligations, they also created friction, with some states viewing these regulations as overly restrictive, especially when forest lands are needed for developmental projects.
- These adjustments underscore the evolving nature of India's federal framework, striving to balance national objectives with regional autonomy while fostering cooperative federalism
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For Prelims: Constitutional amendment, Simple Majority, Special Majority, Constitutional Conventions, Anti-defection law, National Commission for Backward Classes (NCBC), Reservation for Economically Weaker Sections (EWSs), Goods and Services Tax (GST).
For Mains: 1. Discuss the significance and challenges associated with the process of amending the Constitution of India. (250 Words).
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Previous year Question1. Consider the following statements (2013) 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: d 2. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC 2016) A. Lok Sabha by a simple majority of its total membership B. Lok Sabha by a majority of not less than two-thirds of its total membership C. Rajya Sabha by a simple majority of its total membership D. Rajya Sabha by a simple majority of not less than two-thirds of its members present and voting Answer: D |
