What is Division of Powers?
Historical Background
Key Points
12 points- 1.
The Union List contains 98 subjects (originally 97) on which the Parliament has exclusive power to make laws. These include defense, foreign affairs, banking, currency, and communications.
- 2.
The State List contains 59 subjects (originally 66) on which the state legislatures have exclusive power to make laws. These include public order, police, local government, public health, and agriculture.
- 3.
The Concurrent List contains 52 subjects (originally 47) on which both the Parliament and the state legislatures can make laws. These include criminal law, civil procedure, marriage and divorce, economic and social planning, and education.
- 4.
In case of a conflict between a law made by the Parliament and a law made by a state legislature on a subject in the Concurrent List, the law made by the Parliament prevails. This is based on the principle of parliamentary supremacy.
- 5.
Article 246 of the Constitution deals with the subject matter of laws made by Parliament and by the Legislatures of States.
- 6.
Article 248 gives the Union government residuary powers of legislation. This means that the Parliament has the power to make laws on any subject that is not enumerated in the State List or the Concurrent List.
- 7.
The Parliament can make laws on any subject in the State List if the Rajya Sabha passes a resolution by a two-thirds majority declaring that it is necessary or expedient in the national interest. This is provided under Article 249.
- 8.
During a national emergency, the Parliament can make laws on any subject in the State List. This provision is outlined in Article 250.
- 9.
The division of powers is not absolute. The Union government has the power to issue directions to the state governments in certain matters, such as the implementation of central laws and policies.
- 10.
The Finance Commission, constituted every five years, recommends the principles governing the distribution of tax revenues between the Union and the States, ensuring fiscal federalism.
- 11.
The Goods and Services Tax (GST) is a significant example of cooperative federalism, where the Union and the States have pooled their sovereignty to levy a uniform tax across the country.
- 12.
The Seventh Schedule of the Constitution contains the three lists (Union, State, and Concurrent) that specify the division of powers.
Visual Insights
Division of Powers: Union List vs. State List vs. Concurrent List
This table compares the Union List, State List, and Concurrent List, outlining their key features and subjects.
| Union List | State List | Concurrent List |
|---|---|---|
| Contains 98 subjects (originally 97) on which the Parliament has exclusive power to make laws. | Contains 59 subjects (originally 66) on which the state legislatures have exclusive power to make laws. | Contains 52 subjects (originally 47) on which both the Parliament and the state legislatures can make laws. |
| Includes defense, foreign affairs, banking, currency, and communications. | Includes public order, police, local government, public health, and agriculture. | Includes criminal law, civil procedure, marriage and divorce, economic and social planning, and education. |
| Parliamentary supremacy: In case of conflict, the law made by the Parliament prevails. | State legislatures have exclusive power within their domain. | In case of conflict, the law made by the Parliament prevails. |
Recent Developments
7 developmentsOngoing debates about the allocation of resources and revenue between the Union and the States, particularly concerning GST compensation, continue in 2024.
Several states have been advocating for greater autonomy in fiscal matters and legislative powers, leading to discussions on revisiting the existing framework of the Division of Powers.
The increasing role of the Union government in areas traditionally under the State List, such as education and health, has raised concerns about the erosion of state autonomy.
The Supreme Court's interpretation of the Division of Powers in various cases, such as those related to environmental regulations and disaster management, continues to shape the understanding of federal relations.
The establishment and functioning of the Inter-State Council, as provided under Article 263, remains a crucial mechanism for fostering cooperation and resolving disputes between the Union and the States.
The COVID-19 pandemic highlighted the importance of coordination between the Union and the States, but also exposed challenges in the existing framework of the Division of Powers, particularly in areas like healthcare and disaster management.
The use of centrally sponsored schemes and their impact on state finances and autonomy is a recurring point of contention between the Union and the States.
This Concept in News
1 topicsFrequently Asked Questions
121. What is the Division of Powers and its constitutional basis in India?
The Division of Powers is the distribution of governmental authority and responsibilities between the central (Union) government and the state governments. This division is designed to prevent over-centralization and ensure governance is responsive to local needs. Article 1 declares India as a Union of States, and Part XI (Articles 245-263) along with the Seventh Schedule, outlines this division.
Exam Tip
Remember Article 1, Part XI, and the Seventh Schedule are key for understanding the constitutional basis.
2. What are the key provisions related to the Division of Powers in the Indian Constitution?
The key provisions are defined by the three lists: the Union List, the State List, and the Concurrent List. Article 246 deals with the subject matter of laws made by the Parliament and the Legislatures of States. In case of conflict on a subject in the Concurrent List, the law made by the Parliament prevails.
- •Union List: Parliament has exclusive power to make laws (98 subjects).
- •State List: State legislatures have exclusive power to make laws (59 subjects).
- •Concurrent List: Both Parliament and state legislatures can make laws (52 subjects).
- •Parliamentary Supremacy: In case of conflict on Concurrent List, Parliament's law prevails.
Exam Tip
Focus on the number of subjects in each list and the concept of parliamentary supremacy.
3. How does the Division of Powers work in practice in India?
In practice, the Division of Powers means that the Union government handles national issues like defense and foreign affairs, while state governments manage local issues like public order and health. The Concurrent List allows both to legislate on matters like education, but the Union law prevails in case of conflict. This often leads to debates about the balance of power.
4. What are the different types of lists under the Division of Powers?
There are three lists: the Union List, the State List, and the Concurrent List. The Union List contains subjects on which only the central government can make laws. The State List contains subjects on which only the state legislatures can make laws. The Concurrent List contains subjects on which both can make laws.
- •Union List: Exclusive power of Parliament.
- •State List: Exclusive power of State Legislatures.
- •Concurrent List: Power of both Parliament and State Legislatures.
5. What are the challenges in the implementation of the Division of Powers?
Challenges include ongoing debates about resource allocation (like GST compensation), states advocating for greater autonomy, and the Union government's increasing role in areas traditionally under the State List (like education and health), which raises concerns about the erosion of state autonomy.
6. How has the Division of Powers evolved over time in India?
The concept is rooted in the Government of India Act, 1935. After independence in 1947, the framers of the Indian Constitution adapted this model. Over time, there have been debates about the balance of power, with states seeking greater autonomy and the Union government sometimes expanding its influence.
7. What is the significance of the Division of Powers in Indian democracy?
The Division of Powers is crucial for maintaining federalism, preventing over-centralization of power, and ensuring that governance is responsive to local needs. It helps in accommodating the diverse regional interests within India's socio-political landscape.
8. What are some reforms that have been suggested for the Division of Powers?
Suggested reforms often include revisiting the existing framework to grant greater fiscal autonomy to states, clarifying the roles and responsibilities of the Union and the States in specific sectors, and strengthening mechanisms for inter-state coordination.
9. What are the important articles related to the Division of Powers?
Important articles include Article 1 (declaring India as a Union of States), Article 246 (dealing with the subject matter of laws made by Parliament and State Legislatures), and Articles 245-263 in Part XI (dealing with relations between the Union and the States).
Exam Tip
Focus on remembering these articles for direct questions in Prelims.
10. What are some common misconceptions about the Division of Powers?
A common misconception is that the State List is entirely independent of the Union government's influence. In reality, the Union government can legislate on subjects in the State List under certain circumstances, such as during a national emergency or with the consent of the states.
11. What is frequently asked about the Division of Powers in the UPSC exam?
Frequently asked aspects include the legislative competence of the Union and the States, the subjects in each list (Union, State, Concurrent), the concept of parliamentary supremacy, and recent developments related to center-state relations and fiscal federalism.
Exam Tip
Pay attention to recent developments and debates related to center-state relations.
12. How does India's Division of Powers compare with other countries?
India's model is unique due to its historical context and the specific provisions in its Constitution. While many federal countries have a division of powers, the details of the lists and the extent of central government intervention vary significantly. The Indian model leans towards a stronger center compared to some other federations.