The Constitution of India, as the supreme law of the land, provides a framework for the functioning of the country. One of the key features of the Indian Constitution is the federal structure, which divides the powers and responsibilities between the Union (Central) government and the State governments. The Seventh Schedule is a crucial part of this federal structure, as it clearly demarcates the powers and responsibilities of the Union and the States. In this blog, we will take a deep dive into the Seventh Schedule and understand its significance and relevance in the functioning of India’s constitutional machinery
Background and Significance of the Seventh Schedule
The Seventh Schedule of the Indian Constitution was created to ensure a clear and efficient distribution of powers between the Union and the States, to avoid conflicts and overlap of responsibilities. The concept of the Seventh Schedule was derived from the Government of India Act, 1935, which was the last pre-independence constitution of the British Indian Empire. The Schedule encompasses three lists – the Union List, the State List, and the Concurrent List – that provide for specific areas of governance for the Union and State governments
The Union List (List I)
The Union List comprises 97 items that fall under the exclusive legislative and executive domain of the Union government. These items include subjects of national importance, such as defense, foreign affairs, atomic energy, and currency. The primary objective of having a Union List is to ensure a unified approach towards subjects that require a comprehensive and uniform policy at the national level.
The State List (List II)
The State List consists of 66 items, which are primarily under the jurisdiction of the State governments. These items include subjects like police, public health, agriculture, and local government. The State List is crucial for accommodating regional diversity and allowing the States to address local issues according to their unique circumstances.
The Concurrent List (List III)
The Concurrent List features 47 items, on which both the Union and State governments can legislate. These items include subjects like criminal law, bankruptcy, marriage and divorce, and bankruptcy. In case of any conflict between the Union and State laws on subjects mentioned in the Concurrent List, the Union law prevails.
The Residuary Powers
Apart from the three lists, the Constitution also provides for residuary powers. These powers encompass any subject that is not explicitly mentioned in any of the three lists. The residuary powers are vested with the Union government, as mentioned in Article 248 of the Constitution of India
Amendments and Adaptations
Over the years, the Seventh Schedule has undergone numerous amendments to accommodate the changing needs and priorities of the nation. These amendments have involved the addition, deletion, or modification of subjects in the lists to ensure a more efficient distribution of powers and responsibilities. It can be amended as provided under Article 368 of Constitution. It requires special majority of the Parliament (majority of the total membership of the House and by a majority of not less than two-thirds of the members of the House present and voting) and also the consent of half of the state legislatures by a simple majority.
Rationale for emphasis on Strong centre in Indian Federal Setup
- The Partition Episode: There was an imminent need for a strong Centre and the choice was made in light of partition to secure the unity of India against separatists tendencies in the future.
- The Princely States problem: The princely states accounted for 40% of the territory and 30% of the overall population of the sub-continent and merging them all, into a single entity needs a Strong Centre.
- To enable balanced growth: At the time of independence, India was among the poorest nations in the world, which prompted the need for the collective utilization of the country’s resources.
- The diversity of the country: As per the Constituent Assembly, the diverse nature of the country needed a common approach in many aspects to unify the regions better.
- National security and defense: A strong center is necessary to ensure that the country’s borders are secure and that the armed forces are able to defend the nation against external threats.
Concerns with the current seventh schedule
- Unachieved Balance of Growth: While the Centre was made powerful to make the required balance in development of states, there is a clear demarcation existing between states in terms of growth and human indicators even after 75 years of independence.
- Demotes cultural autonomy of the states: The Unity in diversity was hailed as a distinct feature of the country, several states have claimed that their unique features and traditions are at stake, due to excessive interference from the centre.
- Misplaced entries in the list: Several entries were transferred from the States list to the concurrent list like Education and are yet to be provide a significant reason for its transfer and the States continue to be the sole provider of the Primary and Secondary education in most cases.
- Union legislations on State subjects: The Union Government has made many legislations like The Mahatma Gandhi
- National Rural Employment Guarantee Act, 2005, National Food Security Act, 2013, Gram Nyayalayas Act, 2008 etc..
- which have references to entries in the states list.
Way Forward
- As per the Sarkaria Commission’s recommendations:
– Residuary powers should be transferred to concurrent list than with Centre.
– States should be consulted before the union government exercises powers under the concurrent list.
– When making laws on concurrent subjects, the union should legislate with a light touch i.e. as is necessary to ensure uniformity in basic issues of national policy, while leaving the details for state governments. - Consultation with states through Inter-State Council: As per the Venkatachaliah Commission’s recommendation, individual and collective consultation with the states should be undertaken through the Inter-State Council over legislations in Concurrent lists.
- Reinvigoration of forums for consultation: Forums for consultation between union and state governments like the Zonal Councils need to be reinvigorated and be used as a podium for effective discussion.
Conclusion
The Seventh Schedule of the Indian Constitution serves as the backbone of India’s federal structure, ensuring a smooth and efficient distribution of powers between the Union and State governments. It is a testament to the foresight of the Constitution’s architects and their understanding of the need for a clear demarcation of responsibilities to prevent conflicts and ensure the smooth functioning of the nation. As India continues to evolve, the Seventh Schedule will adapt to meet the changing needs of the nation, further strengthening the federal structure of the country.