Seventh Schedule of the Indian Constitution: Union, State & Concurrent Lists

Introduction

The Constitution of India is an impressive constitution of the country that reflects the distribution of powers between the government of the union with the governments of the States. The Seventh Schedule is one of the most pertinent elements that constitute this federal system since it includes the outline of the legislative functions division. The Seventh Schedule divides the subjects into three lists, namely the Union List, the State List, and the Concurrent List which creates certainty in terms of responsibilities of law-making. This knowledge of division is crucially important in governance and in formulating policies as well as in interpreting the law.

The 7th schedule of Indian Constitution is among most critical issues in the UPSC IAS exam.

 It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus. It also comes under General Studies Paper I of the UPSC Prelims Syllabus of the UPSC Exam.

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Origins of the Seventh Schedule Headings in the Government of India Act, 1935 the saga of which may be traced to the Government of India Act, 1935, which provided for a three-fold separation of subjects of legislation into:

• Federal List
• Provincial List
• Concurrent List

This framework was adopted and adapted by the Constitution of India in 1950. While drafting the Constitution, the Constituent Assembly recognised India’s unique requirements – such as diversity, unity, and developmental disparities. Thus, the Seventh Schedule was incorporated to achieve a functional balance between centralised authority and state autonomy.

India is a quasi-federal country with a unitary inclination, which is in contrast to classical federations like the USA, in that the Centre can constitutionally intervene in individual States in particular situations. This became quite pertinent during the post-Independence times when national integrity was paramount.

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Constitutional Basis: Article 246

Article 246 of the Indian Constitution defines the legislative jurisdiction of the Union and State legislatures over the subjects listed in the Seventh Schedule:

• Clause (1): Parliament has exclusive power to legislate on subjects in the Union List.
• Clause (2): Both Parliament and State Legislatures can make laws on subjects in the Concurrent List.
• Clause (3): State Legislatures have exclusive power over subjects in the State List.
• Clause (4): Parliament can legislate for Union Territories even on State List matters.

This hierarchical structure implies that in case of overlapping jurisdiction, Union List > Concurrent List > State List. Moreover, the Parliament's power is dominant in case of any conflict.

Structure of the Seventh Schedule

The Seventh Schedule divides subjects into the following three lists:

1. Union List (List I)

The Union List includes national issues. It gives the Parliament authority to enact laws that will create uniformity throughout the country.

• There were 97 subjects originally, after amendments 100.
• It is concerned with state sovereignty, national defence, economics and international matters.

Examples: Defence; Atomic Energy; Foreign Affairs; Railways; Banking; Insurance; Citizenship; Interstate Trade; and Currency.

Significance:

Make sure that control of sensitive areas is centralised.

Keeps the nation together and intact.

Eases foreign policy and economic control.

2. State List (List II)

The State List contains subjects of local and regional importance, enabling State Legislatures to cater to the needs of their populations.

• Initially contained 66 subjects, now reduced to 61.
• Focus on public health, law and order, and agriculture.

Examples: Police, Public Order, Local Government, Public Health, Land, Agriculture, Fisheries, Betting and Gambling.

Significance:

• Empowers states to self-govern.
• Encourages regional diversity in legislation.
• Reflects the principle of decentralization and local governance.

Exceptions When Parliament Can Legislate on State List Subjects:

1. During National Emergency (Article 250).
2. Rajya Sabha Resolution (Article 249) with 2/3 majority.
3. States' Consent (Article 252) by two or more States.
4. International Agreements (Article 253).

3. Concurrent List (List III)

The Concurrent List includes subjects where both Union and State Governments can legislate.

• Initially had 47 subjects, now around 52.
• Aims to foster cooperative legislation and balance.

Examples: Criminal Law, Marriage and Divorce, Education, Forests, Economic and Social Planning, Trade Unions, Bankruptcy.

Significance:

• Promotes uniformity with flexibility.
• Encourages coordination between Centre and States.
• Balances local autonomy with national interest.

Conflict Resolution: If a law made by a State Legislature on a Concurrent List subject contradicts a law made by Parliament, the central law prevails, unless the State law has received Presidential assent (Article 254).

Residuary Powers: Article 248

The Constitution allows the Union Parliament to legislate on subjects not mentioned in any of the three lists. These are called residuary subjects, and the power lies exclusively with the Centre.

Examples: Cyber laws, space exploration, digital currencies, artificial intelligence.

This provision reinforces the unitary bias of the Constitution and enables the Centre to respond to new and emerging domains.

Important Constitutional Provisions Related to Legislative Lists

Major Amendments Affecting the Seventh Schedule

1. 42nd Amendment Act, 1976

• Shifted five key subjects from State List to Concurrent List:
  • Education
  • Forests
  • Weights and Measures
  • Administration of Justice
  • Protection of Wild Animals and Birds

Impact:

• Increased Centre's legislative powers.
• Sparked debate over erosion of State autonomy.

2. 101st Amendment Act, 2016 (GST)

• Introduced Goods and Services Tax (GST).
• Added Article 246A for concurrent taxation powers.
• Removed entries related to sales tax from State List.

Impact:

• Created a unified tax regime.
• Reduced fiscal independence of States.
• Institutionalised GST Council for cooperative fiscal federalism.

Landmark Supreme Court Cases

1. State of West Bengal v. Union of India (1962)

• Upheld Centre’s power to acquire property of states.
• Reiterated Parliament's supremacy.

2. Union of India v. H.S. Dhillon (1972)

• Validated Parliament’s residuary power.
• Supported broad interpretation of Union List subjects.

3. S.R. Bommai v. Union of India (1994)

• Emphasized federalism as part of the basic structure.
• Prevented arbitrary dismissal of state governments.

4. State of Karnataka v. Union of India (1977)

• Asserted need for mutual respect between Centre and States.

Challenges in the Current Framework

1. Centralization of Powers

• Parliament can override State legislation frequently.
• Creates imbalance in Centre-State relations.

2. Obsolete and Overlapping Subjects

• Certain subjects no longer relevant (e.g., telegrams).
• Some entries are ambiguous, leading to conflicts.

3. Fiscal Dependence of States

• States rely heavily on Union for financial resources.
• GST has further limited independent revenue collection.

Way Forward

1. Dynamic Revision of Lists

• Need for periodic updating to reflect modern governance.
• Include emerging areas like digital privacy and cyber security.

2. Strengthen Cooperative Federalism

• Promote intergovernmental dialogues via NITI Aayog and Inter-State Council.
• Encourage states' participation in national policy formulation.

3. Empower State Legislatures

• Decentralize more subjects to States.
• Enhance financial autonomy through increased grants and taxation authority.

4. Establish Independent Conflict Resolution Mechanisms

• Set up federal dispute resolution forums to handle overlapping jurisdictions.

Relevance for UPSC Examination

Prelims Focus:

• Articles related to Seventh Schedule.
• Number and examples of subjects under each list.

Mains Focus:

• Federalism vs. Unitarism (GS Paper II).
• Role of Judiciary in Centre-State relations.
• Impact of GST on fiscal federalism.
• Case studies on overlapping legislative powers.

Conclusion

The 7 th Schedule is the linch-pin of the federal structure of India. It offers the legal rationale foundation of the division of legislative task between the Centre and the States so that India can act as the united but yet heterogeneous polity. Nevertheless, the changing economic, social, and technological environments require flexibility and occasional review of this division.

The Seventh Schedule is not merely a matter of importance to the UPSC aspirant, it is indeed an introduction to the interactive facets of the law, the administration and the federal system in India. This is because the realization of its complexities is a solid base of answering questions on both the Prelims and the Mains examinations.

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