— Kannan K

(The Indian Express has launched a new series of articles for UPSC aspirants written by seasoned writers and scholars on issues and concepts spanning History, Polity, International Relations, Art, Culture and Heritage, Environment, Geography, Science and Technology, and so on. Read and reflect with subject experts and boost your chance of cracking the much-coveted UPSC CSE. In the following article, Kannan K reflects on India’s federal system and the three lists on the Constitution Day.)

The drafting of the Indian Constitution by the Constituent Assembly marked a historic milestone in India’s journey as an independent nation, culminating in its adoption on 26  November 1949 (it came into effect on 26 January 1950). This landmark occasion is annually celebrated as Constitution Day, also known as the National Law Day. 

This day is an apt moment to reflect on one of the most defining features of the Indian Constitution — its federal structure – as articulated through the division of powers in the Seventh Schedule, comprising the Union List, the State List, and the Concurrent List.

As former Chief Justice of India, Justice DY Chandrachud underlined that Indian federalism represents a deliberate constitutional choice by the framers aimed at balancing unity and diversity, decentralisation, and democratic decision-making. This framework promotes self-rule while also ensuring shared governance. 

India is often called a ‘quasi-federal’ republic as it has synthesised the characteristics of both federal and unitary systems. This system has been designed to accommodate the country’s socio-cultural and political diversity. While India has adopted a federal structure that divides power between the central/federal government and its member states, its Constitution also incorporates unitary features, allowing for flexibility in governance.

Thus, some of the major federal features put in place by the framers of the Constitution include:

— Dual polity: With the Union government at the center and state governments at the periphery, India has a dual governance system.

— Constitutional supremacy: All laws enacted by legislatures at various levels must conform to the provisions of the Constitution.

— Rigid amendment procedures: The Constitution of India protects its federal structure by adopting rigid procedures for amendments that can affect the balance of power between the Union and the states and often require approval by both the centre and states.   

— Division of power: Most importantly, its transparent system of division of powers between central and state governments is enshrined in the Seventh Schedule of the Constitution, which classifies subjects into three lists, i.e. Union List, State List and Concurrent List.

The Constituent Assembly provided a robust mechanism to ensure a clear division of powers between the centre and the states through the Union and State lists. 

Union List: Subjects belonging to the Union List exclusively fall under the legislative authority of Parliament, and examples include defence and foreign affairs. 

State List: A list of subjects that come under the authority of state legislatures, and some examples of the subjects include police, public health, and agriculture. 

Concurrent List: The Concurrent List was inspired by the Australian Constitution. The list enumerates subjects on which both the Union and state governments can legislate, with Union laws prevailing in the event of a conflict. Examples of subjects under the Concurrent List include education and marriage.

This tripartite division helps the Indian republic strike the right balance between national integrity and regional autonomy and protect the various sociocultural identities and diversity intrinsic to the Indian panorama. 

Moreover, this pragmatic system establishes a system of cooperative federalism such that the union government and state governments work as partners for development and greater public welfare. They also ensure that there is no concentration of power at any level of government. Alteration to the Seventh Schedule requires a special majority of parliament and in some cases ratification by half the state legislatures.

Over time, modifications to the three lists outlined in the Seventh Schedule of the Indian Constitution have been undertaken to address the evolving governance needs and public policy priorities. At the time of its adoption, the Constitution allocated 98 subjects to the Union List, 66 to the State List, and 47 to the Concurrent List. 

Currently, the numbers stand at 100 subjects in the Union List, 59 in the State List, and 52 in the Concurrent List, reflecting the significant shifts over the decades. Among these changes, the 42nd Amendment Act of 1976 – often referred to as the “mini-Constitution” due to the extensive revisions it made – introduced the most substantial changes to the Seventh Schedule. 

This amendment transferred key subjects such as education, forests, protection of wild animals and birds, and administration of justice from the State List to the Concurrent List. These amendments, particularly the centralising shifts embodied in the 42nd Amendment, reflect a broader trend toward increased centralisation within India’s federal structure. 

While such changes aim to address national priorities and foster uniformity in critical areas, they also underscore the evolving balance of power between the Union and the states as the nation adapts to new challenges and complexities. 

The shifting of education to the Concurrent List helped ensure uniformity in educational standards across the country. It enabled the Union government to introduce national policies like the Right to Education Act, 2009 and the National Education Policy, while allowing states to address region-specific educational needs.

Similarly, the Constitution granted states exclusive control over forest management and conservation. However, the 42nd Amendment moved forests to the Concurrent List in view of the growing concerns about environmental degradation, deforestation, and the global importance of biodiversity. This shift enabled the Union government to enact legislation such as the Forest Conservation Act, 1980, which restricted the use of forest land for non-forest purposes (such as for infrastructure and industry). 

While such changes strengthened India’s ability to implement national conservation policies and meet international environmental commitments, they also led to tensions as several states criticised these laws as restrictive, particularly in situations where forest lands are required for infrastructure or industrial development. Nevertheless, the transfer of the subjects from one list to the other highlights the dynamic nature of India’s federal structure, balancing national priorities with regional autonomy and continuing to shape the discourse on cooperative federalism. 

The division of powers articulated in the three lists of the Seventh Schedule of the Constitution exemplifies its adaptability, effectively balancing centralisation and regional autonomy to meet the nation’s governance needs. By institutionalising cooperative federalism, this framework facilitates collaboration between the Union and states, enabling the pursuit of national priorities alongside regional aspirations while upholding India’s democratic ethos and fostering unity in diversity. 

Justice DY Chandrachud also noted how new challenges such as “climate change, artificial intelligence and cybercrime transcend territorial boundaries which form the basis of federal units.” The Indian federal structure, with its dynamic allocation of powers, can address these challenges through collaborative efforts between the states and the centre. Thus, India’s federal system stands tall as a testament to the vision and foresight of the framers of the Constitution on the 75th anniversary of the adoption of the Constitution.

What are three lists in the Seventh Schedule of the Indian Constitution, and how do they shape the federal structure of governance?

What is the significance of the tripartite division of powers in the Indian Constitution?

The shift of subjects from the State List to the Concurrent List exemplifies the evolving relationship between central and state governments. Evaluate with examples. 

In what ways does India’s federal system reflect the foresight of the framers of the Constitution, especially on its 75th anniversary?

How has the dynamic allocation of powers between the Union and states enabled India to adapt to modern challenges such as climate change, artificial intelligence, and cybercrime?

(Kannan K is a Doctoral candidate in Political Science at the Centre for Economic and Social  Studies, Hyderabad.) 

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