FEDERALISM

Federalism refers to the division of powers between the central and state governments. The Indian Constitution establishes a quasi-federal structure, often described as a federation with a unitary bias.

  1. Division of Powers:
  • The powers are divided between the Union and State governments through three lists: Union List, State List, and Concurrent List (Schedule VII).
  • The Union List consists of subjects on which only the Centre can legislate (e.g., defence, foreign affairs).
  • The State List contains subjects on which only States can legislate (e.g., police, agriculture).
  • The Concurrent List allows both the Centre and States to legislate (e.g., education, criminal law).
  1. Residuary Powers:
  • Any subject not mentioned in any of the lists comes under the residuary powers of the Centre.
  1. Role of Judiciary:
  • The Supreme Court resolves disputes between the Centre and the States, ensuring a balance of power.
  1. Cooperative Federalism:
  • India’s federal structure promotes cooperative federalism, where both the Centre and States work together to address issues like economic development and national security.

Key Terms

  • Union List: Subjects on which only the Centre can legislate (e.g., defence, foreign affairs).
  • State List: Subjects on which only state governments can legislate (e.g., police, public health).
  • Concurrent List: Subjects on which both the Centre and States can legislate (e.g., education).
  • Residuary Powers: Powers not mentioned in any of the lists, vested in the Centre.
  • Supremacy of Constitution: The Constitution is the highest law, overriding state and central laws.
  • Cooperative Federalism: A system where the Centre and States work together on national issues.

Review Questions

  1. How does the Indian Constitution ensure a balance between federal and unitary principles?
  2. What is the significance of the Union, State, and Concurrent Lists in India’s federal structure?
  3. Explain the concept of residuary powers in the context of Indian federalism.
  4. What role does the Supreme Court play in resolving disputes between the Centre and States?
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