Bhavya Gautam, 5th year/9th semester law student from RNB Global University. Read More
Abstract
The Seventh Schedule of the Indian Constitution outlines the division of legislative powers between the Union and State governments through three distinct lists:
- The Union List,
- State List, and
- Concurrent List
As per Article 246. The Union List grants exclusive powers to the Parliament, especially for matters of national importance. The State List contains subjects primarily managed by State Legislatures, while the Concurrent List includes matters that both the Union and State governments can legislate on, with Union law prevailing in case of conflict.
Keywords- 1) Seventh Schedule 2) Indian Constitution 3) Union List 4) State List 5) Concurrent List 6) Legislative Powers 7) Article 246
Introduction
The 7th schedule of the Indian constitution is the schedule that determines the distribution of legislative power between the central government and state governments on the matters mentioned in three lists – the union list, the state list, and the concurrent list. According to article 246 of the constitution, the 7th schedule divides the powers between the parliament and the state legislatures. The majority of the subjects are addressed by the union list. As a result, it has more authority. In comparison, there are fewer subjects on the state list and they are often neglected by the state. The concurrent list is jointly managed by both the union and state governments.
The constitution, however, gives parliament the upper hand when it comes to contemporary list items in the event of a conflict. This article will provide information on the 7th schedule of the Indian constitution and the subjects that fall under both the union and concurrent list. [1]
About the Seventh Schedule of Indian Constitution
The constitution of India, the supreme law that governs the country, comprises several articles that address the distribution of powers between the central government and the state government. The 7th schedule of the Indian constitution outlines the division of powers and responsibilities between the central government and individual states.
Article 246, which falls under the 7th schedule of the Indian constitution, is a significant article. This article outlines the specific powers and responsibilities of the union and the state within the legislative framework. The 7th schedule of the Indian constitution includes a list of 59 subjects (originally 66) that are reserved for the states.
Article 246 categorizes the laws created by the parliament and the state legislature into three distinct lists. They are:.
- List (I) – Union
- List (II) – State
- List (III) – Concurrent
To make changes to the 7th schedule of the Indian constitution, a majority of the parliament and approval from half of the state legislatures, with a simple majority, is necessary. Let us delve into the significant topics covered under each list, one by one. Take a look at the articles on equality 14 to 18 to gain a better understanding of the right to equality.
Union List of Seventh Schedule
The union list comprises subjects that are of utmost significance to the nation and are most effectively managed by the central government. The central government has sole authority to make laws regarding these matters. This implies that only the central government has the authority to create laws pertaining to these matters. The state governments are not allowed to create laws regarding these matters. The following are the characteristics of the union list as per the 7th schedule of the Indian constitution.
- The central government or the union government has the authority to make laws on all the subjects mentioned under the union list in the Indian constitution.
- The union list is considered stronger and more powerful as it has more subjects than the state list, it has many important subjects apart from those mentioned in the concurrent list.
- All the issues or subjects related to the nation’s security, the nation’s welfare, and the uniform legislation throughout the country are secured by India’s constitution and included in the union list.
- The union list is always considered dominant to the state list, and it is taken care of by the constitution of India in case any subject overlaps with each other the decision reached by the union will hold true.
- It is possible for the parliament to confer power and impose duties upon a state through the law made on a subject of the union list or to authorize the center to confirm power and impose duties on a state.
- The union listing has 15 specific subjects on which the Parliament can exercising electricity to levy taxes.
- A brand new subject named taxes on offerings became introduced to the union listing by means of the 88th change.
- The Parliament has got the electricity to enlarge the jurisdiction and powers of the ideally suited courtroom concerning the subjects subjected to the union list.[2]
M. D. Chamarbaugwalla vs. Union of India (1957)
- Historical past: this situation revolved across the legislative competence of Parliament underneath the Union listing. the issue was whether or not Parliament ought to regulate gambling via the Prize Competitions Act, 1955, beneath the “having a bet and gambling” entry within the country listing.
- Judgment: The Supreme court ruled that the situation of playing will be broadly interpreted, permitting Parliament to legislate on sure factors that might impact countrywide interest. The court identified the ability wished in deciphering the Union list entries, mainly whilst troubles may want to have an effect on the complete country.
- Significance : The ruling underscored the huge powers of the Union government to legislate on matters inside the Union list, even if there may be overlaps with the state listing, emphasizing the importance of national interest.
State List of seventh schedule
The state list includes subjects that are of local importance and are which are best deal by state governments.
The state governments have special strength to legislate on these subjects. this means that only the state governments can make laws on those topics. The following are the features of the State list under the 7th schedule of Indian Constitution.
- The 42nd Amendment Act 1976 became made wherein 5 subjects had been descended from the state list to the concurrent list. These five subjects are the administration of justice, constitution, and organization of all the courts, except the Supreme court and the High court, Education, Forests, Protection of Birds and Wildlife, Weights, and Measures.
- Under the Indian constitution, most effective state legislatures can pass the legal guidelines on the subject indexed under the state.
- The challenge enumerated within the state listing can be legislated on with the aid of parliament within the national interest under Article 249.
- The parliament is also legal to overpower the law making of the nation list beneath 3 fundamental conditions, i.e., if the Rajya Sabha passes any resolution, on the imposition of article 250, i.e., the country wide emergency, If two or greater states bypass the decision, the parliament can legislate the subjects in the state lists.
State of West Bengal vs. Kesoram Industries Ltd. (2004)
- Historical past: The case dealt with the war between the nation’s power to impose taxes on lands and building (state list) and the Union’s power to impose taxes on earnings apart from agricultural income (Union listing). West Bengal imposed a cess on coal-bearing lands, leading to a dispute over whether this fell under the nation’s jurisdiction or encroached on Union territory.
- Judgment: The ideally suited courtroom upheld the nation’s right to levy the cess, declaring that it becomes a tax on land and not on income, hence falling inside the kingdom list’s purview.
- Significance: this situation is sizable for boosting nation autonomy in areas definitely demarcated beneath the nation listing, whilst also illustrating the delicate balance among state and central powers in a federal device.
Concurrent listing of seventh schedule
The Concurrent listing includes subjects which are of common place interest to each Centre and State governments.
Both the Union and State governments have the strength to legislate on those topics. However, in case of a conflict between a Union law and a state law on a topic within the Concurrent list, the Union regulation prevails. This means that the Union regulation will take precedence over the state law.
Each the union and the state manage the concurrent list. Mentioned are the features of the concurrent listing included underneath the 7th Schedule of the Indian Constitution
- 5 subjects had been added to the concurrent list after the 42nd amendment of 1976. Those 5 subjects are the management of justice, charter, and company of all the courts, besides the Supreme Court & High Court, education, Forests, protection of Birds and natural world, Weights, and Measures.
- The idea of a concurrent listing wasn’t at the beginning of India as it’s far adopted from the constitution of Australia.
- Because the vital and country governments are authorized to make legal guidelines on concurrent subjects, if any rules lessons between the state and Centre, then the regulation made by the significant authorities can overrule the legislation by way of the state authorities.
- The topics which are not very critical but on which uniformity of legislation is required are enlisted in the concurrent list.
- The Concurrent listing has 03 precise topics on which the Parliament and kingdom can exercise electricity to levy taxes.[3]
Karunanidhi vs. Union of India (1979)
- Historical Past: The case involved a war between the Tamil Nadu government’s law and a relevant regulation concerning the prevention of corruption. The important thing difficulty was whether the kingdom law was repugnant to the imperative regulation below the Concurrent list, especially given that the crucial law had acquired presidential assent.
- Judgment: The splendid courtroom ruled that after a country law is repugnant to a principal regulation on a Concurrent list difficulty, the principal law prevails. But, it clarified that repugnancy might best stand up if both legal guidelines had been in direct struggle and could not coexist.
- Significance: The judgment is vital in knowledge the application of Article 254, which governs conflicts among valuable and kingdom laws inside the Concurrent list. It additionally highlighted the importance of preserving a harmonious interpretation of legal guidelines to ensure cooperative federalism.
Issues with the 7th schedule
According to the seventh schedule of the Indian constitution, the Indian states should act autonomously, but, diverse provisions of the constitution favor the centralization of energy. Examples of such provisions are as follows:
- Whenever the regulation passed via the state legislature is repugnant to the legal central guidelines, the Parliamentary law prevails. (Article 254)
- The Parliament has conferred the proper to make legal guidelines associated with the residuary topics. (Article 248)
- In the national interest, the Parliament could make laws pertaining to the state subjects. (Article 249)
Several states were demanding to vest more powers at the nation by using restructuring the seventh schedule of the Indian constitution. In 1969, the Tamil Nadu authorities appointed the P.V. Rajamannar Committee to examine the center-country relations and recommended provisions for the state’s autonomy and federalism on the Centre.
Their desires to be extra clarity inside the interpretation of the jobs of the Union and State. One such instance is the imposition of a countrywide curfew by using the imperative authorities throughout the COVID pandemic. In view that health and public order came under the state list, the states invoked the Epidemic ailment act of 1897 and imposed a curfew. But, the Union authorities imposed a rustic-wide curfew with the aid of invoking the catastrophe management Act of 2005.
Conclusion
- Over the years, many constitutional amendments have led to adjustments in the seventh schedule. An item from the nation listing transferring to the concurrent listing, or an item from the concurrent list shifting to the Union listing, represents centralization.
- The 1976 change was a clean push in the direction of centralization. for this reason, amendments to the seventh time table when you consider that 1950 have bolstered centralization, and no longer neutralized that trend.
- The 1971 report of Rajamannar Committee, officially called Centre-State relations Inquiry Committee, placed it therefore: “The Committee is of the opinion that it is perfect to represent a high energy fee, along with eminent attorneys and jurists and elderly statesmen with administrative experience to study the entries of Lists I and III inside the 7th schedule to the constitution and suggest redistribution of the entries.
- Most people will agree India’s administrative and governance template wishes extra decentralization. The important point is set a re-examine the 7th schedule.
- Commissions that delved into Union-State relations have normally centered on other subjects (along with Article 356), treating the 7th schedule in passing. The 7th Schedule deserves unbiased scrutiny, asking questions on the basis of first principles.
Reference
https://byjus.com/free-ias-prep/7th-schedule-indian-constitution/
https://blog.ipleaders.in/7th-schedule-of-the-indian-constitution/
https://www.mea.gov.in/Images/pdf1/S7.pdf
https://tathastuics.com/article/indian-polity-seventh-schedule
[1] · Byjus, ‘7th Schedule of Indian Constitution’ https://byjus.com/free-ias-prep/7th-schedule-indian-constitution/ accessed [insert date].
[2] Unacademy, ‘Distribution of Legislative Powers Between the Union and the States’ https://unacademy.com/content/upsc/study-material/law/distribution-of-legislative-powers-between-the-union-and-the-states/ accessed.
[3] Tathastu, ‘Indian Polity: Seventh Schedule’ https://tathastuics.com/article/indian-polity-seventh-schedule accessed