Quick Answer: What is Federalism in India and How Are Powers Divided?

Federalism in India: Division of Powers and Seventh Schedule Explained Simply

Quick Answer: Article 1 declares India a “Union of States,” and the Constitution divides law-making powers between the Union and the States through the Seventh Schedule, which contains three Lists — the Union List (List I, 100 entries), the State List (List II, 61 entries) and the Concurrent List (List III, 52 entries). Article 246 assigns these lists to Parliament and State Legislatures respectively, while Article 248 vests residuary powers in the Centre — making India federal with a distinct unitary bias.

Article 1 and the ‘Union of States’: Why India is Federal with a Unitary Bias

Article 1 of the Constitution states: “India, that is Bharat, shall be a Union of States.” Dr. B.R. Ambedkar deliberately chose the phrase “Union of States” over “Federation of States” for two reasons:

• The Indian Federation is not the result of an agreement among pre-existing sovereign units — unlike the USA, where independent states came together by compact.
• No State has the right to secede from the Union. The country is an indivisible whole, and the Federation is a destroying-and-rebuilding-proof structure created by the Constitution itself.

In the Constituent Assembly, Ambedkar explained that the term “Union” was preferred because it was “indestructible” — the Union could be altered by Parliament (through boundary changes under Articles 2–4) without state consent, but the Union itself could not be broken. This design gives India what political scientists call a quasi-federal structure: federal in form (dual polity, division of powers, written Constitution, independent judiciary) but unitary in spirit (strong Centre, Emergency provisions, single citizenship, integrated judiciary). K.C. Wheare famously described the Indian Constitution as “quasi-federal,” while Granville Austin called it “cooperative federalism.”

The Seventh Schedule: Constitutional Basis of Division of Powers

The Seventh Schedule is the operational heart of Indian federalism. Three articles work together:

• Article 245: Defines the territorial extent of laws made by Parliament and State Legislatures.
• Article 246: Distributes legislative competence — Parliament can legislate on List I (Union) and List III (Concurrent); State Legislatures on List II (State) and List III; on List III, State power is subject to Parliament’s.
• Article 248: vests residuary powers (including taxation on residuary subjects) in Parliament.

The three Lists attached to the Seventh Schedule — List I (Union List), List II (State List) and List III (Concurrent List) — enumerate the subjects over which each level of government can make laws. Read the full text on the Government of India’s official Constitution page and analysis on the Ministry of Law’s legislative portal.

List I – Union List: Subjects and Key Examples

The Union List originally had 97 entries; after additions and deletions it now contains 100 entries. Only Parliament can legislate on these subjects, which concern national interest and require uniformity across the country.

Key examples:

• Defence of India (Entry 1)
• Foreign affairs and diplomacy (Entries 10–14)
• Banking, currency, coinage and legal tender (Entries 36–45)
• Railways (Entry 22)
• Citizenship, naturalisation and aliens (Entry 17)
• Posts and telegraphs, telephones and wireless (Entry 31)
• Airways, shipping, major ports

Later additions include Entry 92A (taxes on the sale or purchase of goods in the course of inter-state trade or commerce) and Entry 2A (deployment of armed forces in any State in aid of civil power).

List II – State List: Subjects and Key Examples

The State List originally had 66 entries; the count now stands at 61 entries after some entries were transferred to the Concurrent List (42nd Amendment) or omitted. Normally, only State Legislatures can legislate on these subjects of local and regional importance.

Key examples:

• Public order and police (Entries 1–2)
• Public health and sanitation; hospitals and dispensaries (Entry 6)
• Agriculture (Entry 14)
• Land, rights over land, land revenue (Entries 18, 45)
• Local government (Entry 5)
• Liquor, fisheries, markets and fairs, theatres

Note the exceptions: under Articles 249 (Rajya Sabha resolution in the national interest), 250 (National Emergency), 252 (consent of two or more States) and 253 (implementing international agreements), Parliament can legislate on State List subjects.

List III – Concurrent List: Subjects and Key Examples

The Concurrent List originally had 47 entries; it now contains 52 entries. Both Parliament and State Legislatures can legislate, but a State law is subject to a Union law on the same subject.

Key examples:

• Criminal law and criminal procedure (Entries 1–2)
• Marriage and divorce; infants and minors (Entries 5–6)
• Education (Entry 11) — transferred from the State List
• Forests (Entry 17A) — transferred from the State List
• Trade unions; industrial and labour disputes (Entries 22, 23)
• Prevention of cruelty to animals (Entry 17B)

The 42nd Amendment Act, 1976 shifted five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice (constitution and organisation of all courts except the Supreme Court and High Courts). The Concurrent List was drawn partly from the Australian Constitution, the Union List from the US model, and the concept of a three-list scheme itself from the Government of India Act, 1935.

Conflicts Between Lists: When Union and State Laws Clash

Article 254 provides the doctrine of repugnancy for conflicts on Concurrent List subjects:

• General rule (Article 254(1)): If a State law is repugnant to a Union law on a Concurrent subject (or a matter in List I), the Union law prevails and the State law is void to the extent of the repugnancy.
• Exception (Article 254(2)): A State law prevails if it has been reserved for the President’s consideration and has received Presidential assent, and it does not conflict with an earlier Union law — though Parliament can still later override it.
• Partial repugnancy: A State law is void only to the extent of inconsistency, not in its entirety.

Landmark application: Zaverbhai R. Case (1954) and later M. Karunanidhi v. Union of India (1979) clarified that repugnancy arises only when there is actual, direct inconsistency, and that a later Presidential-assent State law can operate despite an earlier Union law.

Residuary Powers: Article 248 and Entry 97 of List I

What happens to subjects not mentioned in any of the three Lists? Unlike the USA — where the Tenth Amendment leaves residuary powers to the States — India vests them in the Union:

• Article 248(1): Parliament has exclusive power to make laws on any matter not enumerated in Lists II and III.
• Article 248(2): Includes the power to impose taxes on such matters.
• Entry 97 of List I: “Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.”

Modern example: cyber law. When computers and the internet emerged, no List mentioned them, so Parliament legislated the Information Technology Act, 2000 under its residuary powers. Earlier, service tax (before GST) was also levied under Entry 97.

Federalism vs Unitary Features: Is India Truly Federal?

Landmark Cases and Amendments Every Aspirant Must Know

• State of West Bengal v. Union of India (1963): The Supreme Court held that the Indian Constitution is not truly federal; the Centre’s superiority over States in legislative and financial matters means the Union is “a destructive” force in state matters — States are not co-sovereign.
• Kesavananda Bharati v. State of Kerala (1973): Established the Basic Structure doctrine; federalism and the division of powers are part of the basic structure and cannot be destroyed even by constitutional amendment.
• 42nd Amendment Act, 1976: The most significant amendment for federal balance — transferred five subjects to the Concurrent List, and during Emergency-era centralisation, moved several High Court matters to the Union List (later partly reversed by the 44th Amendment, 1978).
• S.R. Bommai v. Union of India (1994): (Bonus for mains) Federalism reaffirmed as a basic feature; Article 356 President’s Rule made subject to judicial review.

Previous Year Questions: SSC and UPSC GS2 Exam-Style Practice

MCQ-style (SSC CGL / CHSL pattern):

1. Which Article of the Constitution divides legislative powers between the Union and the States? (Answer: Article 246, through the Seventh Schedule)
2. The Concurrent List currently contains how many entries? (Answer: 52)
3. Which subject was shifted from the State List to the Concurrent List by the 42nd Amendment? (Answer: Education — also forests, weights and measures, wildlife protection, administration of justice)
4. Residuary powers in India are vested in: (Answer: The Union/Parliament — Article 248, Entry 97, List I)

Mains-style (UPSC GS2):

1. “The Indian Constitution is federal in form but unitary in spirit.” Discuss with reference to the Seventh Schedule. (Similar to UPSC 2008)
2. Examine how the doctrine of repugnancy under Article 254 balances Union supremacy and State autonomy.
3. How do residuary powers under Article 248 enable the Centre to legislate on emerging subjects like cyberspace? Critically examine.

Quick Revision Table and Memory Tricks

Mnemonic — 42nd Amendment transfer (E-F-W-W-J): “Education, Forests, Weights, Wildlife, Justice — Everyone Fears Wide Wild Judgement.”

Mnemonic — List counts (100-61-52): “Union Stands Concurrent → 100, 61, 52″ (Union biggest, State shrinking, Concurrent growing — because federalism keeps tilting toward the Centre).

Frequently Asked Questions

Q: How many subjects are currently in the Union List?

Originally 97 entries, the Union List now has 100 entries after additions such as Entry 92A (taxes on inter-state trade or commerce) and Entry 2A (deployment of armed forces in any State in aid of civil power).

Q: Which subjects were moved from the State List to the Concurrent List by the 42nd Amendment?

Five subjects: education, forests, weights and measures, protection of wild animals and birds, and administration of justice (constitution and organisation of all courts other than the Supreme Court and High Courts).

Q: Under Article 254, whose law prevails in case of repugnancy on the Concurrent List?

The Union law prevails, and the State law becomes void to the extent of the repugnancy. However, a State law can prevail if it was reserved for the President and received Presidential assent — though Parliament may still later enact a law to override it.

Q: What are residuary powers and who exercises them in India?

Residuary powers are law-making powers over subjects not enumerated in any of the three Lists. In India they are vested in the Union/Parliament under Article 248 read with Entry 97 of List I — for example, cyber law under the IT Act, 2000.

Q: Is India a true federation?

No — India is quasi-federal. It has federal features (dual polity, written Constitution, division of powers, independent judiciary) alongside a unitary bias (strong Centre, Emergency powers, single citizenship, All-India Services, Governor). The Supreme Court itself said in State of West Bengal v. Union of India (1963) that the Constitution is not truly federal.

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