Question

Explain any two characteristics of the distribution of powers between the Centre and States in India.

Hint:

The distribution of powers between the Centre and States is designed to balance unity and autonomy , where the Union List ensures national governance, and the State List preserves state autonomy.

Answer 1

The distribution of powers between the Centre and the States in India is a fundamental feature of its federal structure . This distribution is primarily defined in the Constitution of India , and the relationship between the two levels of government is designed to balance autonomy with unity. The powers and functions of the Centre and the States are enumerated in the Union List , State List , and Concurrent List under the Seventh Schedule of the Constitution.
Here are two important characteristics of the distribution of powers between the Centre and the States in India:

1. Division of Powers through Three Lists (Union, State, and Concurrent Lists):

The Constitution of India divides powers and responsibilities between the Centre and the States through three distinct lists:
- Union List: This list contains subjects on which only the Central Government can legislate. These are issues of national importance, such as defence , foreign affairs , currency , railways , communications , etc. The Central Government has exclusive legislative authority over these subjects.
- State List: This list contains subjects on which only the State Governments can legislate. These are areas concerning state-specific issues , such as police , public health , education , agriculture , local governance , etc. The State Governments have exclusive legislative authority over these subjects.
- Concurrent List: The subjects in this list can be legislated upon by both the Centre and the States . These subjects are of joint interest , such as criminal law , marriage and divorce , bankruptcy , trade unions , etc. In case of a conflict between the laws made by the Centre and the States on the same subject, the Central law prevails .
This system ensures that both levels of government have specific areas of responsibility, and they can function autonomously within their respective domains while also collaborating on common matters.

2. Supremacy of the Union Government in Case of Conflict:

One important characteristic of the distribution of powers in India is the supremacy of the Union Government in the case of conflict between the Centre and the States. While the States have considerable autonomy in matters under the State List , the Union Government holds significant power over certain critical areas. The Constitution ensures that in case of any conflict between laws enacted by the Centre and those by the States, the law made by the Central Government prevails .
This principle is particularly evident in the following scenarios:
- Residuary Powers : The Constitution gives the Union Government residuary powers , meaning that any subject that is not included in any of the three lists (Union, State, or Concurrent) falls under the domain of the Centre. This allows the Union to legislate on any matter not explicitly mentioned in the lists.
- National Emergency : In the event of a national emergency (Article 352), the Centre gains extraordinary powers to override State laws and take control of State functions. During such an emergency, the Centre can direct the States on the implementation of laws, and State governments may be dissolved or suspended.
- Dispute Resolution : The Constitution provides mechanisms to resolve disputes between the Centre and States, such as the Inter-State Council and the Supreme Court of India , which plays an important role in interpreting the Constitution and ensuring the maintenance of the federal balance .
Therefore, the Centre is vested with supremacy in areas of national importance, and in cases of conflicting laws or issues, it has the ultimate authority.