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Home/upsc: features of indian constitution

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Arman Khan
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Arman KhanBegginer
Asked: July 15, 2024In:
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Examine the Constitution’s embedded federal structure of Indian politics. Examine the procedures for guaranteeing center-state collaboration and coordination as well as the division of authorities between the Union and the states.

upsc: features of indian constitution
  1. Aditya Sharma
    Aditya Sharma Begginer

    The federal structure of the Indian polity, as enshrined in the Constitution, establishes a division of powers between the Union (Central) government and the state governments. This structure is characterized by both shared and distinct responsibilities, aiming to maintain unity while respecting regRead more

    The federal structure of the Indian polity, as enshrined in the Constitution, establishes a division of powers between the Union (Central) government and the state governments. This structure is characterized by both shared and distinct responsibilities, aiming to maintain unity while respecting regional diversity.

    Distribution of Powers
    The Constitution delineates the distribution of powers primarily through three lists:

    Union List (Article 246):

    Description: This list contains subjects on which only the Parliament can legislate. It includes defence, foreign affairs, atomic energy, and railways.
    Scope: There are 100 subjects in the Union List, which reflect matters of national importance.
    State List (Article 246):

    Description: This list contains subjects on which only the state legislatures can legislate. It includes police, public health, agriculture, and local government.
    Scope: There are 61 subjects in the State List, allowing states to govern local matters effectively.
    Concurrent List (Article 246):

    Description: This list contains subjects on which both the Parliament and state legislatures can legislate. It includes education, marriage and divorce, bankruptcy, and social security.
    Scope: There are 52 subjects in the Concurrent List. In case of a conflict, the Union law prevails.
    Mechanisms for Center-State Cooperation and Coordination
    To ensure cooperation and coordination between the Centre and states, the Constitution provides several mechanisms:

    Inter-State Council (Article 263):

    Description: This council facilitates discussions on matters of mutual interest and resolves disputes between states.
    Function: It promotes cooperative federalism by enabling states to collaborate with the Centre on various issues.
    Finance Commission (Article 280):

    Description: This body reviews and recommends the distribution of tax revenues between the Centre and states and among the states themselves.
    Function: It ensures fiscal federalism and helps maintain a balanced financial relationship.
    Zonal Councils:

    Description: These councils promote cooperation among states in specific regions and address issues related to economic and social planning.
    Function: They provide a platform for dialogue and collaboration on regional development.
    Legislative Process:

    Description: Certain laws require the concurrence of state legislatures for enactment, especially in the Concurrent List.
    Function: This process ensures that state interests are considered in national legislation.
    Emergency Provisions (Articles 352, 356, 360):

    Description: In times of national emergency, the Centre can assume greater control over states. However, these provisions are meant to be temporary and require parliamentary approval.
    Function: They allow for a centralized response during crises while maintaining constitutional checks.
    Challenges and Responses
    Despite the mechanisms in place, challenges in the federal structure persist:

    Centralization of Power:

    Issue: The increasing centralization, especially after amendments like the 42nd Amendment, has raised concerns about state autonomy.
    Response: States have sought judicial intervention and legislative measures to reclaim their powers.
    Financial Dependence:

    Issue: Many states rely heavily on central grants and transfers, leading to fiscal constraints.
    Response: The Finance Commission and other reforms aim to create a more equitable financial distribution.
    Political Tensions:

    Issue: Political differences between the ruling party at the Centre and state governments can create friction.
    Response: Dialogue through inter-state councils and other platforms is encouraged to address conflicts.
    Conclusion
    The federal structure of India, as laid out in the Constitution, reflects a careful balance between unity and diversity. The distribution of powers between the Union and the states, coupled with mechanisms for cooperation, aims to promote a harmonious relationship. While challenges remain, ongoing reforms and dialogue continue to strengthen India’s federal framework, ensuring that both levels of government can work together for national progress while respecting state autonomy.

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Sameer Baishya
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Sameer BaishyaBegginer
Asked: January 3, 2025In:
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Roadmap for Answer Writing Introduction Briefly define the Preamble and its purpose in the Constitution. Importance of the Preamble Philosophical Foundation Discuss how it embodies the core values of the Constitution, including justice, liberty, equality, and fraternity. Mention that it reflects the basic political, moral, and ...

upsc: features of indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer Importance of the Preamble to the Indian Constitution The Preamble serves as the introduction to the Indian Constitution, summarizing its core principles and values. Based on Pandit Nehru's "Objectives Resolution," adopted on January 22, 1947, it embodies the fundamental philosophy of tRead more

    Model Answer

    Importance of the Preamble to the Indian Constitution

    The Preamble serves as the introduction to the Indian Constitution, summarizing its core principles and values. Based on Pandit Nehru’s “Objectives Resolution,” adopted on January 22, 1947, it embodies the fundamental philosophy of the Constitution.

    Key Significance

    1. Philosophical Foundation: The Preamble encapsulates the basic values—political, moral, and religious—upon which the Constitution rests.
    2. Source of Authority: It establishes that the authority of the Constitution derives from the people of India.
    3. Nature of the State: The terms “sovereign,” “socialist,” “secular,” “democratic,” and “republic” define the Indian state’s character.
    4. Objectives: It outlines the goals of the Constitution, including justice, liberty, equality, and fraternity.
    5. Historical Context: The Preamble marks November 26, 1949, as the date of the Constitution’s adoption and reflects the noble vision of the Constituent Assembly.

    Is the Preamble Part of the Constitution?

    Initially, in the Berubari Union case (1960), the Supreme Court did not consider the Preamble as part of the Constitution. However, the landmark Kesavananda Bharati case (1973) affirmed its integral status, stating that it is essential to Constitutional Law. This view was reiterated in the S. R. Bommai case (1994).

    Thus, the Preamble is recognized as a vital part of the Constitution, serving as its “identity card” (Source: Supreme Court rulings).

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 15, 2024In:
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Examine the Indian Constitution’s emergency powers clauses and the arguments over the extent and boundaries of these extraordinary actions. Talk about how the judiciary monitors the use of emergency powers.

upsc: features of indian constitution
  1. Abhishek Gupta
    Abhishek Gupta Learner

    The Indian Constitution provides provisions for emergency powers that can be invoked in times of crisis. These provisions are outlined in Part XVIII, Articles 352 to 360, and are aimed at ensuring the integrity, security, and smooth functioning of the nation during extraordinary situations. Let's taRead more

    The Indian Constitution provides provisions for emergency powers that can be invoked in times of crisis. These provisions are outlined in Part XVIII, Articles 352 to 360, and are aimed at ensuring the integrity, security, and smooth functioning of the nation during extraordinary situations. Let’s take a closer look at these emergency provisions and the debates surrounding their scope and limits, as well as the role of the judiciary in overseeing their exercise.

    Provisions for Emergency Powers:
    a. Article 352 – National Emergency: This provision allows the President of India to declare a national emergency in situations of war, external aggression, or armed rebellion. It grants the central government sweeping powers to take necessary steps to address the emergency situation effectively.
    b. Article 356 – President’s Rule: This provision empowers the President to impose President’s Rule in a state if the constitutional machinery in that state fails or is unable to function properly.

    c. Article 360 – Financial Emergency: This provision enables the President to proclaim a financial emergency if the financial stability or credit of the nation or any part thereof is threatened. It grants the central government authority to take necessary financial measures to address the crisis.

    Scope and Limits:
    The provisions for emergency powers have been a subject of intense debate and scrutiny. Critics argue that these provisions have the potential for misuse and can infringe upon individual rights and democratic principles. There have been concerns about the subjective interpretation of “internal disturbance” and the potential for political motives to influence the invocation of emergency powers.
    To address these concerns, the Constitution imposes certain checks and balances on emergency powers. For example:
    a. The President’s proclamation of emergency requires the approval of the Parliament within a specified time.
    b. The judiciary has the power to review the validity of emergency proclamations and actions taken during emergencies.

    Role of the Judiciary:
    The judiciary plays a crucial role in overseeing the exercise of emergency powers in India. It acts as a guardian of fundamental rights and ensures that emergency measures do not violate the basic structure of the Constitution. The Supreme Court of India has established certain principles and guidelines to limit the scope of emergency powers, safeguard individual liberties, and prevent abuse of emergency provisions.
    The landmark case of ADM Jabalpur v. Shivkant Shukla (also known as the Habeas Corpus case) during the Emergency (1975-1977) is an important example. The Supreme Court, in a controversial decision, held that during an emergency, individuals’ right to approach the courts for habeas corpus relief stood suspended. This decision sparked significant debates and criticism, emphasizing the need for a robust and vigilant judiciary to protect constitutional rights during emergencies.

    Over the years, the judiciary’s role in overseeing emergency powers has evolved, with courts taking a proactive stance in safeguarding fundamental rights. They have emphasized the importance of judicial review, ensuring that emergency powers are exercised within the confines of the Constitution and that individual rights are not unduly curtailed.

    In conclusion, the Indian Constitution provides provisions for emergency powers, but their scope and limits have been a subject of debate. The judiciary plays a vital role in overseeing the exercise of these powers, ensuring their constitutionality and protecting individual rights. The evolving jurisprudence surrounding emergency powers reflects the delicate balance between maintaining order and upholding democratic principles in times of crisis.

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Vihaan Malhotra
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Vihaan MalhotraBegginer
Asked: July 15, 2024In:
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Examine the key provisions of the Indian Constitution and discuss how they represent the distinct political, social, and historical background of the nation. Emphasize the fundamental ideas that form the basis of the constitutional structure.

upsc: features of indian constitution
  1. Bhavesh Desai
    Bhavesh Desai Begginer

    The Indian Constitution is a comprehensive and detailed document that serves as the supreme law of the land. It reflects India's unique historical, political, and social context through its salient features and key principles. Here’s an analysis of these features and principles: Salient Features ofRead more

    The Indian Constitution is a comprehensive and detailed document that serves as the supreme law of the land. It reflects India’s unique historical, political, and social context through its salient features and key principles. Here’s an analysis of these features and principles:

    Salient Features of the Indian Constitution
    Lengthy and Detailed Document:

    Extent and Coverage: The Indian Constitution is one of the longest in the world, with 395 articles (now over 450 with amendments), 12 schedules, and numerous appendices. This extensive detailing is to address the complexities of governing a diverse and populous country like India.
    Preamble:

    Vision and Objectives: The Preamble sets out the guiding principles of the Constitution, including justice, liberty, equality, and fraternity. It declares India to be a sovereign, socialist, secular, and democratic republic.
    Sovereign, Socialist, Secular, Democratic Republic:

    Sovereignty: India is an independent nation, free from external control.
    Socialism: Reflects the commitment to reducing inequalities and promoting social welfare.
    Secularism: Ensures equal respect and treatment of all religions.
    Democracy: Ensures a system of government by the people, through regular elections.
    Republic: The head of the state (President) is elected, not a hereditary monarch.
    Fundamental Rights:

    Protection of Individual Liberties: Articles 12-35 enumerate Fundamental Rights, including the right to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
    Directive Principles of State Policy (DPSP):

    Social and Economic Democracy: Articles 36-51 outline the goals for the state to achieve social and economic justice, aiming to create a welfare state.
    Fundamental Duties:

    Citizen Responsibilities: Article 51A lists the duties of citizens to promote a spirit of patriotism and uphold the unity of India.
    Federal Structure with Unitary Bias:

    Division of Powers: Division of powers between the Union and States, with a strong central government. During emergencies, the central government can assume greater powers.
    Parliamentary System of Government:

    Executive Accountability: The President is the ceremonial head of state, while the Prime Minister is the head of government. The executive is accountable to the legislature.
    Independent Judiciary:

    Judicial Review: The judiciary can review and invalidate laws and actions of the government that are inconsistent with the Constitution.
    Single Citizenship:

    Unity and Integrity: All citizens of India enjoy a single citizenship, promoting national unity.
    Flexible and Rigid:

    Amendment Process: The Constitution is both rigid and flexible. Some provisions can be amended by a simple majority, while others require a special majority and ratification by at least half of the state legislatures.
    Emergency Provisions:

    Crisis Management: Provisions for declaring a national emergency (Article 352), state emergency (President’s Rule, Article 356), and financial emergency (Article 360) to handle extraordinary situations.
    Bicameral Legislature:

    Two Houses: The Parliament consists of two houses—Lok Sabha (House of the People) and Rajya Sabha (Council of States).
    Key Principles Underpinning the Constitutional Framework
    Sovereignty:

    People’s Authority: The Constitution derives its authority from the people of India, as stated in the Preamble.
    Social Justice:

    Equality and Welfare: Emphasizes reducing social and economic inequalities and promoting the welfare of all citizens, especially the marginalized.
    Secularism:

    Religious Neutrality: Ensures that the state does not favor any religion and guarantees freedom of religion to all individuals.
    Democracy:

    Electoral System: Upholds democratic principles through regular, free, and fair elections, ensuring government accountability and representation.
    Federalism:

    Division of Powers: Balances power between the central government and state governments, allowing for regional autonomy within a united framework.
    Judicial Independence:

    Rule of Law: Maintains an independent judiciary to uphold the rule of law and protect the rights of citizens.
    Fundamental Rights and Duties:

    Balanced Rights and Responsibilities: Protects individual freedoms while also outlining the duties of citizens to ensure collective well-being.
    Directive Principles:

    Guidance for Governance: Provides non-justiciable principles to guide the state in policy-making, aiming to achieve social and economic democracy.
    Reflecting India’s Unique Context
    Historical Legacy:

    Colonial Experience: The Constitution addresses the issues arising from colonial rule, such as communal divisions and economic disparities, by promoting unity and social justice.
    Freedom Struggle: Values and principles from the independence movement, like democracy and secularism, are embedded in the Constitution.
    Political Realities:

    Diverse Population: The detailed provisions and federal structure accommodate India’s linguistic, cultural, and religious diversity.
    Leadership Vision: Leaders like Nehru, Ambedkar, and Patel envisioned a democratic and inclusive nation, influencing constitutional design.
    Social Structure:

    Caste and Class Inequities: The Constitution seeks to address deep-rooted social inequalities through affirmative action, Fundamental Rights, and DPSP.
    Economic Development:

    Planned Economy: The socialist orientation and DPSP reflect the focus on planned economic development and reducing poverty and inequality.

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Panna Lal
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Panna LalBegginer
Asked: June 29, 2024In:
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In the Kesavananda Bharati case, the struggle between the legislative and the judiciary resulted in the “fundamental structure” theory. Talk about it. What impact does the case have on Parliament’s ability to modify the Constitution? (Answer in 250 words)

upsc: features of indian constitution
  1. Kunal Shinde
    Kunal Shinde Begginer

    All democratic countries are governed by a Constitution. In the 1967 Golaknath case, India's Supreme Court ruled that Parliament couldn't amend fundamental rights. Adolf Hitler's transformation of Germany's Weimar Constitution from democratic to dictatorial is a notable example of altering a constitRead more

    All democratic countries are governed by a Constitution. In the 1967 Golaknath case, India’s Supreme Court ruled that Parliament couldn’t amend fundamental rights. Adolf Hitler’s transformation of Germany’s Weimar Constitution from democratic to dictatorial is a notable example of altering a constitution.

     

    In 1972, the Keshavananda Bharati case settled the debate on Parliament’s power to amend the Constitution. Keshavananda Bharati, chief priest at Sri Edneer Mutt in Kerala, challenged the Kerala Land Reforms Act of 1963, claiming it violated Article 26 on religious freedom. This case allowed the Supreme Court to define Parliament’s amendment authority.

     

    The Court’s ruling affirmed the Constitution’s supremacy and established the “basic structure doctrine,” which prevents amendments that alter the fundamental framework of the Constitution. This doctrine was later applied in the Minerva Mills and Waman Rao cases. The 24th and 25th Amendments of 1971 aimed to nullify the Golaknath judgment.

     

    The Keshavananda Bharati case, concluded in March 1973 by a 13-judge bench, resulted in a 7:6 decision, with Justice H.R. Khanna as the tiebreaker. Although Bharati lost, the basic structure doctrine was established. Justice A.N. Ray, who dissented, later became Chief Justice of India.

     

    The Keshavananda Bharati case was crucial in shaping Indian constitutional law, ensuring protection against potential authoritarianism.

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Team
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TeamSupreme
Asked: August 27, 2024In:
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What does the term “Doctrine of Basic Structure” mean to you? Examine how significant it is to the Indian Constitution. (200 Words) [UPPSC 2019]

uppsc: indian constitutionupsc: features of indian constitution
  1. Om Gauraha
    Om Gauraha Begginer

    The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, theRead more

    The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, the Supreme Court held that the parliament has the power to ammend Constitution, including fundamental rights but, the basic structure of the Constitution could not be altered even by a constitutional ammendment.

    Additionally, the judgement also added that the parliament can only amend the constitution and have no power to rewrite.

    Following are the key elements of the doctrine of basic structure which helps to ensure that the basic structure of the constitution remains unaltered:

    • Democracy
    • Fundamental rights
    • Federalism
    • Judicial Review
    • Rule of law
    • Separation of powers

     

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Aliya Sharma
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Aliya SharmaBegginer
Asked: July 1, 2024In:
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Since the Indian Constitution’s creation, it has been difficult to reconcile Fundamental Rights with the Directive Principles of State Policy (DPSPs). Discuss using the pertinent case law as a guide. (Answer in 150 words)

upsc: features of indian constitution
  1. Sharqa Tabrez
    Sharqa Tabrez Begginer

    Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (whiRead more

    Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (which are non-justiciable) act as a guide for law and policy formulation by the government.

    The question of reconciling the two arises in the context of several amendments made by the Parliament to override the fundamental rights and the consequent judicial review by the Supreme Court.

    • The Supreme Court, in the Champakam Dorairajan case (1951),held that Fundamental Rights would prevail over the DPSPs in case a conflict arises between the two. However, the Fundamental Rights are amendable.
      • The Parliament enacted the First, Fourth and the Seventeenth Constitutional Amendment Acts in order to implement some DPSPs which curtailed the Fundamental Rights.
    • These amendments were challenged in the IC Golaknath case (1967). The Supreme Court, partly overruling its decision in Champakam Dorairajan, held that Fundamental Rights are ‘transcendental’ and ‘sacrosanct’. They cannot be amended to implement DPSPs even by way of a constitutional amendment act as it would violate Article 13 (which provides that no law shall be made in contravention of the Fundamental Rights mentioned under Part III of the Constitution).
      • In order to circumvent the IC Golaknath decision, the Parliament enacted that 24th and the 25th Constitutional Amendment Acts.
    • The question was finally settled by the thirteen judge bench of the Supreme Court in the Keshwananda Bharti v State of Kerela case (1973). The Court held that both Fundamental Rights and DPSPs reflect the conscience of the Constitution. There is no antithesis between them and one supplements the other.
    • This position was reiterated by the Supreme Court in the Ashok Kumar Thakur case (2008) wherein it was held that there is no distinction between Fundamental Rights and DPSPs. While Fundamental Rights are political and civil rights, DPSPs are social and economic rights. None is subordinate to the other.

    Therefore, the present position in law is that both, Fundamental Rights and DPSPs, must be harmoniously construed. No question arises about one prevailing over the other.

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Kavita Singh
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Kavita SinghLearner
Asked: June 17, 2024In:
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There have been claims that India’s liberal democratic values, as stated in the Constitution, are being attacked by the sedition statute. Do you concur? (250 words)

upsc: features of indian constitution
  1. Kumkum Singh
    Kumkum Singh Begginer

    Answer: In India, Sedition has been defined in Section 124A of the Indian Penal Code as an offense committed when any person brings/attempts to bring into hatred or contempt, or excites/attempts to excite disaffection towards the government established by law through their words (spoken or written),Read more

    Answer: In India, Sedition has been defined in Section 124A of the Indian Penal Code as an offense committed when any person brings/attempts to bring into hatred or contempt, or excites/attempts to excite disaffection towards the government established by law through their words (spoken or written), or signs or by visible representation or otherwise. It is a non-bailable offense and can be punished with an imprisonment up to a life term. The passport of the person charged under the law is seized and the person is barred from government jobs until proven innocent. This law was drafted by Macaulay in 1837 and was inserted in IPC in 1870. Leaders like Bal Gangadhar Tilak and Gandhiji had been tried under sedition. This law has been an object of intense debate since independence. Arguments against the Sedition Law:

    • Draconian law:
      • In the constituent assembly debates, K.M. Munshi strongly opined that the law is a threat to democracy because it stifles the criticism of the government. Through his efforts, the word ‘sedition’ was omitted from the draft constitution in 1948.
      • Many democratic countries including Britain, South Korea, Scotland, Indonesia, the US (struck down major parts) have also done away with this law.
    • Weaponization of the law against political rivals: As per the Kedar Nath judgment 1962, the sedition law was supposed to be applied in rare instances where the security and sovereignty of the country is threatened. However, many political scientists are of view that this law is being weaponized as a handy tool against political rivals.
    • Lower conviction rate: As per NCRB data, the conversion rate from cases to conviction is a mere 3%. This indiscriminate use of the law suggests that the law is being used to silence any criticisms or dissent against the regime and hence, goes against the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by India.
    • Spurious interpretation of the law by the executive: The Delhi High Court in Disha Ravi Case and the Supreme Court in sedition case against Telugu news channels have shown concerns related to poor definition of the sedition law as it neither clearly states nor provides a broad outline of what can be classified as seditious. So, the executive may use the ambiguously defined provision as an instrument to regulate public opinion and indiscriminately wield power.

    Arguments in favour of the Sedition Law:

    • Political stability: The law has its utility in combating anti-national, secessionist and terrorist elements. In India, many districts are facing Maoist insurgency and rebel groups who virtually run a parallel administration and openly advocate overthrow of the State or plan to do so. The law thus protects the State and its organs from attempts to overthrow it to create political instability in the country.
    • Judicial acceptance: Even the Supreme Court of India, in KedarNath case 1962, expressed similar sentiments, when the court upheld the law on the basis that it provides power to the State to protect itself.

    A democracy requires citizens to actively participate in debates and express their constructive criticisms of government policies. Therefore, the Sedition law should be used only in rare cases. In this context, the Law Commission (2018 report) has rightly recommended that Section 124A should either be repealed or should be invoked only if there is an intention to disrupt public order or overthrow the State with violence and illegal means.

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Manoj Singh
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Manoj SinghLearner
Asked: July 16, 2024In:
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Talk about how the Preamble influenced the core ideals and tenets of the Indian Constitution. Examine the interpretations of the Preamble and their impact on the development of constitutional jurisprudence.

upsc: features of indian constitution
  1. Anishka Ray
    Anishka Ray Begginer

    The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation. Key Judicial InterRead more

    The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation.

    Key Judicial Interpretations:

    • Kesavananda Bharati Case (1973): Declared the Preamble as part of the Constitution, establishing that its basic structure cannot be altered.
    • S.R. Bommai Case (1994): Emphasized secularism and federalism as fundamental principles.
    • Minerva Mills Case (1980): Highlighted the balance between Fundamental Rights and Directive Principles, protecting the Constitution’s basic structure.

    These cases reinforced the inviolability of the Preamble’s principles, preventing arbitrary amendments, and ensuring justice, liberty, equality, and fraternity in governance. The Preamble’s interpretation has guided the judiciary in preserving the democratic, secular, and socialist fabric of the nation, shaping India’s constitutional jurisprudence.

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Tanu Singh
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Tanu SinghLearner
Asked: July 16, 2024In:
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Examine the Constitution’s Seventh Schedule, which describes the division of legislative authority. Examine the arguments for and against the Union, State, and Concurrent Lists’ applicability.

upsc: features of indian constitution
  1. Sanje Kamran
    Sanje Kamran Begginer

    The Seventh Schedule is an important aspect of the Indian Constitution as it outlines the division of legislative powers between the Union and the States. It consists of three lists – the Union List, the State List, and the Concurrent List, each containing subjects on which the respective governmentRead more

    The Seventh Schedule is an important aspect of the Indian Constitution as it outlines the division of legislative powers between the Union and the States. It consists of three lists – the Union List, the State List, and the Concurrent List, each containing subjects on which the respective governments can make laws.

    The rationale behind the separation of powers into these lists is to ensure a clear division of powers between the Union and the States. The Union List contains subjects that are exclusively within the jurisdiction of the central government, such as defense, foreign affairs, and currency. The State List contains subjects that are within the jurisdiction of the state governments, such as police, public health, and local government. The Concurrent List contains subjects on which both the Union and the States can legislate, such as criminal law, marriage and divorce, and education.

    The division of powers into these lists helps in maintaining a balance between a strong central government and a federal system with significant autonomy for the states. It allows for efficient governance by clearly delineating the areas of responsibility of each level of government.

    However, there have been debates surrounding the scope of the Seventh Schedule and the distribution of legislative powers. Some argue that the Union List is too extensive and encroaches upon the powers of the states, limiting their autonomy. Others argue that the Concurrent List leads to duplication of laws and confusion, as both the Union and the States can legislate on the same subject.

    Overall, the inclusion of the Seventh Schedule in the Constitution has been important in defining the division of legislative powers between the Union and the States. While there have been debates surrounding its scope, the Schedule has played a crucial role in maintaining a balance between centralization and decentralization of powers in India.

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