Free IGNOU BPSE 143 Solved Assignment 2023-24

Federal Division of Powers between the Centre and States in India-The federal division of powers between the Centre (Union Government) and the States is a fundamental feature of India’s political structure, enshrined in the Constitution. This distribution of powers aims to strike a balance between a strong central authority and regional autonomy, allowing both levels of government to function independently within their respective domains. The Seventh Schedule of the Indian Constitution outlines this division through three lists: the Union List, the State List, and the Concurrent List.

1. Union List: The Union List consists of subjects on which only the central government has the authority to legislate and make policies. This includes matters of national importance, defense, foreign affairs, currency, atomic energy, and communication. The central government has exclusive power to make laws, regulations, and policies on these subjects, and the states cannot interfere in these areas. This ensures the integrity and sovereignty of the country at the national level.

2. State List: The State List contains subjects over which only the state governments have the authority to legislate and make policies. This includes issues related to police, public health, agriculture, local government, and public order. The states have the autonomy to make laws and policies on these subjects without central interference. This division of powers recognizes the diversity of the country and the need for addressing regional concerns and priorities.

3. Concurrent List: The Concurrent List consists of subjects on which both the central government and the state governments can legislate and make policies. This includes subjects such as education, criminal law, marriage, and bankruptcy. In case of a conflict between central and state laws on concurrent subjects, the central law prevails. This shared authority allows for uniformity in certain areas while also accommodating regional variations.

4. Residuary Powers: Residuary powers, i.e., powers not explicitly mentioned in any of the three lists, are vested in the central government. This ensures that any matters not covered under the Union List, State List, or Concurrent List fall under the jurisdiction of the central government. However, the 42nd Amendment Act of 1976 shifted some residuary powers to the concurrent list, giving both the Centre and the States some authority in this area.

5. Emergency Provisions: During a state of emergency, certain powers of the states can be taken over by the Centre. Under Article 356, if the President believes that the governance of a state cannot be carried out according to the provisions of the Constitution, the President can dissolve the state assembly and assume its powers. This provision ensures that in times of crisis, the central government can maintain law and order and ensure the stability of the nation.

6. Inter-State Council: To promote cooperative federalism and resolve inter-state disputes, the Constitution established the Inter-State Council. It acts as a platform for consultation and deliberation between the Centre and the states on various issues, including the division of powers. Although the recommendations of the Inter-State Council are not binding, they serve as important guidelines for harmonizing the relationship between the two levels of government.

In conclusion, the federal division of powers in India is a key aspect of the country’s governance structure. It allows for a balanced distribution of authority between the central government and the states, ensuring national unity while respecting regional diversity and autonomy. The clear demarcation of powers through the Union List, State List, and Concurrent List, along with provisions for resolving conflicts and emergency situations, helps maintain the stability and functioning of India’s federal system.