Which Articles of the Indian Constitution indicate the declaration of the distribution of Legislative power between the Union and the State?

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Points to Remember:

  • Seventh Schedule of the Indian Constitution
  • Union List, State List, Concurrent List
  • Distribution of legislative powers
  • Residuary powers

Introduction:

The Indian Constitution, a landmark document establishing a federal structure, meticulously outlines the distribution of legislative powers between the Union (Central) government and the State governments. This division is crucial for maintaining a balance of power and ensuring efficient governance across the vast and diverse nation. The primary mechanism for this division is enshrined not in specific articles, but in the Seventh Schedule of the Constitution. This Schedule details three lists: the Union List, the State List, and the Concurrent List, each specifying the subjects over which the Union, States, or both have legislative competence. Understanding these lists is key to comprehending the federal architecture of India.

Body:

1. The Seventh Schedule:

The Seventh Schedule is the heart of the federal arrangement in India. It doesn’t reside in a single article but is a crucial annexure to the Constitution. It’s not an article itself, but its contents are integral to the functioning of the Indian federal system. Articles 245 and 246, however, are directly relevant as they provide the legal framework within which the Seventh Schedule operates.

2. Union List (Article 246):

Article 246(1) empowers the Parliament to make laws on matters enumerated in the Union List. This list includes subjects of national importance such as defense, foreign affairs, currency, banking, communications, and railways. The Union government has exclusive legislative authority over these matters. The length of this list reflects the significant powers vested in the central government, particularly in areas requiring national uniformity and coordination.

3. State List (Article 246):

Article 246(1) also empowers the State Legislatures to make laws on matters listed in the State List. This list includes subjects of primarily local or regional concern, such as public order, police, local government, public health, and agriculture. States have exclusive legislative competence in these areas, allowing for tailored policies to meet specific regional needs.

4. Concurrent List (Article 246):

Article 246(3) addresses the Concurrent List, where both the Parliament and the State Legislatures can make laws. This list includes subjects of shared interest, such as education, forests, criminal law, and marriage and divorce. In case of conflict between a Union law and a State law on a subject in the Concurrent List, the Union law prevails (Article 254). This provision reflects the Union’s ultimate authority in areas of national importance even within the Concurrent List.

5. Residuary Powers (Article 248):

Article 248 vests the power to legislate on any matter not specifically mentioned in the Union, State, or Concurrent Lists with the Parliament. This provision ensures that no subject remains outside the legislative purview of either the Union or the States. This prevents legislative gaps and ensures comprehensive governance.

Conclusion:

While no single article explicitly declares the distribution of legislative power, the Seventh Schedule, in conjunction with Articles 245, 246, and 248, forms the cornerstone of this crucial aspect of the Indian Constitution. The division of powers between the Union and the States, as outlined in these provisions, is a dynamic balance aimed at ensuring both national unity and regional autonomy. The system, while not without its challenges, has largely succeeded in accommodating the diverse needs of India’s federal structure. Moving forward, a continuous review and refinement of the lists, keeping in mind evolving societal needs and technological advancements, is crucial to maintain the effectiveness and relevance of this fundamental aspect of the Indian Constitution. This will ensure a more robust and responsive federal system that promotes holistic development and upholds the constitutional values of justice, liberty, equality, and fraternity.

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