As the Constitution turns 75, how India’s federal vision stands strong

As erstwhile Chief Justice of India, Justice DY Chandrachud underlined that Indian federalism represents a deliberate law prime by the framers aimed astatine balancing unity and diversity, decentralisation, and antiauthoritarian decision-making. This model promotes self-rule portion besides ensuring shared governance. 

Unique diagnostic of India’s federalism 

India is often called a ‘quasi-federal’ republic arsenic it has synthesised the characteristics of some national and unitary systems. This strategy has been designed to accommodate the country’s socio-cultural and political diversity. While India has adopted a national operation that divides powerfulness betwixt the central/federal authorities and its subordinate states, its Constitution besides incorporates unitary features, allowing for flexibility successful governance.

Thus, immoderate of the large national features enactment successful spot by the framers of the Constitution include:

— Dual polity: With the Union authorities astatine the halfway and authorities governments astatine the periphery, India has a dual governance system.

— Constitutional supremacy: All laws enacted by legislatures astatine assorted levels indispensable conform to the provisions of the Constitution.

— Rigid amendment procedures: The Constitution of India protects its national operation by adopting rigid procedures for amendments that tin impact the equilibrium of powerfulness betwixt the Union and the states and often necessitate support by some the centre and states.   

— Division of power: Most importantly, its transparent strategy of part of powers betwixt cardinal and authorities governments is enshrined successful the Seventh Schedule of the Constitution, which classifies subjects into 3 lists, i.e. Union List, State List and Concurrent List.

The 3 lists 

The Constituent Assembly provided a robust mechanics to guarantee a wide part of powers betwixt the centre and the states done the Union and State lists. 

Union List: Subjects belonging to the Union List exclusively autumn nether the legislative authorization of Parliament, and examples see defence and overseas affairs. 

State List: The State List is simply a database of subjects that travel nether the authorization of authorities legislatures, and immoderate examples of the subjects see police, nationalist health, and agriculture. 

Concurrent List: The Concurrent List was inspired by the Australian Constitution. The database enumerates subjects connected which some the Union and authorities governments tin legislate, with Union laws prevailing successful the lawsuit of a conflict. Examples of subjects nether the Concurrent List see education, marriage, etc.

This tripartite part helps the Indian republic onslaught the close equilibrium betwixt nationalist integrity and determination autonomy that would support the assorted sociocultural identities and diverseness intrinsic to the Indian panorama. 

This pragmatic strategy establishes a strategy of cooperative federalism specified that the national authorities and authorities governments enactment arsenic partners for improvement and greater nationalist welfare. They besides guarantee that determination is nary attraction of powerfulness astatine immoderate level of government. Alteration to the Seventh Schedule requires a peculiar bulk of parliament and successful immoderate cases ratification by fractional the authorities legislatures.

Changes made to the 3 lists 

Over time, modifications to the 3 lists outlined successful the Seventh Schedule of the Indian  Constitution person been undertaken to code the evolving governance needs and nationalist argumentation priorities. At the clip of its adoption, the Constitution allocated 98 subjects to the Union List, 66 to the State List, and 47 to the Concurrent List. 

Currently, the numbers basal astatine 100 subjects successful the Union List, 59 successful the State List, and 52 successful the Concurrent List, reflecting the important shifts implicit the decades. Among these changes, the 42nd Amendment Act of 1976 – often referred to arsenic the “mini-Constitution” owed to the extended revisions it made – introduced the astir important changes to the Seventh Schedule. 

This amendment transferred cardinal subjects specified arsenic education, forests, extortion of chaotic animals and birds, and medication of justness from the State List to the Concurrent List. These amendments, peculiarly the centralising shifts embodied successful the 42nd Amendment, bespeak a broader inclination toward accrued centralisation wrong India’s national structure. 

While specified changes purpose to code nationalist priorities and foster uniformity successful captious areas, they besides underscore the evolving equilibrium of powerfulness betwixt the Union and the states arsenic the federation adapts to caller challenges and complexities. 

Examples of subjects moved to Concurrent List 

The shifting of Education to the Concurrent List helped to guarantee uniformity successful acquisition standards crossed the country. This allowed the Union authorities to present nationalist policies similar the Right to Education Act, 2009 and the National Education Policy, while allowing states to code region-specific acquisition needs.

Similarly, the Constitution granted states exclusive power implicit wood absorption and conservation. The 42nd Amendment moved forests to the Concurrent List successful effect to the increasing concerns astir biology degradation, deforestation, and the planetary value of biodiversity. This displacement enabled the Union authorities to enact authorities specified arsenic the Forest Conservation Act, 1980, which restricted the usage of wood onshore for non-forest purposes (such arsenic for infrastructure and industry). 

While specified changes strengthened India’s quality to instrumentality nationalist conservation policies and conscionable planetary biology commitments, they besides led to tensions, arsenic respective states criticised these laws arsenic restrictive, peculiarly successful situations wherever wood lands are required for infrastructure oregon concern development. Nevertheless, the transportation of the subjects from 1 database to the different highlights the dynamic quality of India’s national structure, balancing nationalist priorities with determination autonomy and continuing to signifier the sermon connected cooperative federalism. 

Contemporary challenges 

The part of powers articulated successful the 3 lists of the Seventh Schedule of the Constitution exemplifies its adaptability, efficaciously balancing centralisation and determination autonomy to conscionable the nation’s governance needs. By institutionalising cooperative federalism, this model facilitates collaboration betwixt the Union and states, enabling the pursuit of nationalist priorities alongside determination aspirations portion upholding India’s antiauthoritarian ethos and fostering unity successful diversity. 

Justice DY Chandrachud besides noted however caller challenges specified arsenic “climate change, artificial quality and cybercrime transcend territorial boundaries which signifier the ground of national units”. The Indian national structure, with its dynamic allocation of powers, tin code these challenges done collaborative efforts betwixt the states and the centre. Thus, India’s national strategy stands gangly arsenic a testament to the imaginativeness and foresight of the framers of the Constitution connected the 75th  day of the adoption of the Constitution.

Post Read Questions

What are 3 lists successful the Seventh Schedule of the Indian Constitution, and however bash they signifier the national operation of governance?

What is the value of the tripartite part of powers successful the Indian Constitution?

The displacement of subjects from the State List to the Concurrent List exemplifies the evolving narration betwixt cardinal and authorities governments. Evaluate with examples. 

In what ways does India’s national strategy bespeak the foresight of the framers of the Constitution, particularly connected its 75th anniversary?

How has the dynamic allocation of powers betwixt the Union and states enabled India to accommodate to modern challenges specified arsenic clime change, artificial intelligence, and cybercrime?

(Kannan K is simply a Doctoral campaigner successful Political Science astatine the Centre for Economic and Social  Studies, Hyderabad.) 

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