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Constitution / Seventh Schedule (Union, State, Concurrent Lists) — UPSC Mains Model Answer

Polity · UPSC CSE
Question: Division of legislative powers under the Seventh Schedule — Union, State, and Concurrent Lists

Introduction

The Seventh Schedule of the Constitution distributes legislative authority between the Union and States across three lists, forming the structural backbone of Indian federalism and determining which tier of government can legislate on any given subject.

Body

1. Architecture of the Three Lists

List I (Union List) contains subjects of national importance such as defence, foreign affairs, and atomic energy, on which only Parliament can legislate. List II (State List) covers subjects like public order, agriculture, and local government, reserved for State Legislatures. List III (Concurrent List) permits both Parliament and State Legislatures to legislate, with Parliamentary law prevailing in case of repudiation.

2. Residuary Powers and Union Supremacy

Article 248 vests residuary powers exclusively with Parliament, covering subjects not enumerated in any list. This asymmetry distinguishes India from classical federations where residuary powers often rest with constituent units, reflecting a centralising design suited to national integration imperatives.

3. Conflict Resolution and Parliamentary Override

Article 254 resolves Concurrent List conflicts by giving Parliamentary legislation overriding effect, unless a State law has received Presidential assent. This provision balances State autonomy with the need for uniform national policy on subjects such as education, forests, and criminal law.

4. Governance Implications

Frequent transfer of subjects between lists — education and forests were moved to the Concurrent List by the 42nd Amendment — demonstrates that the Schedule is a living instrument responsive to governance needs. Disputes over encroachment, particularly in areas like GST and environment regulation, continue to test Centre-State relations.

Conclusion

The Seventh Schedule embodies a calibrated federalism — neither purely unitary nor fully federal. Periodic review of list allocations, guided by the principle of subsidiarity, remains essential to align legislative competence with contemporary governance realities.

Word count: 260

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