Governance, TLP-UPSC Mains Answer Writing
Q. 3. The division of powers under the Seventh Schedule is increasingly seen as misaligned with contemporary governance needs. Critically examine the case for its reform and suggest measures to strengthen cooperative federalism. (150 words, 10 marks)
Introduction
The Seventh Schedule of the Constitution, under Article 246, allocates legislative subjects among the Union, State, and Concurrent Lists. However, emerging socio-economic complexities have exposed the inadequacies of this static division, necessitating urgent reform.
Body
Understanding the Seventh Schedule
- Three-tier division of powers: The Constitution divides powers into Union (97), State (66), and Concurrent (47) Lists.
- Union law overrides in conflicts: Under Article 254, Union law overrides State law on concurrent subjects in case of conflict.
- Parliament can make state laws: Articles 249, 250, and 356 allow Parliament to legislate on State List matters, weakening federal balance.
- No regular list updates: Since 1950, subject distribution hasn’t been revised much, except for shifting ‘Education’ to the Concurrent List in 1976.
Why It Is Misaligned with Contemporary Governance
- Excessive central control: Centre’s deep intervention in State matters erodes federal spirit. Example: During COVID-19, Centre used the Disaster Management Act, 2005 to impose lockdowns, bypassing States.
- Blurred roles and overlap: Overlapping functions cause ambiguity in responsibilities. Example: The 2012 Enrica Lexie case saw unclear jurisdiction between Union and States on maritime security.
- Outdated subject division: The Schedule hasn’t kept pace with tech and social changes. Example: Issues like Pegasus spyware expose legislative gaps on digital surveillance.
- States lack control on new issues: States struggle to handle emerging areas like migration and gig economy. Example: In 2020, States lacked clarity to frame migrant worker policies during the crisis.
Measures to Strengthen Cooperative Federalism
- Review subject distribution: A permanent body should reassess the Schedule to reflect changing needs. Example: Sarkaria and Punchhi Commissions suggested a review every 10 years.
- Expand Concurrent List: Include joint-action subjects to reduce Centre–State friction. Example: Add climate change, digital governance, and health crises.
- Revive federal institutions: Strengthen regular dialogue via Inter-State and Zonal Councils. Example: Biannual meetings on water sharing and tech regulation.
- Link funds to functions: States need matching finances for devolved responsibilities. Example: Finance Commissions should provide more untied, purpose-linked grants.
- Co-legislate new issues: Centre and States should jointly frame laws on emerging sectors. Example: Draft model laws for fintech and cybersecurity through NITI Aayog.
Conclusion
A dynamic and inclusive Seventh Schedule is pivotal to India’s evolving federal democracy. Reforming it in line with changing realities and cooperative frameworks will strengthen the true spirit of federalism envisioned in the Constitution.