UPPSC Mains 2025 Paper 2

How does the provision of legislative powers granted to the Union under the Indian Constitution contribute to the centralized character of India's federal system? Examine.

Verified Answer

The Indian Constitution, while establishing a federal system with a clear division of powers between the Union and the States, exhibits a distinct unitary bias. This centralized character is significantly reinforced by the provisions relating to legislative powers granted to the Union. These provisions ensure that the Union Parliament holds substantial authority, often allowing it to legislate on subjects typically reserved for states or to override state legislation, thereby maintaining national unity and a strong central government.

At the core of this centralization are the three legislative lists enshrined in the Seventh Schedule: the Union List, State List, and Concurrent List. The Union List contains 97 subjects (originally 99) of national importance, such as defence, foreign affairs, railways, banking, currency, and atomic energy, on which only the Parliament can legislate. The sheer number and critical nature of these subjects grant the Union extensive control over key policy areas, ensuring uniformity across the nation and preventing fragmentation.

The Concurrent List comprises 52 subjects (originally 47), including education, forests, trade unions, marriage, and criminal law, on which both the Union and State Legislatures can make laws. However, Article 254 stipulates that in case of a conflict between a Union law and a State law on a subject in the Concurrent List, the Union law prevails. This 'doctrine of repugnancy' effectively gives the Union Parliament a superior position, allowing it to set national standards and policies even in areas of shared jurisdiction.

Furthermore, the Constitution vests Residuary Powers (subjects not enumerated in any of the three lists) exclusively with the Union Parliament (Article 248). This is a significant departure from classical federal systems like the USA, where residuary powers lie with the states, further strengthening the Union's legislative ambit.

Beyond these lists, the Constitution grants Parliament extraordinary powers to legislate on subjects ordinarily belonging to the State List under specific circumstances:

  1. In the National Interest (Article 249): If the Rajya Sabha (Council of States) passes a resolution by a two-thirds majority declaring that it is necessary or expedient in the national interest for Parliament to legislate on a State List subject, Parliament can do so for a period not exceeding one year at a time.
  2. During a Proclamation of Emergency (Article 250): While a Proclamation of National Emergency (Article 352) is in operation, Parliament can make laws on any subject in the State List. These laws cease to have effect six months after the emergency ceases to operate.
  3. By Agreement Between States (Article 252): If two or more State Legislatures pass resolutions requesting Parliament to legislate on a State List subject, Parliament can do so. Such a law would apply only to those states that have passed the resolution, and other states can adopt it subsequently.
  4. For Implementing International Treaties (Article 253): Parliament can legislate on any subject, including those in the State List, for the purpose of implementing any international treaty, agreement, or convention.
  5. During President's Rule (Article 356): When President's Rule is imposed in a state due to the failure of constitutional machinery, Parliament is empowered to make laws for that state, effectively assuming the legislative powers of the State Legislature.

Additionally, Parliament has the power to form new states, alter the boundaries or names of existing states (Article 3), and even abolish a state or create a new one, without the consent of the affected state legislature. This demonstrates the Union's paramount authority over the territorial integrity of the states.

In conclusion, the comprehensive nature of the Union List, the overriding power of Parliament on the Concurrent List, the vesting of residuary powers with the Union, and the special provisions allowing Parliament to encroach upon the State List under various circumstances, collectively contribute to a highly centralized federal system in India. These provisions are designed to ensure national unity, integrity, and administrative uniformity, reflecting the framers' concern for a strong center in a diverse and potentially fractious nation, even if it means a deviation from a purely federal structure.