- India is often called "quasi-federal" (K.C. Wheare): it has a federal division of powers but a strong Centre. Article 1 calls India a "Union of States", not a federation.
- Powers are divided in the Seventh Schedule into the Union, State and Concurrent Lists; residuary powers lie with Parliament.
- The Supreme Court declared federalism part of the basic structure in the S.R. Bommai case (1994).
The Three Lists
| List | Original subjects | Examples |
|---|---|---|
| Union List (List I) | 97 | Defence, foreign affairs, atomic energy, railways, banking, currency, census |
| State List (List II) | 66 | Police, public order, public health, agriculture, land, betting and gambling |
| Concurrent List (List III) | 47 | Criminal law, marriage and divorce, education, forests, electricity, population control |
The 42nd Amendment (1976) moved five subjects — education, forests, weights and measures, protection of wild animals and birds, and administration of justice — from the State List to the Concurrent List. If a state law conflicts with a central law on a Concurrent subject, the central law prevails (Article 254).
Residuary Powers
Subjects not in any list belong to Parliament (Article 248, Entry 97 of the Union List) — a feature borrowed from Canada. In the USA, residuary powers lie with the states.
When Parliament Can Legislate on State Subjects
| Article | Situation |
|---|---|
| 249 | The Rajya Sabha passes a resolution by a two-thirds majority of members present and voting that it is in the national interest; valid for one year at a time |
| 250 | During a national emergency |
| 252 | Two or more state legislatures request it — the law then applies only to those states and others that adopt it |
| 253 | To implement an international treaty or agreement |
| 356 | During President's Rule in a state |
Residuary powersArticle 248
Inter-State CouncilArticle 263 (1990)
President's RuleArticle 356
National EmergencyArticle 352
Financial EmergencyArticle 360 (never)
Bommai case1994
Three Types of Emergency
| Type | Article | Grounds and approval | Used |
|---|---|---|---|
| National Emergency | 352 | War, external aggression or armed rebellion (the 44th Amendment, 1978, replaced "internal disturbance"). Must be approved by both Houses within one month by a special majority; renewed every six months | 1962 (China war), 1971 (Pakistan war), 1975 (internal disturbance) |
| President's Rule (State Emergency) | 356 | Failure of constitutional machinery in a state. Approval within two months by a simple majority; maximum three years | Over 100 times |
| Financial Emergency | 360 | Threat to the financial stability or credit of India. Approval within two months | Never |
In the S.R. Bommai case (1994), a nine-judge bench held that President's Rule is subject to judicial review, that a government's majority must be tested on the floor of the House, and that the Assembly should not be dissolved until Parliament approves the proclamation. Under the 44th Amendment, the Fundamental Rights in Articles 20 and 21 cannot be suspended even during a national emergency.
Bodies for Co-operative Federalism
| Body | Basis | Notes |
|---|---|---|
| Inter-State Council | Article 263 | Set up in 1990 on the Sarkaria Commission's recommendation; chaired by the Prime Minister |
| Zonal Councils | States Reorganisation Act, 1956 (statutory) | Five councils (North, South, East, West, Central), each chaired by the Union Home Minister |
| North Eastern Council | NEC Act, 1971 | Planning body for the north-eastern states, including Sikkim since 2002 |
| Finance Commission | Article 280 | Recommends how taxes are shared between the Centre and states, every five years |
| GST Council | Article 279A | Joint forum of the Union Finance Minister and state finance ministers |
Commissions on Centre–State Relations
- Administrative Reforms Commission (1966).
- Rajamannar Committee (1969) — appointed by Tamil Nadu; argued for greater state autonomy.
- Sarkaria Commission (1983) — recommended a permanent Inter-State Council and sparing use of Article 356.
- Punchhi Commission (2007) — suggested fixed tenures for Governors and "localised emergencies".
Other links: Article 262 lets Parliament provide for adjudication of inter-state river water disputes, and Article 312 lets the Rajya Sabha create new All India Services.
- Article matching: 248 (residuary), 249 (Rajya Sabha resolution), 252 (states' consent), 253 (treaties), 263 (Inter-State Council).
- Subjects shifted by the 42nd Amendment — education and forests are the usual answers.
- Emergency facts: approval periods (one month vs two months), "armed rebellion" and which rights cannot be suspended.
Q1. Residuary powers in India are vested in:
✅ Answer: (b) Parliament
💡 Explanation: Article 248 gives residuary powers to Parliament, following the Canadian model.
Q2. Which subject was moved from the State List to the Concurrent List by the 42nd Amendment?
✅ Answer: (d) Education
💡 Explanation: Education, forests, weights and measures, wildlife protection and administration of justice were moved.
Q3. A national emergency must be approved by Parliament within:
✅ Answer: (a) One month
💡 Explanation: Since the 44th Amendment, approval is needed within one month by a special majority.
Q4. The Inter-State Council was set up in 1990 under:
✅ Answer: (c) Article 263
💡 Explanation: Article 263 allows the President to set up an Inter-State Council; it was created on the Sarkaria Commission's advice.
Q5. Which emergency has never been declared in India?
✅ Answer: (d) Financial Emergency
💡 Explanation: A financial emergency under Article 360 has never been imposed.
🔁 Revise in 60 Seconds
- Lists: Union 97, State 66, Concurrent 47 (original); 42nd Amendment moved 5 subjects to Concurrent.
- Residuary → Parliament (Art 248, Canada model).
- Art 249 (RS 2/3), 250 (emergency), 252 (states consent), 253 (treaty).
- Emergencies: 352 (1962, 1971, 1975), 356 (Bommai 1994), 360 (never).
📌 Prelims Traps to Avoid
- ✘ Article 249 needs a resolution of the Rajya Sabha only, not both Houses.
- ✘ Zonal Councils are statutory, not constitutional.
- ✘ Articles 20 and 21 cannot be suspended during a national emergency.
What is the S.R. Bommai case about?
In 1994 a nine-judge Supreme Court bench held that the imposition of President's Rule under Article 356 is open to judicial review, that a government's majority must be tested on the floor of the House, and that federalism and secularism are part of the basic structure of the Constitution.
Which subjects were transferred to the Concurrent List by the 42nd Amendment?
Education, forests, weights and measures, protection of wild animals and birds, and administration of justice (constitution and organisation of courts other than the Supreme Court and High Courts).