Division of power is a fundamental concept in constitutional governance designed to ensure a balanced and effective system of government. Federalism is an institutional arrangement that creates two relatively autonomous levels of government, each with the authority granted by the national constitution to act directly on behalf of the people. The distribution of authority at various levels of government is referred to as the division of powers. This is a common feature of a federal country.

Historical Background

• John Locke theoretically enumerated the concept of division of power.
• It was modified by Montesquieu and incorporated into the United States Constitution.
• The history of the evolution of the modern nation-state and its administrative aspect is conceptually linked with the division of power.
• It was fundamentally based on the concept of separation of power.
• Jean Bodin was the first modern writer to advocate for the separation of power.
• Montesquieu enunciated and explained his theory of Separation of Powers in his book ‘The Spirit of the Laws’ (1748).
• Mahatma Gandhi advocated for power decentralization by describing a Ram Rajya in which there will be layers of authority beginning with the village panchayat and progressing to the national level.
• In terms of British India's administrative history, the British Indian Constitution Act of 1935 enumerated legislative powers in three lists – Federal, Provincial, and Concurrent – and the residue powers were given to the Governor-General to be assigned either to the Central government or the provinces.
• This particular arrangement was necessitated by the country's then-prevailing conditions, with Hindus favoring a strong center and Muslims favoring strong provinces.

What is Division of Power?

• The distribution of power among various government organs, such as the central government to the state, the state to the district, and the district to the village, is referred to as the division of power.
• For the center, the Union List is a source of concern. The states are dealing with issues on the State List.
• In India, the central government, also known as the union, is in charge of overall governance. There should be effective administrative norms between the Union and the States.
• The Constitution has discussed executive powers in relation to any treaty or agreement, and Parliament has also delegated executive functions to the union over Concurrent List items under numerous pieces of legislation.
• Because India has a parliamentary form of government, it is an example of power division.

Related Constitutional Provisions

• In the Seventh Schedule (Article 246), the Constitution divided powers between the Centre and the states using the Union List, State List, and Concurrent List.
• The Union List has 98 subjects (up from 97), the State List has 59 subjects (previously 66), and the Concurrent List has 52 subjects (originally 47).
• The Centre and the states can both pass laws on the subjects on the concurrent list, but in the event of a conflict, the Central law takes precedence.
• The Centre receives residuary subjects (those that are not mentioned in any of the three lists).
• Article 282 empowers states to allocate financial resources for public purposes.
• Article 293 allows the state to borrow an unlimited amount of money without the permission of the Union government.

Conclusion

The concept of three lists was borrowed from the Canadian Constitution. The principle of division of powers embodied by this concept emphasizes the federal structure of the Indian Constitution.

FAQs

Q1: What is the concept of the division of powers in the Indian Constitution?

Q2: What are the three lists in the Seventh Schedule of the Indian Constitution?

Q3: What happens if there is a conflict between Union and State laws on a subject in the Concurrent List?

Q4: What is residual power in the context of the division of powers in India?

Q5: How does the division of powers help in federal governance in India?

MCQs

1. Which of the following lists allows both the Union and State governments to legislate?

a) Union List

b) State List

c) Concurrent List

d) Residual List

2. Which article of the Indian Constitution deals with residual powers?

a) Article 254

b) Article 246

c) Article 248

d) Article 256

3. In case of a conflict between Union and State laws on a subject in the Concurrent List, which law prevails?

a) State law

b) Union law

c) Both laws are considered valid

d) Law passed by the State Assembly

4. The division of powers between the Union and State governments in India is based on which of the following schedules?

a) Sixth Schedule

b) Seventh Schedule

c) Eighth Schedule

d) Ninth Schedule

5. Which of the following is a subject in the Union List?

a) Police

b) Education

c) Defence

d) Public health

GS Mains Questions and Model Answers

Q1: Discuss the significance of the division of powers between the Union and State governments in India.

Answer: The division of powers between the Union and State governments is a key feature of India’s federal system, ensuring a balanced distribution of legislative and administrative responsibilities. This division is primarily outlined in the Seventh Schedule of the Constitution, which classifies subjects into the Union List, State List, and Concurrent List.
The Union List grants exclusive legislative powers to the Union government on subjects of national importance like defence, foreign affairs, and atomic energy. The State List allows States to govern local matters like police, public health, and agriculture. The Concurrent List provides for joint legislation, with both the Union and States having the power to legislate on subjects like education, marriage, and bankruptcy, though Union law prevails in case of a conflict.
This division of powers promotes cooperative federalism by allowing autonomy to States while ensuring national integrity. However, it also creates challenges, particularly when Union laws override State laws, potentially infringing on the autonomy of the States. Despite these challenges, the division of powers remains central to India's federal structure, balancing regional diversity with national unity.

Q2: Examine the role of the Concurrent List in the division of powers and its impact on Union-State relations.

Answer: The Concurrent List in the Indian Constitution plays a critical role in the division of powers between the Union and State governments. It contains subjects on which both the Union and States can legislate, fostering cooperation between different levels of government. Key subjects like education, marriage, criminal law, and bankruptcy fall under the Concurrent List, allowing both governments to address these matters based on their specific contexts and needs.
However, Article 254 stipulates that if there is any inconsistency between Union and State laws on Concurrent List subjects, the law made by the Union prevails. This provision has led to occasional tensions in Union-State relations, particularly when States feel that their autonomy is being undermined.
The Concurrent List provides a framework for cooperative federalism, as both the Union and State governments are expected to coordinate in areas of mutual interest. In practice, however, disputes can arise when the Union government uses its power to override State laws. Thus, while the Concurrent List encourages collaboration, it also requires a delicate balance to maintain harmonious Union-State relations.

Q3: Analyze the importance of residual powers in the Indian federal system and their allocation to the Union government.

Answer: Residual powers in India’s federal system refer to the authority to legislate on subjects that are not explicitly mentioned in the Union, State, or Concurrent Lists. As per Article 248 of the Constitution, these residual powers are vested in the Union government, granting it the exclusive right to legislate on matters not covered by the existing lists.
The allocation of residual powers to the Union government reflects India’s quasi-federal structure, where the central government holds more authority than the States. This is different from some other federal systems, where residual powers are allocated to regional governments. In India, the allocation of these powers to the Union ensures uniformity in addressing new and unforeseen issues that may arise, particularly in areas like technology, communication, and international relations.
However, this centralization of residual powers can sometimes lead to friction between the Union and States, especially when States feel that their autonomy is being curtailed. Nonetheless, the allocation of residual powers to the Union remains essential for maintaining the unity and integrity of the nation, enabling the central government to address national concerns efficiently.

Previous Year Questions on  Division of Powers

1. UPSC CSE 2018

Question: Discuss the significance of the Seventh Schedule in the Indian Constitution and its role in maintaining federalism. 

Answer: The Seventh Schedule of the Indian Constitution plays a crucial role in maintaining India’s federal structure by clearly delineating the distribution of legislative powers between the Union and State governments. It consists of three lists: the Union List, State List, and Concurrent List.

• Union List: Contains subjects of national importance, such as defence, foreign affairs, and atomic energy, on which only the Union government can legislate.
• State List: Contains subjects like police, public health, and agriculture, over which the States have exclusive legislative authority.
• Concurrent List: Includes subjects like education, criminal law, and marriage, on which both the Union and States can legislate, though Union law prevails in case of a conflict.
  The Seventh Schedule ensures a balance between the autonomy of States and the authority of the central government, promoting cooperative federalism. However, it also provides mechanisms to resolve conflicts between Union and State laws, ensuring that the integrity of the nation is maintained. This division of powers is essential for accommodating India’s diversity while fostering national unity.

2. UPSC CSE 2019

Question: Analyze the role of Article 254 in resolving conflicts between Union and State laws on Concurrent List subjects. 

Answer: Article 254 of the Indian Constitution plays a vital role in resolving conflicts between Union and State laws on subjects enumerated in the Concurrent List. It ensures that in case of a conflict between a law passed by a State legislature and a law passed by the Parliament, the Union law will prevail, provided the Union law is consistent with the Constitution.
However, if a State law that conflicts with Union law has received the President’s assent, the State law can prevail within that State. This provision balances the authority of both the Union and State governments by providing a mechanism for resolving disputes over legislation on Concurrent List subjects.
Article 254 thus helps maintain the supremacy of Union law while allowing flexibility for States to have their own laws in certain circumstances, ensuring that both levels of government can function effectively without compromising federal principles.

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