Federalism in India

of the constitution declares that India, that is Bharat, shall be a Union of States. of the Indian constitution defines the power distribution between the federal government (the Centre or union) and the States in India. This part is divided between legislative, administrative and executive powers. The legislative section is divided into three lists: Union list, States list and Concurrent list.

The constitutional powers devolved to each state are not the same. The state of Jammu and Kashmir was accorded higher degree of federalism under Article 370 read with Appendix I {The Constitution (Application to Jammu and Kashmir) Order, 1954} of the Indian constitution. The Union Territories of Delhi and Puducherry are accorded lesser degree of federalism under Article 239A and 239AA respectively and these territories are not included in the list of states in Schedule I of the constitution. The other union territories are directly governed by the union government.

The power of the states and the Centre are defined by the constitution and the legislative powers are divided into three lists. i.e.

Union List consists of 100 items (previously 97 items) on which the parliament has exclusive power to legislate including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High Courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty, terminal taxes.

State List consists of 61 items (previously 66 items). Uniformity is desirable but not essential on items in this list: maintaining law and order, police forces, healthcare, transport, land policies, electricity in state, village administration, etc. The state legislature has exclusive power to make laws on these subjects. But in certain circumstances, the parliament can also make laws on subjects mentioned in the State list, then the Council of States (Rajya Sabha) has to pass a resolution with 2/3rd majority that it is expedient to legislate on this state list in the national interest.

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