How has Power been distributed between Centre and State?

India is governed by a federal structure. The provincial or state government and the central government both oversee the same territory in a federal organization. That means two levels of government are in charge of the same land. There is a larger risk of confrontation between the state and the center under such circumstances. There’s a risk that the state and the federal government aren’t run by the same political party, and there’s a chance that power and control are distributed unfairly. So there should be norms and laws to identify what the state can regulate and what the center can govern to maintain peace. The division of powers is another term for this. 

Power Distribution between the Centre and State

Power Distribution between the Centre and State

This division delegated authority to the State and the Center and issued regulations that results in the coordination between them

The Indian Constitution’s 7th schedule lays forth the separation of powers. There are three different lists:

1. Union list
2. State list and 
3. Concurrent list

• The Union List: The union list enumerates subjects over which the union or the federal government has legislative and regulatory authority. There are now 98 subjects. The union list includes topics such as defense, communication, foreign affairs, atomic energy, census, and so on.
• The State List: The state list includes a list of things or subjects over which the state government has total legislative jurisdiction. This list currently contains 59 entries. State police, health, agriculture, and local governments are among them.
• The Concurrent list: This list contains topics on which both the Parliament and the state governments can pass legislation. There are 52 subjects on the concurrent list at the moment. The concurrent list includes subjects such as civil procedure, electricity, drugs, marriage and divorce, social planning, and so on.
• Residuary subjects: These are topics that don’t appear on any of the lists. The residuary matters are under the control of the parliament.

In Other Countries

Only the central powers are listed in the United States Constitution; all other powers (residuary powers) are delegated to the states.
The central and provincial powers are stated in Canada, with the residuary powers placed in the state government. 

In India

In India, a similar situation to Canada exists. Except for the topics stated in the state list, the parliament or the center has power over everything. As a result, the Indian system is federal, with a powerful central government.

In case of conflicts

Even though the lists outlining and segregating the domains of authority between the center and the state are in effect, there is a good risk that power may overlap.
The constitution has established the dominant levels of government based on the lists in the event of a conflict.

• In the event of a power conflict between the union and state lists, the union list will take precedence.
• If the state and concurrent lists overlap, the concurrent list will take precedence.
• In the event of a dispute between the union and concurrent lists, the union list will take precedence.
• In the concurrent list, if there is a dispute between the state and central law, the central law takes precedence. (If the state law is proposed for President’s consideration, there is an expectation.)

Special conditions

Certain special conditions are as follows-

Presidents Rule

When a state is under the president’s rule, the union has complete authority over any issue on the state list. In this circumstance, any laws passed by the parliament will remain in effect even after the President’s rule ends. 

During emergencies

During a national emergency, the Parliament will have complete control over the state list. The laws enacted during this time will become ineffective six months after the emergency has ended. During a financial emergency, the President can direct states to hold money bills and other financial laws passed by state legislatures for his consideration. Apart from the capacity of the Parliament to act directly on state topics under extraordinary circumstances, the Constitution authorizes the Centre to exercise control over state legislative concerns in the following ways:

• The governor has the authority to reserve certain types of laws passed by the state legislature for presidential consideration. The president has complete control over them. 
• Bills on specific topics included in the State List can only be introduced in the state legislature with the president’s prior approval. 

Related Links

1. What is Federalism?
2. How is Federalism practiced in India?
3. What makes India a Federal Country?

Frequently Asked Questions

Q 1. Explain the federal system in India.

Answer-

One area is ruled by two levels of government under a federal system: state and federal government. In certain countries, federalism is so strong that the state government has more power than the central government. In the United States, for example, the state has authority over everything except those listed in the federal list. In countries like Canada and India, however, the center has more power than the state. As a result, Indian federalism can be described as a federal system with a strong central government.

Q 2. What is the necessity to distribute powers between the center and the state?

Answer-

In a federal system where there are two levels of government, there is a greater likelihood of conflict between the state and the center. There’s a potential the state and federal governments won’t be run by the same political party, and power and control will be dispersed unequally. To ensure peace, there should be norms and regulations that define what the state can regulate and what the center can govern. Another word for this is the division of powers. This division will give the State and the Center authority and produced regulations that result in coordination between them.

Q 3. Explain how the powers are distributed according to the Indian Constitution.

Answer-

In India, powers are apportioned between the states and the center via prepared lists that outline the areas in which each level of government can exercise authority. They are specifically

1. Union list
2. State list and 
3. Concurrent list

As a result of these lists, authority is distributed and a smooth government is established.

Q 4. How are the conflicts between the powers managed?

Answer-

Despite the fact that lists defining and dividing the realms of authority between the center and the state are in place, there is a good chance that power will be overlapped
In the event of a struggle, the constitution has established dominance levels of government based on lists.

• If a power struggle arises between the union and state lists, the union list will prevail.
• If the concurrent and state lists overlap, the concurrent list takes precedence.
• If a conflict arises between the union and concurrent lists, the union list will prevail.
• If there is a conflict between state and central law on the concurrent list, the central law takes precedence.