30 Facts about the Distribution of Powers between the Union and the States in India

Here are 30 important and potentially confusing facts about the Distribution of Powers between the Union and the States in India, which can help in your UPSC CSE preparation:

1. The Constitution of India divides the powers between the Union and the States into three lists: the Union List, the State List, and the Concurrent List, as outlined in Article 246.
2. The Union List (List I) consists of subjects that are of national importance, and only the Union Government can legislate on these matters. Examples include defense, foreign affairs, atomic energy, and interstate trade.
3. The State List (List II) comprises subjects that are of local or regional significance, and State Governments are responsible for legislating on these matters. Examples include police, public health, agriculture, and local government.
4. The Concurrent List (List III) includes subjects where both the Union Government and State Governments can legislate. If there is a conflict, the law made by the Union Government prevails. Examples include criminal law, education, marriage, and bankruptcy.
5. The Residuary Powers (Article 248) rest with the Union Government, meaning that any subject that is not mentioned in any of the three lists can be legislated by the Union Government.
6. Article 249 allows the Union Parliament to legislate on matters in the State List if the Rajya Sabha passes a resolution by a resolution of resolution for national interest. This provision is called the Parliamentary Power over State List.
7. Article 252 allows two or more states to request the Union Government to legislate on a subject in the State List. Once the law is enacted, it will apply to the states that have asked for it, and other states can adopt it later.
8. The Union Government has exclusive power over matters of defense, foreign policy, and national security, which are crucial for maintaining the unity and integrity of the nation.
9. The State Government has the power to legislate on matters relating to local governance, law and order, and public health. This is to ensure that states have control over the issues affecting their own citizens.
10. The Constitution allows for centralization of power during times of emergency, particularly under Article 352 (National Emergency), Article 356 (President’s Rule), and Article 360 (Financial Emergency).
11. Article 256 requires the states to comply with the laws made by the Union Parliament, and Article 257 allows the Union Government to give directions to the states for the implementation of Union laws.
12. Article 263 provides for the Inter-State Council, which serves as a platform for resolving disputes between states and facilitating cooperation among them.
13. The distribution of powers between the Union and States ensures that both levels of government have defined areas of jurisdiction but can collaborate on matters in the Concurrent List.
14. The Union List contains subjects that are essential for maintaining the sovereignty and integrity of the country, such as defense, foreign affairs, and interstate commerce.
15. State List subjects mainly pertain to matters related to regional issues like agriculture, public health, and local governance, which are better managed at the state level due to proximity to the people.
16. The Concurrent List contains subjects of common interest to both the Union and the States, and it allows both levels of government to legislate. However, in case of conflict, the Union law prevails under Article 254.
17. In case of a dispute between the Union and States regarding the distribution of powers, the Supreme Court has the final authority to adjudicate under Article 131.
18. The Central Government has the authority to intervene in state matters under Article 355 if it believes that the governance of a state is not being conducted according to the provisions of the Constitution.
19. The Union Government can also impose President’s Rule in a state under Article 356 if the state government is unable to function according to the Constitution, effectively centralizing power.
20. The Parliament has the power to legislate on matters in the Concurrent List but can override state laws if there is a conflict. This makes the Union Government more powerful in case of disagreement.
21. The Constitution provides for financial independence of states through the Finance Commission (Article 280), which recommends the distribution of taxes between the Union and the States.
22. The Finance Commission recommends the sharing of central revenues with states, ensuring that states have the necessary funds to implement their duties and responsibilities.
23. Article 265 stipulates that no tax can be levied or collected except by authority of law. Both the Union and States have powers to levy taxes within their respective areas of jurisdiction.
24. Article 268 to 279 outline the taxation powers of the Union and States, including Union excise duties, state sales taxes, and shared taxes like income tax.
25. The Union Government has the exclusive power to deal with matters related to international treaties, foreign policy, and national defense, as these are seen as essential for the country’s sovereignty.
26. The State Governments can legislate on matters such as police powers, public health, and education, which are essential for local governance but must also comply with overarching national standards.
27. Under the Emergency Provisions (Articles 352-360), the Union Government can assume greater control over states in times of national crisis. This could include assuming power to legislate on matters in the State List.
28. Article 258 allows the Union Government to provide financial assistance to states for executing projects of national importance, such as the construction of highways or inter-state irrigation projects.
29. The Union Government also has the power to legislate on matters that are in the concurrent list, such as criminal law, education, and bankruptcy, to ensure uniformity across the country.
30. While the Union Government maintains exclusive control over matters related to national defense, foreign relations, and currency, states retain significant powers to address local issues such as public health, agriculture, and local police.

The distribution of powers between the Union and the States ensures that each level of government can function effectively within its jurisdiction while respecting the overall framework of the Indian federal structure. Understanding this distribution is essential for understanding India’s political system and is a crucial topic for the UPSC CSE exam.