Dividing Power, Defining Federalism: Rethinking The Seventh Schedule
- IJLLR Journal
- 7 hours ago
- 1 min read
Naga Suganeswar N, Christ University, Pune Lavasa Campus
ABSTRACT
The Indian Constitution's Seventh Schedule establishes India's federal framework through its distribution of legislative authority among three categories which include the Union List which hold 97 subjects, State List which hold 66 subjects and the Concurrent List with 47 subjects respectively in it. The study evaluates how these legal boundaries create federal relations but create conflicts and uncertainties between central and state powers because the Concurrent List allows Union laws to take precedence in cases which violate Article 254 rights of states. The examination brings the relevance of major landmark judicial precedent, such as M. Karunanidhi case and Government of NCT of Delhi case, to demonstrate how state laws lost their authority through central government control which prolonged more than 15 years.
The data shows that Hon'ble Supreme Court federal disputes originate from Concurrent List uncertainties which interact with current issues including environmental control and digital governance and data security which NITI Aayog reports show have more than 60% overlap. The document examines how India implemented 105 constitutional changes until 2024 which demonstrates the nation's shifting federal structure in comparison to the United States' 27 constitutional amendments and Canadian system's 12 constitutional changes. The study also demonstrates how regional groups need to make changes because the Law Commission identified these needs in its 2017 report which recommends that Inter-State Council should have greater responsibilities according to Sarkaria (1988) and Punchhi (2010) Commissions. This study also recommends reassessing the Seventh Schedule to establish flexible systems which allow states to manage their regional responsibilities.
Keywords: Constitution, 7th Schedule, Central Supremacy, Federalism, Concurrent List
