Critically analyse the division of powers under Indian Constitution.

Division of powers under Indian Constitution:

The basic provisions regarding the distribution of powers between the Central and Provincial (state) governments in the Indian Constitution are present in Part XI (Article 246) of the Constitution. 

This part is divided into two chapters – legislative relations and administrative relations. Indian Constitution has followed a system in which there are two lists of legislative powers, one for the Centre and the other for the State. The residue is left for the Centre.

This system is similar to the one in the Constitution of Canada. Following the Constitution of Australia, an additional list has been included in the Constitution of India, namely the Concurrent List.

The Constituent Assembly of India followed the system of division of power as was envisaged in the Government of India Act of 1935 regarding the provisions about divisions of power in India.

1. The State List:

The State List consists of sixty-six items. Some of the most important of these items are as follows – public order, police, administration of justice, prisons, local government, public health and sanitation, education, agriculture, animal husbandry, water supplies and irrigation,

land rights, forests, fisheries, moneylending, State Public Service Commission, land revenue, taxes on agricultural income, taxes on lands and buildings, estate duty, taxes on electricity, taxes on vehicles, taxes on luxuries, etc.

The selection of these items is based on local interest, and it envisages the possibility of the diversity of treatment with respect to different items in different States of the Union.

2. The Concurrent List:

The Concurrent List consists of forty-seven items. These are items with respect to which uniformity of legislation throughout the Union is desirable but not essential.

As such they are placed under the jurisdiction of both the Union and the States.

The list includes items such as marriage and divorce, transfer of property other than agricultural land, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, security, labour welfare, electricity, newspapers, books and printing presses, stamp duties, etc.

The Parliament of India and state legislatures have concurrent powers of legislation over the items included in this list. 

Once Parliament enacts a law on an item in this list, the parliamentary law shall prevail over any state law on an item. There is, however, one exception to this general rule.

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