7th Schedule to Indian Constitution
In recent days many experts advocated revisiting the seventh schedule of the Indian constitution.
Schedules: These are an appendix to the Indian Constitution which categorizes and tabulates similar activities and policies. There are 12 schedules to the Indian Constitution and the list is here:- CLICK HERE
Evolution of 7th schedule
Here we will look into the 7th schedule in detail starting from its origin day in 1861 to the present-day scenario.
1861, Indian Council Act: The act brought a provincial legislative council into existence and marked the beginning of representative institutions by associating Indians in law-making. These councils were responsible for passing the laws for the province. Some of the legislative councils to name were Assam, Bengal, Bombay, Madras, Punjab, North-West Frontier, Coorg, etc.
1882, Lord Ripon’s Resolution: It introduced elected municipal councils and rural district boards. It was a landmark as members of provincial councils were non-official and nominated by Viceroy; here members of municipal councils and rural district boards would be elected representatives.
1909, Government of India Act: Enabled more Indian representation in the provincial council, and the number of members was not uniform and also allowed provincial legislative councils to have a non-official majority.
1919, Government of India Act: Also known as the famous Montagu-Chelmsford reform, it demarcated and separated the central and provincial subjects and was authorized to make laws on respective lists which resulted in relaxing central control over provinces. All these changes were maintained under the centralized and unitary structure of government.
1935, Government of India Act: The act divided powers between the center and units (provinces and princely states) into 3 list
1.Federal list: on listed 59 subject laws to be made by the Centre
2.Provincial list: on listed 54 subject laws to be made by provinces
3.Concurrent list: on listed 36 subject laws to be made by both Centre and Provinces.
Viceroy had control over the residuary list.
7th Schedule
Division of powers between union and state in terms of 3 lists
list 1 is a union list consisting of 100 numbered items at present
list 2 which is a state consisting of 61 numbered items at present
list 3 is a concurrent list consisting of 52 numbered items at present
It enables responsive governance and orchestrates the federal nature of Indian polity. It helps to bolster the spirit of cooperation between the union and states and also ensures unity and integrity of India
Article 246 of the Constitution provides distribution of powers and responsibility between the state and central government (for 3 lists) and
Article 248 of the Constitution confers residuary power on the Parliament for subjects that are not mentioned in the state or concurrent list.
Why revisit the 7th schedule…?
Lists were inherited from the Government of India Act 1935 hence its been archaic and needs to be updated with the changing time.
The shifting of items from one list to another shows the pattern of centralization in times of decentralization.
To ensure existing and new entries are appropriately placed as per the need and ease of governance, and ultimately deliver efficient services.
The periodic review is a must to boost cooperative federalism through a high-powered commission consisting of eminent lawyers and jurists or persons with administrative experience in the field.
Some suggestions on this matter are given by the famous Sarkaria Commission (1988) and M.M. Punchi Commission (2010). With changing time and governance methods it is necessary to revisit the archaic list as the distribution of power is not constant and remains in flux.
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