The 7th Schedule is vital for demarcation of legislative powers, yet it disproportionately empowers the Union, diluting the federal spirit. Comment.
Main Body
7th schedule classifies the legislative powers into union list, concurrent list and state list. Disproportionately empowers centre: → More subjects in union list compared to state list. → Residuary powers with centre. → Union list prevails over state & concurrent list (doctrine of pith & substance) → Union laws prevail over state laws in concurrent list. Union can legislate on state subjects articles if: • Rajya Sabha passes resolution • Under emergency • For implementation of external treaties → Union control over state laws through reservation of some bills for president's assent • Some bills can only be introduced with prior recommendation of president
Any change in federal features through amendments require approval of minimum 50 / states. Certain federation is more of executive federalism. K.C Wheare calls India as quasi federal.
— Ritu Goyal · AIR 223
Conclusion
24 words
Ritu Goyal
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Union and State Functions
Union and State Functions
157
Total words
1
Paragraphs
formal and analytical
Tone