Model Answer
0 min readIntroduction
The Indian Constitution meticulously delineates legislative powers between the Parliament (Union) and State Legislatures through Schedule List I, II, and III. This allocation aims to prevent conflicts and ensure efficient governance within a federal structure. However, the principle of “keeping within one’s domain” is often tested by instances where legislatures attempt to legislate on subjects outside their purview – a phenomenon known as legislative encroachment. The 73rd Amendment (1992) and 74th Amendment (1992), empowering Panchayats and Municipalities respectively, exemplify the complexities of this allocation, demonstrating how evolving socio-economic needs can blur jurisdictional lines and require reinterpretation or cooperative action. This answer will critically analyze this principle, exploring its justifications, challenges, and potential remedies.
The Foundation: Division of Legislative Powers
The Constitution establishes a dual polity with distinct legislative lists. Parliament has exclusive power over subjects in List I (Union List), State Legislatures over those in List II (State List), and concurrent powers are shared (List III). Article 245 mandates that each House of Parliament and every State Legislature can only make laws within its competence.
Justification for Adherence to Domain
- Preventing Conflict: Clearly defined jurisdictions minimize legal ambiguity and potential conflicts between Union and State laws.
- Ensuring Accountability: Accountability is easier when legislative responsibilities are clearly assigned. Citizens know who to hold responsible for policy outcomes.
- Promoting Decentralization: Adherence supports the spirit of decentralization enshrined in the Constitution, empowering states to cater to local needs.
Challenges & Instances of Encroachment
Despite the clear delineation, encroachment is inevitable due to:
- Overlapping Interests: Many issues (e.g., education, public health) impact both Union and State interests.
- Evolving Needs: Social and economic changes necessitate legislative adjustments that may blur jurisdictional lines.
- Inter-State Variations: Disparities in development levels require tailored solutions sometimes necessitating Union intervention.
Examples of Encroachment
| Area of Encroachment | Description | Relevant Article/Provision |
|---|---|---|
| Education | While education is primarily a State subject (List II, Entry 16), the Right to Education Act (RTE) – passed by Parliament – establishes national standards and regulations. This has been perceived as encroachment by some states arguing for greater autonomy. | Article 244(1), RTE Act, 2009 |
| Public Health | The National Pharmaceutical Policy influences state-level drug regulation, potentially exceeding the State’s legislative authority on health matters (List II, Entry 18). | Article 246(3), National Pharmaceutical Policy |
Cooperative Federalism and its Role
The concept of Cooperative Federalism emphasizes collaboration between the Union and States. Mechanisms like the Inter-State Council (established under Article 263) are intended to foster consultation and coordination. The NITI Aayog also serves as a platform for policy formulation and implementation, involving states in national planning.
Resolving Jurisdictional Disputes
- Inter-State Council: Provides a forum for discussing disputes and recommending solutions.
- Presidential Reference (Article 132): Allows state governments to seek the President's opinion on the constitutionality of Union laws impacting State interests.
- Judicial Review: The Supreme Court ultimately interprets the Constitution and resolves disputes regarding legislative competence.
The Case Study: GST Implementation
The Goods and Services Tax (GST) represents a significant example of cooperative federalism, but also highlights challenges in jurisdictional alignment. The dual GST model requires both Union and State governments to levy taxes on the same base, demanding constant coordination and agreement on rates and procedures. Initial implementation faced issues due to varying interpretations and state-specific concerns regarding revenue loss.
Recent Developments: Increased Centre-State Tensions
Recently, there's been an increase in tension over laws like agricultural reforms (farm laws, now repealed) where the Union government attempted to legislate on subjects traditionally within State purview. This highlights a recurring challenge – balancing national priorities with state autonomy.
Conclusion
The principle of adhering to assigned legislative domains remains fundamental for maintaining constitutional harmony and accountability in India's federal structure. While absolute segregation is impractical given the interconnectedness of modern governance, mechanisms promoting cooperative federalism and robust judicial review are essential. A proactive approach involving continuous dialogue, flexible interpretations, and a willingness to compromise between Union and State governments can mitigate encroachment and strengthen the foundation of Indian democracy.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.