The Seventh Schedule is one of the 12 schedules of the Indian Constitution. It is an important provision that regulates the relationship between the Center and the State. The 7th schedule of Indian constitution deals with the division of powers between the Union and State Governments. The Legislative subjects in the 7th schedule of Indian constitution are divided between the Center and the State. The division is done under three lists – the Union list (List I), the State list (List II), and the Concurrent list (List III). 

The 7th schedule of Indian constitution is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus. It also comes under General Studies Paper-1 of the UPSC Prelims Syllabus of the UPSC Exam.

In this article, we shall study the various lists, important subjects under the concurrent list, and residual powers of the 7th schedule of Indian constitution for the UPSC exam.

Study the following article on schedule 7 of Indian constitution, as it is a very important topic for the UPSC Exam.

About the Seventh Schedule of Indian Constitution

The Constitution of India, the supreme law governing the country, consists of several articles dealing with the division of powers between the Center and the State. The 7th schedule of Indian constitution specifies the allocation of powers and functions between the Union and states. 

Article 246, which is under the 7th schedule of Indian constitution, is one such article. Under this article, the legislative powers of the Union and the State are demarcated. The 7th schedule of Indian constitution contains a State List of 59 subjects (Originally 66) items.

Article 246 divides the subject matter of laws made by the Parliament and the State Legislature under three lists. They are:

• List I – Union List
• List II – State List
• List III – Concurrent List

To amend the 7th schedule of Indian constitution, a special majority of the Parliament and ratification of half of the State Legislatures by a simple majority is required.

Let us discuss the important subjects dealt with under each list, one by one.

Study the Right To Equality Articles 14 to 18 here.

Union List of the 7th schedule of Indian Constitution - List 1

• The Union List includes subjects that are of national importance and are best handled by the central government.
• The Union government has exclusive power to legislate on these subjects.
• This means that only the Union government can make laws on these subjects.
• The state governments cannot make laws on these subjects.

State List of the 7th schedule of Indian Constitution - List 2

• The State List includes subjects that are of local importance and are best handled by the state governments.
• The state governments have exclusive power to legislate on these subjects.
• This means that only the state governments can make laws on these subjects.
• The Union government cannot make laws on these subjects.

Concurrent List of the 7th schedule of Indian Constitution - List 3

• The Concurrent List includes subjects that are of common interest to both the central and state governments.
• Both the Union and state governments have the power to legislate on these subjects.
• However, in case of a conflict between a Union law and a State law on a subject in the Concurrent List, the Union law prevails.
• This means that the Union law will take precedence over the State law.

Study the Making of the Indian Constitution here.

Important Subjects of Union, State & Concurrent List

Major Subjects of Union List

Here are the subjects included in the Union List:

Major Subjects of State List

Here are the subjects included in the state list:

Major Subjects of Concurrent List

Here are the subjects included in the Concurrent List:

Read the Fundamental Rights under the Indian Constitution here.

Residual Powers of the Seventh Schedule

The subjects not included in any of the three lists (Union list, State list, Concurrent list) of the 7th schedule of Indian constitution come under the residual list.

Article 248 of the Indian Constitution has conferred the Parliament the power to make laws pertaining to subjects under the residual list. Subjects such as information technology, space technology, cyber laws, etc., which came up after the adoption of the Indian Constitution, are placed under this list.

Study the Sessions of the Indian parliament here.

Issues With The Seventh Schedule 

• According to the 7th schedule of the Indian constitution, the Indian states should act autonomously. However, various provisions of the Constitution favours the centralisation of power. Examples of such provisions are as follows,
  • Whenever the law passed by the State legislature is repugnant to the Central laws, the Parliamentary law prevails. (Article 254)
  • The Parliament has conferred the right to make laws related to the residuary subjects. (Article 248)
  • In the national interest, the Parliament can make laws pertaining to the State subjects. (Article 249) 
• Several states have been demanding to vest greater powers on the state by restructuring the seventh schedule of the Indian Constitution. In 1969, the Tamil Nadu government appointed the P.V. Rajamannar Committee to analyse the Center-state relations and recommended provisions for the state's autonomy and federalism at the centre. 
• There needs to be more clarity in the interpretation of the roles of the Union and State. One such example is the imposition of a national curfew by the Central Government during the COVID pandemic. Since health and public order came under the state list, the states invoked the Epidemic disease act of 1897 and imposed a curfew. However, the Union government imposed a country-wide curfew by invoking the Disaster Management Act of 2005. 

Check out the Emergency Provisions of the Constitution here.

The country's federal structure can be strengthened by restructuring the subjects under the three lists of the Seventh Schedule of Indian Constitution. At the same time, some of the obsolete subjects should also be removed from the lists.

7th Schedule Of Indian Constitution (UPSC Polity): Download PDF Here!

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