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Q. Federal tensions in India highlight the need for reforming the Seventh Schedule through the addition, removal and appropriate placement of entries. Discuss.

Approach:

• Briefly explain the division of jurisdiction between Union and States in the Seventh Schedule.
• Highlight the need for modification of the Seventh Schedule.
• Discuss the various reforms required in terms of addition, removal and appropriate placement of entries
• Conclude accordingly.

Answer:

The Constitution of India under Article 246 divides the subject matters on which the laws can made  by the Parliament and by the Legislatures of States. The Seventh Schedule contains this division of  subjects, distributed into three lists i.e. the ‘Union List’, the ‘State List’ and the ‘Concurrent List’.  However, it is said that the division of subjects in the Schedule is skewed towards the Centre, giving  it unbridled power.

Many states have demanded functional and structural rebalancing of the ‘list’ system of the  Schedule. Undue centralization, with the Centre misusing inter-linked entries and occupying needlessly excessive fields in the Concurrent List entries, distorts the federal structure. Also, the needs of governance have evolved over time that has not been reflected in the current  distribution of subjects.

Some of the proposed changes include:

• Appropriate placement:

Some subjects need to be transferred to the State list or the Concurrent list keeping in mind the interstate asymmetry, diversity of cultural groups and  federal ethos.

This would allow the states to respond effectively and efficiently to the needs of  These subjects include:

• • Labour: Labour conditions cannot be uniform in a heterogeneous country like India. A lot of labour regulation depends on the level of development and therefore, should be the sole  domain of the states.
  • Land: Although mentioned explicitly under state list, it overlaps with acquisition and requisition of property (entry 42 of the concurrent list), and also transfer of property other  than agricultural land (entry 6 of concurrent list.)
  • Prevention of Cruelty to Animals: Since practices relating to animals form part of the local communities practices and therefore should be regulated by states.

To ensure that division of powers is robust and representative of the needs of the society and governance, several new entries need to be accommodated. These  include:

• • Disaster management: Not mentioned explicitly, this subject can be added under the concurrent list. Though traditionally a domain of the state government, the financial,  technical and logistical support of the center is equally important, as seen in the COVID-19′
  • Consumer protection: Power to legislate over this subject is scattered across several entries in a piecemeal manner. Considering its contemporary relevance, a separate entry  on consumer protection must be added under the concurrent list.
  • Emerging technologies: With emergence of new technologies like Artificial Intelligence, it is crucial that their degree of regulation is identified, that can be explicitly mentioned  under concurrent list.
  • Environmental protection: There is absence of a unified entry on environmental protection, rather legislative competence on this subject is drawn from various sources.

Any modification to the Seventh Schedule should observe and adhere to the principles of unity and  integrity, balanced economic development, cultural diversity and responsive governance.