INTRODUCTION

The constitution of India was adopted on 26th November 1949 and came into force on
26th January 1950. It had 395 articles in 12 parts and 8 schedules at the time of its
commencement. With the amendments brought by the parliament in the constitution
over the years, we have 445 articles, 25 parts ad 12 schedules currently in the Indian
Constitution.

Schedule 7 of the Indian constitution talks about the functions and legislative powers
allocated to the union and state governments. The schedule consists of three lists
namely:
 Union List
The union list contains of the subjects on which the Union government has the
authority to legislate laws and amend them. There is a total of 98 subjects in the union
list.

 State list
The state list contains the subjects on which the state governments have the authority
to legislate laws and amend them. There is a total of 59 subjects in the State list.

 Concurrent list
The concurrent list contains of total 52 subjects. These subjects are under the joint
domain of both the union as well as the state government i.e., both the union and the
state government can legislate and amend laws on these subjects.

In this research paper, we’ll critically analyze the relationship between the different
subjects mentioned in Schedule 7 as a whole and the conflicts arising between the
Union and the state governments on the matters of legislation on the subjects
mentioned under the concurrent list. We’ll also study different principles of
interpretation with the help of case laws, articles, and books relating to the entries of
schedule 7 of the Indian constitution.

LITERATURE REVIEW

BOOK REVIEW

1) Comparative Federalism Theory and Practice 1

The study of federalism construed in its broadest sense is fraught with difficulties that
are reflected in both theory and practice. The term ‘federal’ has both an empirical and
a theoretical resonance. In this book, it has been argued that while such a thing as
federal theory does exist, there is, as yet, no fully fledged theory of federalism. At best
there is a partial theory based upon rigorous conceptual analysis and the pursuit of
terminological precision. At worst there is crass empiricism rooted in the failure to
develop concepts and define the key terms. Without this fundamental preparation, it is
1
Michael Burgess, Comparative Federalism Theory and Practice, Vol: 1, Routledge, 2006
 not possible to engage in genuine comparative analysis that has theoretical
implications.

ARTICLE REVIEW

1) Fiscal Federalism: Nature and Features of India's Federal Polity.2

Fiscal federalism is a subject of topical interest in India in view of some recent

developments of historical importance, including the introduction of goods and
services tax (GST). This paper discusses the three-tier federal structure of India with
governments at Union, States and Local levels. It also explains the rationale behind
the Centrally biased Constitution, which was envisaged by the founding forefathers as
a means to reduce economic disparities and protect India's unity, integrity and
sovereignty against external aggression and internal disruption. Federalism with the
cultural and ethnic pluralism has given the country's political system great flexibility,
and therefore the capacity to withstand stress through accommodation.

2) Prelude to the Separation of Powers. 3

This article examines the doctrine of separation of powers and attempts to defend the
validity of a diversity of different conceptions of the doctrine. It also links the
separation of powers to efficiency, arguing that at the core of every manifestation of
the doctrine is the efficient allocation of function to form. The structure of the courts
and legislature are examined, and it is argued that a link can be drawn between these
institutions and the legislative and judicial tasks. The relationship between political
theory and constitutional theory is also discussed.

3) Asymmetric Federalism in India.4

The focus of this paper is unequal arrangements and special treatment for some units
within Indian federalism, namely. We first explore the conceptual issues - the causes
and consequences of asymmetric federalism. Next, we trace the evolution of Indian
federalism and analyze the factors contributing to the asymmetric arrangements in
political, administrative and fiscal relations. We bring out asymmetric arrangements
arising from constitutional arrangements or conventions evolved over the years.
Recent political developments and asymmetric treatment due to administrative and
political exigencies are also analyzed.

REPORT REVIEW
2
Anurag, M., 2022. Fiscal Federalism: Nature and Features of India's Federal Polity. [online] Indianjournals.com.
Available at: <https://www.indianjournals.com/ijor.aspx?target=ijor:vjit&volume=6&issue=1&article=007> [Accessed 1
September 2022].
3
N.W. Barber, Prelude to the Separation of Powers, Volume: 60, The Cambridge Law Journal, March 2001.
4
Rao, M. Govinda, and Singh, Nirvikar, Asymmetric Federalism in India. UC Santa Cruz International
Economics Working Paper No. 04-08, April 2004.
1) Commission on center-state relations report volume ii on constitutional
governance and the management of center-state relations march 20105.

The report has explored the current situation between the Union and the States. It
relates to all areas of power, function, and responsibility, including administrative
relations, legislative relations, emergency provisions, the role of governors, economic
and social planning, resource sharing, Panchayati Raj organizations, and financial
relations. The report additionally incorporates interstate river water, and suggestions
are made in light of functional difficulties. Based on the Constitution's broad
framework and in light of socio-political changes sweeping the country in quick
succession, the report recommends steps to improve good governance for improving
the quality of life of the people.
In addition to other things, the report looks at the dispute between Union-State
relations and the actions taken to resolve them, analyzes the issues that keep on
hindering smooth relations between the Union and the States, and lastly surveys the
protected arrangements pointed toward advancing great administration and social
government assistance.

STATEMENT OF PROBLEM

1) In a federation like India, do we have a central bias in the division of power between
the Union and the States under the seventh schedule of the constitution and does it
lead to encroachment of power between the Union and the State, and how does the
judiciary act using its judicial interpretation power in such situations?

OBJECTIVES

1) To study the reasons behind the encroachment of powers between the state and the
union government of India and the judiciary's role in such encroachment in connection
with judicial interpretation.

2) To examine to what extent can we gauge that there is a central bias in India? And to
what extent does the central bias leads to encroachment of powers of the state
government by the central government?

3) To study the different disputes between the Union and the state government over the
matters contained in the three lists in the 7th schedule of the Constitution of India,
especially during the covid-19 pandemic and its judicial interpretation.

HYPOTHESIS

5
Commission on center-state relations report volume ii on constitutional governance and the
management of center-state relations march 2010 Scconline.com.eu1.proxy.openathens.net. 2022
http://www.scconline.com.eu1.proxy.openathens.net/DocumentLink/XzRoDDLk.
1) The division of power between the centre and the state under schedule 7 of the
constitution of India clearly shows Central bias and the union government is often
found encroaching on the powers of the state government.

RESEARCH METHODOLOGY

The method of research adopted by the researcher is the doctrinal method. The
researcher would analyze the Constitution of India, statutes, case laws, articles,
essays, reports, and books as a part of the research.

CHAPTERISATION (TENTATIVE)

Chapter 1: Introduction

Chapter 2: Analysis of The Seventh Schedule of The Constitution

1) Analysis of the need for the Three List

2) Problems with the Three List

Chapter 3: Analysis of The Central Bias In Separation Of Powers

1) Is there a Central Bias?

2) To what extent there is a Central Bias?
3) Isn't it affecting the Federal System of the Country?

Chapter 4: Issues and Concerns in The Intergovernmental and Legislative

Relations Between Union and States

1) Analysis of Issues and Concerns in Intergovernmental Relations

2) Analysis of Issues and Concerns in Legislative Relations Between Union and States

Chapter 5: Analysis of Emergency Provisions and Constitutional Governance

1) Examine the Emergency Provisions

2) Analysis of Major Issues Related to Emergency

Chapter 6: The Role of Judiciary in Case of Disputes

1) Examine the Provisions of Judicial Interpretations

2) Analysis of Related Case Laws

Chapter 7: Conclusion and Suggestions