In India, the distribution of responsibilities between the Union (Central) Government and the State Governments is governed by the Seventh Schedule of the Indian Constitution. This Schedule divides the subjects into three categories:
1. Union List (List I):
These are subjects on which only the Union Government can legislate. Examples include:
Defense
Foreign Affairs
Atomic Energy
Railways
Postal Services
2. State List (List II):
These are subjects on which only the State Governments can legislate. Examples include:
Police
Public Health
Agriculture
Local Government
Land Revenue
Home Department
3. Concurrent List (List III):
These are subjects on which both the Union and the State Governments can legislate. Examples include:
Criminal Law
Marriage and Divorce
Education
Trade and Commerce
Interference by Union Government in State Matters
While the Constitution grants the states authority over the subjects in the State List, the Union Government has the power to intervene or legislate on certain matters under specific circumstances. Here are the main reasons why the Union Government might intervene in state matters, even in areas that are predominantly state subjects:
1. National Interest or Emergency Situations:
Article 256 mandates that the States should comply with Union laws, and the Union can issue directions to the States to ensure that their laws are aligned with national objectives, especially in matters of national security, economic stability, or public health.
During emergencies (such as war, external aggression, or internal disturbances), the Union Government can assume greater control, even over subjects that fall within the State List (Article 352, 356, and 360).
2. Cooperative Federalism:
The concept of cooperative federalism emphasizes that both levels of government (Union and State) should work together. Often, the Union Government provides financial assistance to states for specific schemes, such as in the case of agriculture, health, and education. The Union may create policies or programs that encourage states to adopt certain measures, such as agricultural reforms, health programs, or infrastructure development, as part of national planning.
3. Law and Order in Certain Areas:
Even though “Law and Order” is generally a State subject, the Union Government may intervene in cases of significant public unrest or insurgency in a state. This is particularly true if national security is at risk (e.g., through terrorism, insurgency, or civil unrest). In such cases, the Union Government can deploy central forces, issue directives, or even assume governance under Article 356 (President’s Rule) in extreme cases.
4. Legislative Competence under the Concurrent List:
If a subject is under the Concurrent List, both the Union and the States have the power to legislate. If there is a conflict between a Union law and a State law, the Union law prevails (Article 254). For example, issues related to agriculture, education, or health can be legislated by both levels, and if there are contradictions, the Union Government’s law takes precedence.
5. Economic and Social Reforms:
The Union Government may intervene in state subjects if it believes that reforms in areas such as agriculture or education are necessary to address national challenges like poverty, economic inequality, or technological advancement.
For example, agriculture is a State subject, but the Union Government often intervenes through schemes like Minimum Support Prices (MSP), crop insurance schemes, or agricultural reforms aimed at improving national food security, stabilizing prices, or encouraging modern farming practices.
6. Inter-State Disputes and Coordination:
The Union Government often intervenes in disputes between states, such as water-sharing agreements (e.g., the Cauvery river dispute), border issues, or issues regarding the implementation of national policies. The Union has a role in mediating, facilitating, and helping states come to a consensus.
7. Legal or Constitutional Provisions:
Some laws that the Union passes in areas like agriculture or home affairs may address matters of national importance or uniformity across the country. For example, the Union may legislate on agricultural marketing, pesticide regulations, or issues related to interstate trade and commerce.
Additionally, Article 249 allows the Union Parliament to legislate on matters in the State List if the Rajya Sabha passes a resolution that it is in the national interest to do so. This is known as the Resolution of National Importance and is relatively rare.
Specific Example: Agriculture and Home Department
Agriculture: Though agriculture is primarily a State subject, the Union Government plays a significant role in policy formulation, setting national policies on pricing (e.g., MSP), subsidies, and crop insurance. It may also intervene in matters of national importance like food security or climate change.
Home Department: The Home Department is a State subject, but the Union Government can intervene if there are issues related to internal security, law and order, or if national security is at risk. For example, the Union Government can deploy the Central Armed Police Forces (CAPF) to aid in maintaining law and order during a crisis.
Conclusion
The Union Government’s involvement in matters that are technically state subjects often stems from the need to maintain national unity, address national issues, or ensure consistency across states in areas of public interest like agriculture, health, or law enforcement. While the Constitution grants states autonomy over many matters, the Union Government has powers to intervene when national interests or the smooth functioning of the federal system are at stake. This dynamic balance between state and central powers is one of the key features of India’s federal system.