What Happened
- A constitutional scholar's analysis highlighted that India had multiple opportunities to meaningfully reform its federal structure through its 106 constitutional amendments, but the political will to genuinely redistribute power between the Union and states has remained elusive.
- The argument centers on landmark amendments — notably the 42nd (1976), 73rd (1992), and 74th (1992) — which either centralized power or offered structural reform without delivering substantive devolution.
- The 42nd Amendment during the Emergency transferred five subjects from the State List to the Concurrent List, permanently tilting the legislative balance toward the Centre.
- The 73rd and 74th Amendments created constitutional status for Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs), but stopped short of mandating genuine fiscal and administrative devolution — leaving states as gatekeepers.
- Ongoing debates around simultaneous elections, the Finance Commission's vertical and horizontal devolution ratios, and the Governor's role have renewed attention on India's quasi-federal design.
- The analysis called for revisiting the Seventh Schedule (the three-list structure) and the role of the Inter-State Council as an underutilized forum for cooperative federalism.
Static Topic Bridges
India's Federal Design: Quasi-Federal with a Unitary Bias
India's constitutional framers consciously chose a "quasi-federal" model — B.R. Ambedkar described it as "federal in normal times, unitary in times of emergency." The Seventh Schedule divides legislative subjects into three lists: Union List (97 subjects, e.g., defence, foreign affairs, atomic energy), State List (66 subjects, e.g., police, agriculture, public health), and Concurrent List (47 subjects, e.g., education, forests, criminal law, marriage). The Centre's unitary override instruments include Article 249 (Parliament can legislate on State List if Rajya Sabha resolves by 2/3 majority), Article 250 (during national emergency), Article 252 (with consent of two or more states), and Article 253 (for international treaties).
- 42nd Amendment (1976): Transferred five subjects to Concurrent List — Education (from State List Entry 11), Forests (State List Entry 19), Weights and Measures (State List Entry 27), Protection of Wild Animals and Birds (State List Entry 20), and Administration of Justice (part) — reducing exclusive state domains
- Governor's role (Article 155, 156, 163): Appointed by President on advice of Centre; can reserve bills for Presidential assent (Article 201); often used as Centre's agent in opposition-ruled states — a persistent Centre-state friction point
- Article 356 (President's Rule): Constitutional provision that has been invoked 100+ times since 1950; S.R. Bommai case (1994) curtailed its misuse by ruling that floor test must precede imposition
- India's Constitution has been described by K.C. Wheare as "quasi-federal" — formally federal but with strong unitary features
Connection to this news: The 42nd Amendment is cited as a key missed opportunity — while passed during the Emergency (limiting contestation), the subsequent governments did not reverse the centralizing subject transfers, entrenching a more centralized Concurrent List.
The 73rd and 74th Amendments: Promise vs. Reality of Devolution
The 73rd Constitutional Amendment Act (1992) added Part IX and the Eleventh Schedule to the Constitution, giving constitutional status to Panchayati Raj Institutions. The 74th Amendment did the same for urban local bodies through Part IXA and the Twelfth Schedule. Both amendments mandated regular elections (Article 243E, 243U), reservation for SC/ST and women (minimum 1/3 reservation for women), and created State Finance Commissions (SFCs) and State Election Commissions. However, the actual transfer of the 29 subjects in the Eleventh Schedule and 18 subjects in the Twelfth Schedule was left to state discretion — not constitutionally mandated.
- 29 subjects in Eleventh Schedule include: agriculture, land reform, minor irrigation, animal husbandry, fisheries, social forestry, primary education, health, poverty alleviation programs
- 18 subjects in Twelfth Schedule include: urban planning, regulation of land use, slum improvement, public health, urban forestry, municipal markets
- The "3Fs" challenge: States routinely withhold Funds, Functions, and Functionaries from local bodies — undermining the spirit of the amendment
- State Finance Commissions (SFCs): Constitutionally mandated (Article 243I, 243Y) to recommend devolution to local bodies, but most states do not implement SFC recommendations fully
- Women's reservation in local bodies: Currently at 33% minimum (many states at 50%); while Parliament passed 33% reservation for national and state legislatures (106th Amendment, 2023), it is yet to be operationalized
Connection to this news: The 73rd and 74th Amendments are the clearest examples of structural reform that created constitutional architecture without delivering substantive change — because implementation was left to state governments with vested interests in retaining power.
Inter-State Council and Cooperative Federalism: The Underutilized Path
Article 263 of the Constitution provides for the establishment of an Inter-State Council (ISC) to inquire into disputes between states, investigate subjects of common interest, and make recommendations for better coordination. The ISC was established in 1990 (Sarkaria Commission recommendation) and is chaired by the Prime Minister with all Chief Ministers as members. The NITI Aayog replaced the Planning Commission in 2015 and is positioned as a cooperative federalism forum. Finance Commission devolution — currently at 41% of central taxes to states (15th Finance Commission) — is a recurring Centre-state contention point.
- Sarkaria Commission (1983-87): Recommended strengthening ISC, restricting Article 356 misuse, broader use of Article 263 — many recommendations still unimplemented
- Punchhi Commission (2007-10): Revisited centre-state relations; recommended "principle of subsidiarity" — decisions at the lowest competent level
- Inter-State Council: Met only 11 times from 1990 to 2016; revived in recent years but remains consultative
- 15th Finance Commission (2020-25): Recommended 41% vertical devolution (reduced from 42% in 14th FC due to creation of new UTs of J&K and Ladakh)
- GST Council (Article 279A, inserted by 101st Amendment, 2016): The most active cooperative federalism forum — decisions by weighted voting (Centre has 1/3, states have 2/3 of vote weight)
Connection to this news: The scholar's argument points to Article 263 as a platform whose potential remains unrealized — a structural mechanism for federal dialogue that could have institutionalized reform but has instead remained advisory and infrequently convened.
Key Facts & Data
- Total constitutional amendments: 106 (as of 2023)
- 42nd Amendment (1976): Most comprehensive amendment; passed during Emergency; five subjects moved to Concurrent List
- 44th Amendment (1978): Restored some fundamental rights curtailed by 42nd; changed provisions on internal emergency (Article 352)
- 73rd Amendment (1992): Part IX + Eleventh Schedule (29 subjects) — Panchayati Raj Institutions
- 74th Amendment (1992): Part IXA + Twelfth Schedule (18 subjects) — Urban Local Bodies
- 101st Amendment (2016): Inserted Article 246A, 269A, 279A — GST (cooperative federalism's strongest institutional expression)
- 106th Amendment (2023): Women's Reservation Act — 33% in Lok Sabha and state assemblies; operationalized after delimitation
- Seventh Schedule: Union List (97), State List (66), Concurrent List (47)
- 15th Finance Commission: 41% vertical devolution to states (2020-25)
- S.R. Bommai v. Union of India (1994): Supreme Court ruling constraining misuse of Article 356
- Kesavananda Bharati v. State of Kerala (1973): Basic Structure doctrine — Parliament cannot destroy essential features of Constitution, including federalism