Federal Structure, State Government and Centre-State Relations
This domain asks you to apply the Seventh Schedule and to explain why the Union is stronger than the States. Questions on the Governor's discretion and on the commissions that reviewed federalism are common.
The distribution of powers
The Seventh Schedule divides subjects into the Union List (97 entries plus residuary), State List (61) and Concurrent List (47). Residuary powers rest with Parliament (Art. 248). Parliament can legislate on a State subject if the Rajya Sabha so resolves by two-thirds (Art. 249), during a national emergency (Art. 250), when two or more States request it (Art. 252), or to implement a treaty (Art. 253). In a conflict on the Concurrent List the Union law prevails; a State law survives only if it received the President's assent (Art. 254).
State government
The Governor (Art. 153) is appointed by the President, holds office for five years but at the President's pleasure, and acts on ministerial advice except in discretionary matters such as reserving Bills for the President (Art. 200) and reporting a constitutional breakdown (Art. 356). The Chief Minister is appointed by the Governor and the Council is collectively responsible to the Vidhan Sabha. Six States have a Legislative Council: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
Centre-State relations
Administrative (All India Services, Art. 312), financial (Finance Commission, Art. 280; GST Council, Art. 279A, created by the 101st Amendment) and legislative. Reviewing commissions: Sarkaria (1983) and Punchhi (2007).
Worked example
A State law on education conflicts with a Union law on the same Concurrent subject. Reasoning: education is in the Concurrent List; under Art. 254(1) the Union law prevails and the State law is void to the extent of repugnancy; but a State law that secured the President's assent before enactment prevails in that State.
Traps
The Constitution does not define the system as a 'federation'; the Governor is not elected; residuary power lies with the Union, unlike in the USA and Australia.