Polity · topic 8 of 11
Federalism, Emergency, Schedules & Amendments
How power is split (Seventh Schedule, Part XI), how it is pulled back to the Centre (Emergency, Art. 356), the special Schedules (5th, 6th, 9th, 10th) and how the Constitution itself is changed (Art. 368). UPSC mixes all four in one question.
Federal with a unitary bias
| Federal features | Unitary features |
|---|---|
| Written, rigid Constitution; division of powers; independent judiciary; bicameral Parliament with a Council of States | Strong Centre, residuary powers with the Union; single citizenship; single Constitution; integrated judiciary; All India Services; Governor appointed by the Centre; emergency powers; Parliament can change State boundaries (Art. 3); unequal representation in the RS |
| “Union of States” (Art. 1) — the States cannot secede | K.C. Wheare: “quasi-federal”. S.R. Bommai (1994): federalism is part of the basic structure |
Division of powers (Seventh Schedule)
| List | Entries (originally → now) | Examples |
|---|---|---|
| Union | 97 → 98 (numbered up to 100) | Defence, foreign affairs, banking, railways, atomic energy, census, citizenship |
| State | 66 → 59 (numbered up to 61) | Police, public order, public health, agriculture, land, local government |
| Concurrent | 47 → 52 | Criminal law, marriage, forests, education, wildlife, economic and social planning, trade unions |
| Residuary | Art. 248 | With Parliament (courts decide what is residuary) |
| 42nd Amendment (1976) | State → Concurrent | Education, forests, weights and measures, wild animals and birds, administration of justice |
When Parliament can make law on the State List
- Art. 249: Rajya Sabha resolution (2/3 present and voting) in national interest — one year at a time.
- Art. 250: during a National Emergency.
- Art. 252: two or more States ask for it (e.g. Wildlife Protection Act 1972, Water Act 1974).
- Art. 253: to implement international treaties.
- Art. 356: during President’s rule.
The three Emergencies
| National (352) | President’s rule (356) | Financial (360) | |
|---|---|---|---|
| Ground | War, external aggression, ARMED REBELLION (was “internal disturbance” till the 44th) | Failure of constitutional machinery in a State | Threat to financial stability or credit |
| Approval | Both Houses, special majority, within 1 month | Both Houses, simple majority, within 2 months | Both Houses, simple majority, within 2 months |
| Duration | Indefinite, renewed every 6 months | Max 3 years; beyond 1 year only if a National Emergency + EC certificate | Indefinite until revoked |
| Used | 1962, 1971, 1975 | Over 100 times | Never |
| Effect on FRs | Art. 19 suspended (external grounds only); others by order — never 20 and 21 | None | Salaries of judges can be cut |
The special Schedules
| Schedule | Content |
|---|---|
| Fifth | Scheduled Areas and Scheduled Tribes in most States; Governor’s special powers; Tribes Advisory Council; the President declares Scheduled Areas |
| Sixth | Tribal areas of Assam, Meghalaya, Tripura, Mizoram; Autonomous District Councils |
| Seventh | The three lists |
| Eighth | 22 languages (originally 14); Sindhi 1967; Konkani, Manipuri, Nepali 1992 (71st); Bodo, Dogri, Maithili, Santhali 2003 (92nd) |
| Ninth | 1st Amendment 1951 (Nehru), with Art. 31B; post-24 April 1973 entries reviewable (I.R. Coelho 2007) |
| Tenth | Anti-defection (52nd, 1985) |
| Eleventh / Twelfth | Panchayats (29 subjects) / Municipalities (18 subjects) |
Amending the Constitution
| Method | Used for |
|---|---|
| Simple majority (outside Art. 368) | New States (Art. 2–4), Legislative Councils (Art. 169), Fifth/Sixth Schedule changes, quorum, citizenship |
| Special majority of Parliament | Most provisions: FRs, DPSPs, etc. |
| Special majority + half the States | President’s election, executive power (73, 162), GST Council (279A), SC/HCs, legislative relations, Seventh Schedule, representation of States in Parliament, Art. 368 itself |
| Key cases | Shankari Prasad 1951 → Golaknath 1967 (cannot amend FRs) → 24th Amendment 1971 → Kesavananda 1973 (basic structure) → Minerva Mills 1980 |
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| Zonal Councils are constitutional | Statutory (States Reorganisation Act 1956). Inter-State Council = Art. 263. |
| In a Fifth Schedule area the State loses power | The State administers; the Governor gets special powers; the Union may give directions. |
| Ninth Schedule was added under Indira Gandhi | 1951, Nehru, 1st Amendment. |
| Governor’s conditions of office need State ratification to amend | No — Art. 158 is outside the proviso. |
| Creating a new State is an amendment under Art. 368 | Art. 4 says such laws are not amendments under 368. |
| Internal disturbance can still justify a National Emergency | Replaced by “armed rebellion” in 1978. |
For Mains
GS 2: cooperative and competitive federalism, GST Council as a federal forum (Mohit Minerals 2022: its recommendations are persuasive, not binding), fiscal federalism and the Finance Commission, Art. 356 misuse (S.R. Bommai), governors and State bills.
Real PYQs on this topic, solved
UPSC 2025 · Newest PYQ · Art. 368 ratification
Consider the following subjects under the Constitution of India: For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?
- List I - Union List, in the Seventh Schedule — ✓
- Extent of the executive power of a State — ✓
- Conditions of the Governor’s office — ✗
Answer (a): I and II only
Remember: Ratification by half the States: President’s election, executive power (73/162), GST Council, courts, legislative relations, Seventh Schedule, States in Parliament, Art. 368.
UPSC 2025 · Newest PYQ · Councils
With reference to India, consider the following: How many of the above established as per the provisions of the Constitution of India?
- The Inter-State Council — ✓
- The National Security Council — ✗
- Zonal Councils — ✗
Answer (a): Only one
Remember: Inter-State Council = Art. 263 (1990) · Zonal Councils = SR Act 1956 (statutory) · NSC = 1998 executive order.
UPSC 2025 · Newest PYQ · Fifth Schedule
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule:
- the State Government loses its executive power in such areas and local body assumes total administration; — ✗
- the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor. — ✗
Answer (d): Neither I nor II
Remember: Fifth Schedule: State keeps power · Governor modifies laws · Union gives directions. Sixth Schedule = ADCs in Assam, Meghalaya, Tripura, Mizoram.
UPSC 2023 · The first amendment
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
Answer (a): 1st Amendment
Remember: 1st Amendment 1951 = answer to FR judgments: Arts. 31A, 31B, Ninth Schedule, 15(4), new Art. 19(2) grounds · Nehru era.
UPSC 2019 · Ninth Schedule
The Ninth Schedule was introduced in the Constitution of India during the prime ministership of
Answer (a): Jawaharlal Nehru
Remember: Ninth Schedule = 1st Amendment 1951, Nehru, Art. 31B · post-24 April 1973 additions reviewable (I.R. Coelho 2007).