Which of the following statements is/are not violative of the principle of federalism? 1. The President of India takes over administration of provinces under the emergency provisions. 2. The Parliament of India has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. 3. The distributi on of powers between the Union and Provinces in done through three different lists enumerated in the constitution of India. Select the correct answer using the code given below : Code :

1. Core Principles: Federal vs. Unitary Systems (basic)

To understand the architecture of any country's government, we must first look at how power is distributed. At the most basic level, political scientists classify governments into two types: Unitary and Federal. Think of this as the 'source code' of a nation's power structure. In a Unitary system, all powers are concentrated in the hands of the national (central) government. If regional governments exist, they are merely administrative arms of the center, and their powers can be taken away at any time. A classic example is the United Kingdom or France. Laxmikanth, M. Indian Polity, Federal System, p.139.

On the other hand, a Federal system is like a partnership agreement. Here, the Constitution itself divides powers between the national government and the regional (state) governments. Neither level is 'subordinate' to the other in its assigned sphere; instead, both derive their authority directly from the Constitution. This creates a system of dual sovereignty. While the United States is often cited as the model for traditional federalism, India adopted its own unique version to balance national unity with regional diversity. D. D. Basu, Introduction to the Constitution of India, Nature of the Federal System, p.59.

To help you distinguish between the two at a glance, look at this comparison of their core features:

Feature	Federal System	Unitary System
Government Levels	Dual (National & Regional)	Single (National)
Division of Power	Constitutional division	No constitutional division
Constitution	Must be Written & Rigid	May be written or unwritten
Judiciary	Independent & Supreme	May or may not be supreme

Sources: Indian Polity, M. Laxmikanth (7th ed.), Federal System, p.139; Introduction to the Constitution of India, D. D. Basu (26th ed.), Nature of the Federal System, p.59

2. The Seventh Schedule and Division of Powers (basic)

At the heart of any federal system is the clear division of powers between a central authority and regional units. In India, this 'blueprint' is found in the Seventh Schedule of the Constitution, which works in tandem with Article 246. Unlike countries like the US or Australia, which have simpler distributions, India adopted a sophisticated threefold distribution of legislative subjects, a legacy of the Government of India Act of 1935 D.D. Basu, Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.377. This ensures that both the Centre and the States have a defined 'sovereign' sphere to operate within, preventing constant legal friction.

The Seventh Schedule categorizes subjects into three distinct lists, each defining the scope of legislative authority. While the Union List covers matters of national importance and the State List covers regional matters, the Concurrent List allows for shared jurisdiction. However, to maintain national integrity, the Constitution provides a 'unitary tilt': in case of a conflict (repugnancy) between a Central law and a State law on a Concurrent subject, the Central law prevails Laxmikanth, Indian Polity, Federal System, p.139. This hierarchy ensures that while the structure is federal, the Union remains the ultimate glue holding the nation together.

List	Legislative Authority	Current Subject Count	Key Examples
List I (Union List)	Parliament Exclusive	98 (Originally 97)	Defense, Banking, Foreign Affairs, Census
List II (State List)	State Legislature Exclusive	59 (Originally 66)	Police, Public Health, Agriculture
List III (Concurrent List)	Both Parliament & States	52 (Originally 47)	Education, Forests, Marriage & Divorce

It is important to distinguish this federal division from Residuary Powers (Article 248). If a subject is not mentioned in any of the three lists, the power to legislate on it belongs exclusively to the Parliament Laxmikanth, Indian Polity, Centre State Relations, p.164. This further underscores the 'strong center' philosophy of the Indian Constitution, where the division of power is clear, but the Union is given a slight constitutional edge to ensure stability.

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.377; Laxmikanth, M. Indian Polity. 7th ed., Federal System, p.139; Laxmikanth, M. Indian Polity. 7th ed., Centre State Relations, p.164

3. Center-State Legislative Relations (Articles 245-255) (intermediate)

In a federal system, the most crucial boundary is the one that defines who can make laws and where. The Indian Constitution handles this through Articles 245 to 255 in Part XI. Think of this as two distinct maps: one for geography (Territorial Jurisdiction) and one for topics (Subject Matter Jurisdiction). This dual division ensures that both the Union and the States are supreme within their own spheres, a core tenet of federalism Laxmikanth, M. Indian Polity, Centre-State Relations, p.144.

First, let's look at Territorial Extent (Article 245). The Parliament has the mandate to legislate for the whole or any part of India, including its Union Territories. In contrast, a State Legislature's power is strictly confined to its own borders. A law passed by the Maharashtra Assembly cannot generally be enforced in Karnataka. However, there is a fascinating exception called the 'Doctrine of Territorial Nexus': if there is a sufficient connection between the state and the object/person (e.g., a company registered in one state but doing business in another), the state law may have extra-territorial effect D. D. Basu, Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.376.

Second is the Distribution of Subjects (Article 246), managed via the Seventh Schedule. This creates three distinct lists:

• Union List: Matters of national importance (Defense, Banking) where Parliament has exclusive power.
• State List: Local matters (Public Order, Agriculture) where States usually rule.
• Concurrent List: Shared subjects (Education, Marriage) where both can legislate.

If a subject doesn't fall into any of these lists, Article 248 grants Residuary Powers exclusively to the Parliament. This 'strong center' tilt differentiates India from the US, where residuary powers rest with the states Laxmikanth, M. Indian Polity, World Constitutions, p.702.

Feature	Parliament	State Legislature
Territory	Whole of India + Extra-territorial	Within State borders only
Subject List	Union List + Concurrent List	State List + Concurrent List
Residuary Power	Vested in the Union	No power

Sources: Indian Polity, Centre-State Relations, p.144; Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.376; Indian Polity, World Constitutions, p.702

4. Emergency Provisions and Federal Flexibility (intermediate)

In a standard federal system, the division of power between the Union and the States is rigid. However, the Indian Constitution is famously described as 'quasi-federal' because it possesses a unique 'structural flexibility'. Under normal circumstances, the Union and States operate within their respective spheres as defined by the Seventh Schedule. But during an exigency, the system can undergo a total transformation. As noted in Indian Polity, the Central Government becomes all-powerful, effectively converting the federal structure into a unitary one without any formal constitutional amendment Laxmikanth, Salient Features of the Constitution, p.33.

The most significant tool for this flexibility is the Emergency Provisions. While a National Emergency (Article 352) affects the entire nation, Article 356 (President’s Rule) is specific to individual states. This provision is rooted in Article 355, which imposes a 'duty' on the Centre to ensure that every state government is carried on in accordance with the Constitution Laxmikanth, Emergency Provisions, p.178. If there is a 'failure of constitutional machinery,' the President can take over the state administration, often acting on a report from the Governor. This results in the Union government bypassing the federal division of power to assume direct control over state subjects NCERT Class XI, Federalism, p.166.

Feature	Normal Times (Federal)	Emergency Times (Unitary)
Authority	Divided between Union and States.	Concentrated in the Union.
Legislative Power	States have exclusive rights over the State List.	Parliament can legislate on any State subject.
State Government	Independent and autonomous.	Suspended or dismissed (under Art. 356).

It is important to distinguish between federal features and unitary tilts. For example, while the distribution of powers into three lists is the essence of federalism, provisions like the Union's residuary powers (Article 248) or the power to dismiss a state government represent the 'Strong Center' bias of our Constitution. These provisions ensure that while India remains a federation of states, the Union has the ultimate responsibility for the integrity and constitutional order of the nation.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Salient Features of the Constitution, p.33; Indian Polity, M. Laxmikanth (7th ed.), Emergency Provisions, p.178; Indian Constitution at Work, NCERT Class XI, Federalism, p.166

5. Residuary Powers: The 'Strong Center' Tilt (intermediate)

In any federal system, the Constitution divides powers between the center and the units. However, since the framers of a constitution cannot predict every possible subject that might emerge in the future (like Cyber Laws or Space Research), they create a 'catch-all' category known as Residuary Powers. These are matters that are not specifically mentioned in the Union, State, or Concurrent Lists of the Seventh Schedule.

Under Article 248 of the Indian Constitution, the exclusive power to legislate on these residuary matters is vested in the Parliament. This includes the power to levy residuary taxes not mentioned in any of the lists Laxmikanth, M. Indian Polity, Centre-State Relations, p.146. While this is a constitutional feature, it is often cited as a clear example of the 'unitary tilt' of the Indian federation, as it strengthens the Center at the expense of the States.

To understand why India chose this path, it is helpful to look at how other nations handle these 'leftover' powers. India's approach significantly differs from the American and Australian models, where residuary powers belong to the states to preserve their autonomy. Instead, India followed the Canadian model, which favors a strong central government Laxmikanth, M. Indian Polity, Centre-State Relations, p.146.

System/Act	Residuary Power Vested In
USA & Australia	The States (Units)
Canada & India	The Center (Parliament)
Govt. of India Act, 1935	The Governor-General D. D. Basu, Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.378

A crucial point for your preparation is the role of the Judiciary. If a dispute arises regarding whether a new law falls under the Union List, State List, or should be treated as a residuary matter, the final determination rests with the Courts D. D. Basu, Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.378. This ensures that the Center doesn't arbitrarily expand its power by claiming every new subject as 'residuary.'

Sources: Laxmikanth, M. Indian Polity, Centre-State Relations, p.146; D. D. Basu, Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.378

6. Federalism as the 'Basic Structure' of the Constitution (exam-level)

In our journey through Indian federalism, we now reach a pivotal judicial milestone: the declaration of Federalism as a 'Basic Structure' of the Constitution. While the word 'federal' isn't explicitly mentioned in the text of the Constitution, the Supreme Court has ensured it is etched into its very soul. This means that the federal character of India is so fundamental that even a sovereign Parliament, using its amending powers under Article 368, cannot abolish or destroy it Laxmikanth, M. Indian Polity, Basic Structure of the Constitution, p.130.

The definitive recognition of this principle came in the landmark S.R. Bommai case (1994). In this judgment, the Supreme Court categorically stated that the States have an independent constitutional existence and are not mere 'satellites' or agents of the Union. The Court observed that within the sphere allotted to them (such as the State List), the States are supreme. This reinforces the division of powers—the distribution of legislative authority via the Seventh Schedule—as the essential core of our federal system D. D. Basu, Introduction to the Constitution of India, Nature of the Federal System, p.59.

However, Indian federalism is unique because it coexists with 'unitary tilts' like Article 356 (President's Rule). To protect the 'Basic Structure,' the Court in the Bommai case also ruled that the exercise of power under Article 356 is subject to judicial review. This ensures that the Center cannot arbitrarily dismiss state governments, as doing so would violate the federal spirit. Therefore, while the Constitution allows for central dominance during emergencies, the normal state of play must always respect the autonomy of the States D. D. Basu, Introduction to the Constitution of India, The State Legislature, p.296.

Feature	Impact on Federalism
Basic Structure Status	Prevents Parliament from amending the Constitution to turn India into a purely unitary state.
Judicial Review	The Judiciary acts as a sentinel, ensuring the Center doesn't overstep into State domains.
Independent States	States derive their power directly from the Constitution, not as a gift from the Center.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Basic Structure of the Constitution, p.130; Introduction to the Constitution of India, D. D. Basu (26th ed.), NATURE OF THE FEDERAL SYSTEM, p.59; Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Legislature, p.296

7. Identifying 'Violations' of Federal Principles (exam-level)

To master Indian federalism, we must distinguish between the core federal principles that sustain the system and the unitary features that occasionally override them. At its heart, federalism is defined by the constitutional division of powers between the Union and the States Laxmikanth, M. Indian Polity, Federal System, p. 139. In India, this division is institutionalized through the Seventh Schedule (Union, State, and Concurrent Lists). Because this list clearly demarcates 'spheres of authority,' it is considered the essence of federalism, not a violation of it. Both levels of government are meant to be supreme within their allotted fields. However, the Indian Constitution is famously described as a "Federal System with a Unitary Bias" D.D. Basu, Introduction to the Constitution of India, Outstanding Features, p. 49. Certain provisions allow the Union to bypass or override State autonomy, which theorists often label as 'violations' or departures from pure federal principles. Two primary examples are:

• Article 356 (President’s Rule): This allows the Union to take over a State’s administration. During such emergencies, the federal structure is effectively suspended, and the system becomes purely unitary NCERT, Indian Constitution at Work, Federalism, p. 165.
• Residuary Powers (Article 248): In a 'pure' federation like the USA, powers not specifically mentioned go to the States. In India, these reside exclusively with the Union, reflecting a 'Strong Center' tilt rather than divided sovereignty.

Feature	Nature	Impact on Federalism
Seventh Schedule	Federal	Upholds federalism by dividing legislative jurisdiction.
Article 356	Unitary	Overrides federalism by centralizing state power.
Residuary Powers	Unitary	Strengthens the Center at the expense of State autonomy.

Sources: Indian Polity (M. Laxmikanth), Federal System, p.139; Introduction to the Constitution of India (D.D. Basu), Outstanding Features of our Constitution, p.49; Indian Constitution at Work (NCERT), Federalism, p.165

8. Solving the Original PYQ (exam-level)

To solve this question, you must apply the distinction between federal and unitary features that we covered in our core modules. The essence of federalism is the constitutional division of powers between a central authority and constituent units. Statement 3, which highlights the distribution of powers through the three lists in the Seventh Schedule, is the foundational building block of this structure. It ensures that both the Union and the Provinces (States) operate within their own independent spheres, making it the only statement that is not violative of the federal principle. You can find this detailed in Laxmikanth, M. Indian Polity.

The reasoning process requires you to identify features that represent a unitary tilt. Statement 1 describes the President taking over state administration (Article 356), which is an extraordinary provision that temporarily suspends the federal setup in favor of a unitary one. Similarly, Statement 2 discusses residuary powers (Article 248). In a classic federal system, residuary powers usually lie with the states; by vesting them exclusively in the Parliament, the Indian Constitution favors a Strong Center. While these provisions are constitutionally valid, they are technically exceptions to the federal principle rather than examples of it.

A common UPSC trap is to confuse constitutionality with federalism. Students often think that because President's Rule is written in the Constitution, it cannot 'violate' a constitutional principle. However, the question asks which statement aligns with the principle of federalism (division of power). By recognizing that Statements 1 and 2 are unitary 'overrides,' you can confidently arrive at the correct answer: (C) 3 only. Remember, in the Indian context, we are often described as 'quasi-federal' precisely because of these centralizing features.