Distribution of Powers between Centre and States in Indian Constitution

The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the Government of India Act, 1935. Let's understand the background and features of the Act.

Background of Government of India Act, 1935

The Government of India Act, 1935 was enacted to provide for the establishment of a Federation of India and to introduce autonomy in the provinces. The Act replaced the Government of India Act, 1919 and was the longest Act passed by the British Parliament until then.

Features of Government of India Act, 1935

The key features of the Government of India Act, 1935 relevant to the distribution of powers between the Centre and the States are:

1. Federal Scheme: The Act introduced a federal scheme of government in India, which meant that the powers of the government were divided between the Centre and the States.

2. Three Lists: The Act divided the powers of the government into three lists - Federal List, Provincial List, and Concurrent List.

- Federal List: The powers that were exclusively vested in the Centre were included in this list. Some examples are defence, foreign affairs, currency, and communication.
- Provincial List: The powers that were exclusively vested in the States were included in this list. Some examples are law and order, public health, and local government.
- Concurrent List: The powers that were shared by the Centre and the States were included in this list. Some examples are education, marriage and divorce, and economic and social planning.

3. Residuary Powers: The Act vested the residuary powers with the Centre, which meant that any powers that were not included in the three lists would be the responsibility of the Centre.

4. Diarchy in Provinces: The Act introduced a system of diarchy in the provinces, which meant that some powers were reserved for the Governor, who was appointed by the British Government, while others were transferred to the elected representatives.

5. Federal Court: The Act established a Federal Court, which was the highest court of appeal in India.

Overall, the Government of India Act, 1935 provided the framework for the distribution of powers between the Centre and the States in the Indian Constitution. The Constitution makers adopted the federal scheme and the three lists of powers from the Act, with some modifications. The Constitution also provided for a Supreme Court, which replaced the Federal Court established under the Act.