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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.

71Prelims PYQs on it
20asked since 2016
5solved free below

Federal with a unitary bias

Federal featuresUnitary features
Written, rigid Constitution; division of powers; independent judiciary; bicameral Parliament with a Council of StatesStrong 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 secedeK.C. Wheare: “quasi-federal”. S.R. Bommai (1994): federalism is part of the basic structure

Division of powers (Seventh Schedule)

ListEntries (originally → now)Examples
Union97 → 98 (numbered up to 100)Defence, foreign affairs, banking, railways, atomic energy, census, citizenship
State66 → 59 (numbered up to 61)Police, public order, public health, agriculture, land, local government
Concurrent47 → 52Criminal law, marriage, forests, education, wildlife, economic and social planning, trade unions
ResiduaryArt. 248With Parliament (courts decide what is residuary)
42nd Amendment (1976)State → ConcurrentEducation, forests, weights and measures, wild animals and birds, administration of justice

When Parliament can make law on the State List

The three Emergencies

National (352)President’s rule (356)Financial (360)
GroundWar, external aggression, ARMED REBELLION (was “internal disturbance” till the 44th)Failure of constitutional machinery in a StateThreat to financial stability or credit
ApprovalBoth Houses, special majority, within 1 monthBoth Houses, simple majority, within 2 monthsBoth Houses, simple majority, within 2 months
DurationIndefinite, renewed every 6 monthsMax 3 years; beyond 1 year only if a National Emergency + EC certificateIndefinite until revoked
Used1962, 1971, 1975Over 100 timesNever
Effect on FRsArt. 19 suspended (external grounds only); others by order — never 20 and 21NoneSalaries of judges can be cut

The special Schedules

ScheduleContent
FifthScheduled Areas and Scheduled Tribes in most States; Governor’s special powers; Tribes Advisory Council; the President declares Scheduled Areas
SixthTribal areas of Assam, Meghalaya, Tripura, Mizoram; Autonomous District Councils
SeventhThe three lists
Eighth22 languages (originally 14); Sindhi 1967; Konkani, Manipuri, Nepali 1992 (71st); Bodo, Dogri, Maithili, Santhali 2003 (92nd)
Ninth1st Amendment 1951 (Nehru), with Art. 31B; post-24 April 1973 entries reviewable (I.R. Coelho 2007)
TenthAnti-defection (52nd, 1985)
Eleventh / TwelfthPanchayats (29 subjects) / Municipalities (18 subjects)

Amending the Constitution

MethodUsed for
Simple majority (outside Art. 368)New States (Art. 2–4), Legislative Councils (Art. 169), Fifth/Sixth Schedule changes, quorum, citizenship
Special majority of ParliamentMost provisions: FRs, DPSPs, etc.
Special majority + half the StatesPresident’s election, executive power (73, 162), GST Council (279A), SC/HCs, legislative relations, Seventh Schedule, representation of States in Parliament, Art. 368 itself
Key casesShankari Prasad 1951 → Golaknath 1967 (cannot amend FRs) → 24th Amendment 1971 → Kesavananda 1973 (basic structure) → Minerva Mills 1980

Traps UPSC sets

The wrong ideaWhat is actually true
Zonal Councils are constitutionalStatutory (States Reorganisation Act 1956). Inter-State Council = Art. 263.
In a Fifth Schedule area the State loses powerThe State administers; the Governor gets special powers; the Union may give directions.
Ninth Schedule was added under Indira Gandhi1951, Nehru, 1st Amendment.
Governor’s conditions of office need State ratification to amendNo — Art. 158 is outside the proviso.
Creating a new State is an amendment under Art. 368Art. 4 says such laws are not amendments under 368.
Internal disturbance can still justify a National EmergencyReplaced 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?

  1. List I - Union List, in the Seventh Schedule — ✓
  2. Extent of the executive power of a State — ✓
  3. 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?

  1. The Inter-State Council — ✓
  2. The National Security Council — ✗
  3. 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:

  1. the State Government loses its executive power in such areas and local body assumes total administration; — ✗
  2. 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).