Divisions in Indian Administration

The constitution of India provides that the country would be a democracy. The decision was taken before its independence that the administrative system of India will be liberal democratic system. India became a republic nation on the 26th day of January 1950 and it is the day when the constitution came into force. Since then Divisions in Indian Administration existed between the centre and the state. According to the Administrative divisions, India has 28 states and 7 union territories. Each of these regional administrative divisions has an elected government headed by a chief minister. A Governor is appointed by the President of India, as the representative head of the federal authority in each state.

The form, structure, functions and the organs of government are related to the type of the political system adopted and the nature of the distribution of powers among the units of government and organs of the state. Nation-states of are categorised as unitary and federal systems. The form of government in India is the quasi- federal form, with federal structure and strong unitary spirit. In the federal form of government, Divisions in Indian Administration occurs; the power is divided between a central authority and constitutional political units such as the states and the provinces. The two levels of government are interdependent and share sovereignty. The federal system also provides that the constitution is the supreme power of the land. However, though a federal structure and a clear division of powers exist in India with an independent judiciary, yet there is a strong bias towards making the Central Government more powerful than the state governments. Hence, based on the distribution of powers between the Central Government and the State Government there are three lists - Union list, State list and Concurrent list (powers entertained by both centre and state).

Divisions in Indian Administration is the distribution of power between the executive and the legislative powers between the centre and the state and certain residuary powers vest in the Union under article 249. The polity of India can turn into a complete unitary character during emergency on the ground of failure of the constitutional machinery. The relation between Union and States is the foundation of the Indian Federal system. There is autonomy in the legislative, executive as well as the judicial powers for the states of India. Both the Union and the States are moreover subject to the limits imposed by the Constitution. The Fundamental rights cannot be violated by either the Union or the States.

The Legislative powers of the government, such as powers to make laws upon a specific subject, are separated in India by means of three lists - union list, state list and concurrent list. Divisions in Indian Administration among the central government include the Parliament and the state government that is the state legislature. The division of the powers of the Union and the State can be traced by the three lists laid down by the Indian Constitution. This feature of distribution of powers are derived from the Australian constitution, these lists clearly divide the powers vested on the State and the Union.

Among the Divisions in Indian Administration, Union list consists of subjects on which the central government or the Parliament can make laws. These subjects included in the list are of nation importance. These include subjects such as defence, foreign affairs, atomic energy, banking, post and telegraph. The central government has the power of making laws on these subjects at all times also during emergencies. There are 100 subjects on which the central government can make law. The State list contains 66 subjects of local or state importance. The state governments have the authority to make laws on these subjects. These subjects include police, local governments, trade, commerce and agriculture. However, during national and state emergency, the power to make laws on these subjects is transferred to the Parliament.

Concurrent list, according to the Divisions in Indian Administration contains 47 subjects on which both the Parliament and the state legislatures can make laws. These subjects include criminal and civil procedure, marriage and divorce, education, economic planning and trade unions. Yet, in case of conflict between a law made by the central government and a law made by the state legislatures, the law made by the central government will prevail. There are certain changes regarding the authority of making laws. Education was shifted from the state list to the concurrent list by the 42nd Amendment Act of 1976.

However, constitution makers provide distribution of powers between the governments, after providing for the three lists, they provided for residuary subjects. These residuary subjects are matters which are not included in any of the three lists and the right to make laws on these subjects is called residuary power. The central government has been given rights to legislate on these subjects.