There has been an increasing demand for doing away with the concurrent list. Examine the utility of concurrent list in the light of recent events.
Introduction
Concurrent List, in the Seventh Schedule of Constitution, is a list of subjects on which both Centre and State can legislate. There has been a demand for getting rid of the List:
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Main Body
Tied nature of funds: from Centre to State for schemes on concurrent subjects.
Legislative interference: Eg. Centre's law mandating NEET, while Tamil Nadu's opposition (health is a State subject, education is concurrent).
Against federalism: More subjects were transferred into Concurrent list through amendments. Eg. forests.
One Size fits all approach: Centre fails to accommodate the regional aspirations in its laws.
However, the purpose of concurrent list was to ensure uniformity in matters that can impact nation's well-being. Thus, concurrent list has following utility:
Ensuring standard of education - by broad guidelines from the Centre.
Environmental Protection Laws by the Centre to protect forests - as these have bearing on nation's sustainable growth.
Inter-state health hazard management by the Centre, as seen in the case of COVID pandemic.
Setting weight standards for uniformity in trade.
Conclusion
Thus, while there exists utility to the concurrent list, but the Centre should refrain from legislating over everything. As per Sarkaria recommendation, concurrent matters should be legislated upon only after consultation with all the stakeholder states.
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Gaurav Ojha
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Concurrent List and demands to abolish it
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