Way Forward Cooperation: Institutional structure that requi | CSE MAINS BOOSTER

Way Forward

Cooperation: Institutional structure that requires mandatory consultation between the Union and the states in the area of legislation under the concurrent list.

Residuary powers: They should be used sparingly, only as a last resort and not as the primary means for completing the exhaustiveness of lists.

Concurrent List: Matters which are central to achieving demonstrable national interest (M M Punchhi commission, in 2010 ).

There is a need to undertake a periodic review of the lists, focusing on

Removing entries that are now obsolete (such as Entry 34, List I: Courts of Wards for the estates of
Rulers of Indian States, Entry 37, List III: Boilers etc).

Adding entries as per present day needs of governance and also to reduce the legislative domain for
residuary powers to a minimum (such as Disaster Management, Consumer protection, Terrorism,
Emerging technologies etc.).

Appropriate placement of existing entries (framework suggested by Vidhi Centre for Legal Policy can be adopted)

It consists of two older principles (Ensuring the unity and integrity of India, Achieving balanced economic development) derived from the Constituent Assembly Debates, as well as two new principles (Promoting cultural autonomy and diversity, Enabling responsive governance) that have emerged from India’s post-independence experience.