Concurrent List "EMPOWER IAS"

 

In news:

• Health should be shifted to the Concurrent list under the Constitution, and a developmental finance institution (DFI) dedicated to healthcare investments set up, Fifteenth Finance Commission Chairman N.K. Singh has said.

 

 

 

Other key recommendations

• Bringing health into the Concurrent list would give the Centre greater flexibility to enact regulatory changes and reinforce the obligation of all stakeholders towards providing better healthcare.
• He has urged the government spending to enhance expenditure on health to 2.5% of GDP by 2025.
• He said primary healthcare should be a fundamental commitment of all States in particular and should be allocated at least two-thirds of such spending.

 

What is the Seventh Schedule?

• This Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments.
• It defines and specifies the allocation of powers and functions between Union & States. It contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List.

The Union List

• It is a list of 98 (Originally 97) numbered items as provided in the Seventh Schedule.
• The Union Government or Parliament of India has exclusive power to legislate on matters relating to these items.

 

The State List

• It is a list of 59 (Originally 66) items.
• The respective state governments have exclusive power to legislate on matters relating to these items.

 

Concurrent List:

• Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List.

• It includes the matters on which uniformity of legislation throughout the country is desirable but not essential.
• However State legislation operates to the extent that it is not in conflict with the Central legislation. At times, the very presence of a central legislation can negate the state’s ability to legislate.
• This list has at present 52 subjects (originally 47) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare,economic and social planning, drugs, newspapers, books and printing press, and others.
• The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List i.e education, forests, weights and measures, protection of wild animals and birds, and administration of justice; constitution and organisation of all courts except the Supreme Court and the High Courts.

 

Healthcare in India

• The Indian Constitution has incorporated the responsibility of the state in ensuring basic nutrition, basic standard of living, public health, protection of workers, special provisions for disabled persons, and other health standards, which were described under Articles 39, 41, 42, and 47 in the DPSP.
• Article 21 of the Constitution of India provides for the right to life and personal liberty and is a fundamental right.
• Public Health comes under the state list.
• India’s expenditure on healthcare has shot up substantially in the past few years; it is still very low in comparison to the peer nations (at approx. 1.28% of GDP).