MEA tells States not to ‘intrude’ into foreign affairs after Kerala appoints senior officer for ‘external cooperation’

MEA tells States not to ‘intrude’ into foreign affairs after Kerala appoints senior officer for ‘external cooperation’

Subject: Polity

Sec: Constitution

Context:

Days after the Kerala government appointed  senior IAS officer K. Vasuki as an officer in charge of ‘external cooperation’, the Ministry of External Affairs (MEA) reminded the State governments that they should not “intrude” into domains that are beyond the “Constitutional jurisdiction” of the States.

More on News:

• The Constitution of India under the 7th Schedule list 1 – Union list, item 10, clearly specifies that foreign affairs and all matters which bring the Union into relation with any foreign country, are the sole prerogative of the Union Government.
• The States of the India are important stakeholders in foreign and security affairs but the ultimate foreign policy formulation takes place at the central level.
• It is not a Concurrent subject and definitely not a State subject. Our position is that State governments should not intrude into matters that are beyond their Constitutional jurisdiction.

7th Schedule:

• The 7th schedule of Indian constitutionspecifies the allocation of powers and functions between the Union and states.
• Article 246, which is under the 7th schedule of Indian constitution, is one such article.
• Article 246 divides the subject matter of laws made by the Parliament and the State Legislature under three lists. They are:
  • List I – Union List
  • List II – State List
  • List III – Concurrent List
• To amend the 7th schedule of Indian constitution, a special majority of the Parliament and ratification of half of the State Legislatures by a simple majority is required.

Union List of the 7th schedule of Indian Constitution – List 1

• Subjects that are of national importance and are handled by the central government.
• The Union government has exclusive power to legislate on these subjects.
• This means that only the Union government can make laws on these subjects.
• The state governments cannot make laws on these subjects.

Constitution of India under the 7th Schedule list 1 – Union list, item 10

• Foreign affairs; all matters which bring the Union into relation with any foreign country.