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Health in the Indian federal set-
up
Dr Sourav Goswami
JR, Dept of Community Medicine
MGIMS, Sevagram
Introduction
The seventh schedule of the Indian Constitution
mentions the specific responsibilities of different layer of
Government in a federal framework towards the
question of health.
Such responsibilities are indicated under
1. Union List
2. State List
3. Concurrent List
The Union List
Out of total 100 items mentioned in the Union List or List – I, the
following items related to the health services and health status of the
people are put under the Union List.
Clause 58: Manufacture, supply and distribution of salt by Union
agencies; regulation and control of manufacture, supply an distribution
of salt by other agencies.
Clause 59: Cultivation, manufacture, and sale for export of opium.
Clause 81: Inter-state migration; Inter-State quarantine.
Clause 84: Duties of excise on tobacco and other goods
manufactured or produced in India except -
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics, but
including medical and toilet preparations containing alcohol or any
substance included in sub-paragraph (b) of this entry.
The State List
There are total 61 items mentioned in the State list. Under
this List, there are direct references to the provisions of health
care facilities.
Clause No.6 :Public health and sanitation, hospitals and
dispensaries.
Clause No.7: Pilgrimages within India in which case, the
provision of health care facilities comes under the state
responsibilities.
 Clause No.8: Intoxicating liquors- its production,
manufacture, possession, transport, purchase and sale
 Clause No. 10: Burials and burial grounds, cremation and
cremation grounds, proper maintenance of which is very
crucial for human and animal health
The State List continues
Apart from the direct health related clauses, the following are
also indirectly related to health that comes under the State list:
Protection of the plants against pests and prevention of plant
diseases and preservation, protection and improvement of stock
and prevention of animal diseases and of veterinary. (Clause 14)
Water; Most of the animal, human and plant health problems
are the result of improper water management and absence of
clean water supply.
Similarly, fisheries-promotion and fish breeds, protection of
the fish from diseases is also kept under the state responsibilities.
(Clause 17)
The State List continues
Markets and fairs, inns etc. have implications for the health
problems. The state s required to have an overall supervision
of fairs, hotels, inns etc. so that the function of these would
not cause health hazards.
The state has the prerogative of levying excise duties on
alcoholic liquors for human consumption, opium, Indian
hemp and other narcotic drugs and narcotics. With this, the
state has an instrument of control of the consumption of
these items which have powerful implications for the human
health.
The Concurrent List
The Concurrent List or List-III (Seventh Schedule) is a list of 52 items,
of which the following are related to health:
Clause 3: Preventing detention for reasons connected with the
security of the State, the maintenance of public order, or the
maintenance of supplies and services essential to the community;
persons subjected to such detention.
Clause 5 : Marriage and divorce; infants and minors; adoption; wills,
intestacy and succession; joint family and partition; all matters in
respect of which parties in judicial proceedings were immediately
before the commencement of this Constitution subject to their
personal law.
Clause 16: Lunacy and mental deficiency, including places for the
reception or treatment of lunatics and mental deficient.
The Concurrent List contd…
 Clause 18: Adulteration of foodstuffs and other goods.
 Clause 19. Drugs and poisons, subject to the provisions of entry 59 of List with
respect to opium.
 Clause 24: Invalidity and old age pensions and maternity benefits.
 Clause 25: Medical education and universities; medical and other profession
 Clause 28: Charities and charitable institutions.
 Clause 29: Prevention of the extension from one State to another of infectious
or contagious diseases or pets affecting men, animals or plants.
 Clause 30: Vital statistics including registration of births and deaths.
 Clause 33: Trade and commerce in, and the production, supply and
distribution of (b) foodstuffs, including edible oilseeds and oils.
Thank you
Thank you

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  • 1. Health in the Indian federal set- up Dr Sourav Goswami JR, Dept of Community Medicine MGIMS, Sevagram
  • 2. Introduction The seventh schedule of the Indian Constitution mentions the specific responsibilities of different layer of Government in a federal framework towards the question of health. Such responsibilities are indicated under 1. Union List 2. State List 3. Concurrent List
  • 3. The Union List Out of total 100 items mentioned in the Union List or List – I, the following items related to the health services and health status of the people are put under the Union List. Clause 58: Manufacture, supply and distribution of salt by Union agencies; regulation and control of manufacture, supply an distribution of salt by other agencies. Clause 59: Cultivation, manufacture, and sale for export of opium. Clause 81: Inter-state migration; Inter-State quarantine. Clause 84: Duties of excise on tobacco and other goods manufactured or produced in India except - (a) alcoholic liquors for human consumption; (b) opium, Indian hemp and other narcotic drugs and narcotics, but including medical and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.
  • 4. The State List There are total 61 items mentioned in the State list. Under this List, there are direct references to the provisions of health care facilities. Clause No.6 :Public health and sanitation, hospitals and dispensaries. Clause No.7: Pilgrimages within India in which case, the provision of health care facilities comes under the state responsibilities.  Clause No.8: Intoxicating liquors- its production, manufacture, possession, transport, purchase and sale  Clause No. 10: Burials and burial grounds, cremation and cremation grounds, proper maintenance of which is very crucial for human and animal health
  • 5. The State List continues Apart from the direct health related clauses, the following are also indirectly related to health that comes under the State list: Protection of the plants against pests and prevention of plant diseases and preservation, protection and improvement of stock and prevention of animal diseases and of veterinary. (Clause 14) Water; Most of the animal, human and plant health problems are the result of improper water management and absence of clean water supply. Similarly, fisheries-promotion and fish breeds, protection of the fish from diseases is also kept under the state responsibilities. (Clause 17)
  • 6. The State List continues Markets and fairs, inns etc. have implications for the health problems. The state s required to have an overall supervision of fairs, hotels, inns etc. so that the function of these would not cause health hazards. The state has the prerogative of levying excise duties on alcoholic liquors for human consumption, opium, Indian hemp and other narcotic drugs and narcotics. With this, the state has an instrument of control of the consumption of these items which have powerful implications for the human health.
  • 7. The Concurrent List The Concurrent List or List-III (Seventh Schedule) is a list of 52 items, of which the following are related to health: Clause 3: Preventing detention for reasons connected with the security of the State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention. Clause 5 : Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law. Clause 16: Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficient.
  • 8. The Concurrent List contd…  Clause 18: Adulteration of foodstuffs and other goods.  Clause 19. Drugs and poisons, subject to the provisions of entry 59 of List with respect to opium.  Clause 24: Invalidity and old age pensions and maternity benefits.  Clause 25: Medical education and universities; medical and other profession  Clause 28: Charities and charitable institutions.  Clause 29: Prevention of the extension from one State to another of infectious or contagious diseases or pets affecting men, animals or plants.  Clause 30: Vital statistics including registration of births and deaths.  Clause 33: Trade and commerce in, and the production, supply and distribution of (b) foodstuffs, including edible oilseeds and oils.