PCS (j) Notes: Constitutional Law, LEGISLATIVE RELATION BETWEEN THE UNION AND THE STATES

LEGISLATIVE RELATION BETWEEN THE UNION AND THE STATES

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The division of Governmental powers, or the right to exercise them, between the Union (also known as “the Centre”) and State Governments, in Constitutional parlance is spoken of as the ‘Division of Sovereignty.’

The relation between the Union and the State is of three types:

  1. Legislative Relation (Article 245 -253)
  2. Administrative Relation (Article 256-263)
  3. Financial Relation (Article 264 – 291)

Legislative Relations (Article 245 – 253)

“Parliament may make laws for the whole or any part of the territory of India, and the legislature of the State may make laws for the whole or any part of the State.” Article 245 defines the territorial limits of the powers of legislation vested in the Parliament and the legislature of the States.

  1. Union List [Article 246 (1) and Schedule 7]

Parliament has exclusive power to make laws with respect to any of the 97 matters enumerated in the Union List.

  • Defence
  • Naval, Military, Air forces; other armed forces of Union
  • War and Peace
  • Railways
  • Central Bureau of Intelligence & Investigation
  1. Concurrent List [Article 246 (2) and Schedule 7]

Parliament and the legislature of any State also have the power to make laws with respect to any of the matters enumerated in the “concurrent list.” This list enumerates 47 matters.

  • Stamp Duty
  • Drugs and Poison
  • Electricity
  • Newspaper
  1. State List [Article 246 (3) and Schedule 7]

The legislature of any State has exclusive powers to make laws for such State with respect to any of the 66 matters enumerated in the State List.

  • Trade and Commerce
  • Police
  • Fisheries

State Legislature, not a delegate of the Union or Parliament

The State Legislature under the Indian Constitution is not a delegate of Union Parliament. Both the legislatures derive powers from the same Constitution, The State Legislature has independent Legislative powers within its appointed sphere. (State vs. Narayandas, AIR 1958 Bom 68)

The Union Legislature cannot delegate or transfer its powers to the State Legislature, and vice versa. [In re Delhi Laws Act, 1912 (1961) S.C.R. 1747]

 

When Parliament can legislate with respect to matters in the State List or Concurrent List (Article 248 – 253)

  1. Residuary powers of Legislation (Article 248)

It is clear from Article 248 that all residuary powers of legislation remains with the Parliament. Despite the most elaborate and exhaustive enumeration, it is beyond the wit of a man to anticipate all matters of future legislation.

  1. National Interest (Article 249)

The Parliament can legislate on a matter in State List in a National interest upon a resolution passed by the Council of States booked by two-third (2/3rd ) of the members present and voting.

  1. During Proclamation of Emergency (Article 250)

While Proclamation of Emergency, the Parliament has the power to make laws for the whole or any part of the territory of India with respect to any matter enumerated in State List.

  1. By consent of the States (Article 251)

The Parliament can legislate for two or more States by their consent. Resolution to that affect must be passed by all the houses of the Legislature of such States.

  1. International Agreement (Article 253)

The Parliament has the power to make any law, for implementing a treaty, agreement or convention with other country.

The provision for inconsistency between Union Laws and State Laws are envisaged in Article 251 and Article 254 which declare the principle that when a State Law conflicts with the law made by the Parliament, the latter shall prevail.

 

by Harshit Sharma

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