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India has a federal structure i.e. there is division of powers between the Centre and the State. These
division of powers can be classified into following types :
1. Legislative Powers (enumerated in Articles 245 to 255 in Part XI of the constitution)
2. Administrative Powers (enumerated in Articles 256 to 263 in Part XI of the constitution)
3. Financial Powers (enumerated in Articles 268 to 293 in Part XII of the constitution)
Judicial powers have not been divided among the Centre and the state. As the judicial powers are
exercised by an integrated system of judicial courts only with Supreme Court at its apex followed by
High Court & then the Subordinate courts.
Why certain provisions were inserted in the constitution that dealt with the relations between
centre and state?
Federal structure
Also, centre and state are supreme in their respective areas.
But for India to work as an integrated nation, most important necessity for this is the smooth
functioning of centre and state collectively.
Hence, for this purpose, certain provisions regarding the same have been added in the
constitution.
Difference between the legislative powers of Centre and State
Sr.
No.
Centre
State
Centre has the power to make laws that are extraterritorial in nature i.e. such laws are applicable
outside India.
*Note :
i) If President has the supreme power in the case of Union Territory. If the President thinks that a
particular law is not fit for any union territory he can even repeal or amend that act.
ii) Governor of the state has the power to limit or modify the provisions of any law made by Parliament
on the grounds of protecting the interests of Scheduled Area.
iii) The Governor of Assam may direct that an act of Parliament does not apply to a tribal area
(Autonomous District) in the state or apply with specified modifications and exceptions. The President
enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura &
Mizoram.
Way of distribution of legislative subject
Subjects in India have been divided into three types according to constitution:
1. Union List
2. State List
3. Concurrent List
Sr.
No.
List
Description
Union List
Only Parliament can make laws in the case of a subject listed in the Union
list. It has 100 subjects for now.
State List
Only state can make laws in the case of a subject listed in the State List. It
has 61 subjects for now.
Concurrent List
Parliament and state (both) are allowed to make laws on the subjects listed
in this list. If both have made laws on the same subject then the central law
overrides the state law. It has 52 subjects for now.
42nd Amendment Act, 1976 transferred 5 Subjects from state list to
concurrent list. (those five subjects were 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.
Residuary subjects : Only Parliament has the power to make laws on the subjects that are not
enumerated in any of the list mentioned. These subjects are called residuary subjects & the
power the parliament has in case of them is called residuary powers.
This classification of subjects into three lists has been taken by India from the Government of
India Act 1935.
Order of the list in which they have received power: Union list > Concurrent List > State List.
Conditions in which Parliament can make laws on subjects mentioned in the State List
Sr.
No.
Condition
Description
During
Presidents
rule in the
state
centre has the power to make laws on any subject mentioned in the state list.
Such laws remain in place even after the end of Presidents rule in the state.
But state legislature can alter or repeal or re-enact such laws.
To implement centre has the power to make laws on any subject mentioned in the state list so
International as to give effect to any international agreement that India has signed.
Agreement
When states
make a
request
When the state legislatures of two or more states make request to centre to
make laws on a subject mentioned in the state list, then centre has the power
to make laws on subject mentioned in the state list.
But such laws are only applicable to those states who had passed a resolution
for such a request. Other states can also request for such laws.
But they have to pass a resolution of the same in their state legislature. Such
laws made by the centre can only be amended or repealed by Parliament
alone.
(That request made by the state indicates that state has surrendered its power
to make laws on that subject to the centre)
During
National
Emergency
Parliament gets the power to make laws on subjects in state list in case of
proclamation of national emergency. Any law created in this period expires
after six months after the emergency ceases to operate.
When Rajya
Sabha
passes a
resolution
If the Rajya Sabha declares that it is necessary in the national interest that
Parliament should make laws on a matter in the state list, then the parliament
becomes competent to make laws on that matter.
Such a resolution must be supported by two-thirds of the members present and
voting. The resolution remains in force for one year; it can be renewed any
number of times but not exceeding one year at a time.
The laws cease to have effect on the expiration of six months after the
resolution has ceased to be in force.
Way
Description
By
Governor
Governor can reserve some bills passed by the state legislature for the Presidents
consideration. The President has absolute veto over them.
By
State has to take prior permission from President in case of law made on a certain
President subjects in state list. (like the bill to restrict trade and commerce)
By
President can direct the states to reserve money bills and other financial bills
President passed by the state legislature for his consideration during financial emergency.
Centre
State
Centre
State
Title
Description