Centre-State legislative relations
Q. What are the correct territorial limits of legislative powers vested in centre and state?
1) Parliament can make law for a part of territory of India.
2) ‘Extra-territorial legislation’ can be made by Parliament as well as states (in some cases).
3) In case of overlap in concurrent and state list, concurrent list prevails.
4) During a financial emergency the President can ask the states to reserve their financial bills including money bills for his consideration.- Published on 24 Feb 17a. 1, 2, 4
b. 1, 3, 4
c. 2, 3
d. All of the above
ANSWER: 1, 3, 4
- Legislative Relations between Centre and State are described in Articles 245 to 255 in Part 11 of the Constitution.
- Apart from these there are some other articles too.
Distribution of legislative subjects amongst Centre and states -
- Legislative Subjects are divided into 3 lists in the 7th schedule.
- Only Union government can legislate on subjects in Union List.
- Only State Government can legislate on subjects in State List.
- Both Union and State Governments and legislate on subjects in concurrent List.
- There is dominance of Union list over other two lists and that of concurrent list over state list.
- Also, in case of conflict, the dominant list always prevails.
- If there is a conflict between the Union law and the state law on a subject of the Concurrent List, then the Union law prevails.
- However there is one exception to it.
- If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state.
- However, here again the Parliament can override this state law by making a law on the same matter.
Extent of Union and State Laws -
- Parliament can make laws for entire India or a part of it.
- State can make laws for whole state or part of it.
- ‘Extra-territorial legislation’ can be made only by Parliament. These kinds of legislations can be applied to Indian citizens and their property, etc. in any part of the world.
- Also the President, governor, etc. can make legislations for scheduled areas and scheduled tribes.
- They can direct that laws of parliament will not apply or apply with changes to certain areas.
Parliamentary legislation in state field -
Parliament can make laws on subjects in state list -
(a) If Rajya Sabha passes such a resolution
(b) During a national emergency
(c) When two or more states make a request for it
(d) For implementing international agreements
(e) During President’s rule in the state
Union’s control and authority over State legislations -
- The governor can reserve certain state legislations for consideration of the President.
- During a financial emergency the President can ask the states to reserve their financial bills including money bills for his consideration.
- Certain bills on state subjects can be introduced in state legislature only with prior approval of the President.
