Centre-State Legislative Relations refer to how the legislative powers are shared between the Centre and the states in India. The Articles 245 to 255 in Part XI of the Constitution explain these relations. This topic is important for the UPSC exam because it helps in understanding how India’s federal system works. It is essential for the governance structure, as it shows how the Constitution balances the powers between the central government and state governments. This topic often appears in General Studies Paper II and the Indian Polity section, making it crucial for UPSC aspirants to understand how these relations impact governance and lawmaking in India.
Four Key Aspects of Centre-State Legislative Relations:
A. Territorial Extent of Legislation
B. Distribution of Legislative Subjects
C. Parliamentary Legislation in State Field
D. Centre’s Control Over State Legislation
A. Territorial Extent of Central and State Legislation
The Constitution defines the territorial limits of legislative powers as follows:
1. Parliament’s Legislative Powers:
• Can make laws for whole or any part of India, including:
States
Union Territories
Any other area included in India.
• Extraterritorial Jurisdiction:
Laws of Parliament apply to Indian citizens and their property anywhere in the world.
2. State Legislature’s Legislative Powers:
• Can make laws for the whole or any part of the state.
• State laws do not apply outside the state unless a nexus exists between the state and the object.
3. Restrictions on Parliament’s Territorial Jurisdiction:
• Certain areas are exempt from Parliament’s direct legislative control:
I. Union Territories Regulations:
• The President can issue regulations for peace, progress, and good governance for the Union Territories:
• Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh.
• These regulations have the force of a parliamentary law.
II. Scheduled and Tribal Areas:
• Governor’s Powers:
• Can modify or exempt the application of parliamentary acts in scheduled areas or tribal areas within their state.
• Governor of Assam:
• Can modify or exempt parliamentary laws in autonomous districts in Assam.
• President’s Powers:
• Can modify or exempt parliamentary acts in tribal areas of Meghalaya, Mizoram, and Tripura.
B. Distribution of Legislative Subjects Between Centre and States
1. Basis of Distribution
The Constitution provides a three-fold distribution of legislative subjects under the Seventh Schedule:
• Union List (List I)
• State List (List II)
• Concurrent List (List III)
2. Details of the Lists
1. Union List
• Parliament has exclusive powers to legislate on matters of national importance.
• Contains 98 subjects (originally 97), such as:
• Defence, foreign affairs, atomic energy, banking, communication, and inter-state trade.
2. State List
• State legislatures have exclusive powers to legislate on regional and local matters in “normal circumstances.”
• Contains 59 subjects (originally 66), such as:
• Public order, police, public health, sanitation, agriculture, and local governance.
3. Concurrent List
• Both Parliament and state legislatures can legislate.
• Contains 52 subjects (originally 47), such as:
• Criminal law, marriage and divorce, population control, electricity, and labour welfare.
• 42nd Amendment Act (1976): Transferred five subjects from the State List to the Concurrent List:
• Education
• Forests
• Weights and measures
• Protection of wild animals and birds
• Administration of justice (excluding the Supreme Court and High Courts).
3. Special Provisions
1. Union Territories and Acquired Territories
• Parliament can legislate on matters in the State List for Union Territories or acquired territories.
2. Goods and Services Tax (GST)
• Parliament and state legislatures have concurrent powers to legislate on GST.
• Parliament has exclusive power over inter-state trade of goods and services.
3. Residuary Powers
• Parliament has the authority over residuary subjects (matters not listed in any of the three lists).
• Includes residuary taxation.
4. Predominance of Lists
1. Union List vs. State List:
• Union List prevails in case of overlap or conflict.
2. Union List vs. Concurrent List:
• Union List prevails.
3. Concurrent List vs. State List:
• Concurrent List prevails.
4. Conflict on Concurrent List Subjects:
• Central law overrides state law unless:
• State law is reserved for the President’s assent and has received it.
• Parliament can still override such a state law later.
5. Comparison with Other Constitutions
1. United States:
• Only Federal Government powers are enumerated; residuary powers belong to states.
2. Canada:
• Dual enumeration: Federal and Provincial. Residuary powers belong to the Centre.
3. India:
• Follows the Government of India Act, 1935 scheme with a three-fold distribution.
• Residuary powers vested in Parliament, similar to the Canadian model.
C. Parliamentary Legislation in the State Field
The Constitution generally maintains a clear division of legislative powers between the Centre and states. However, under extraordinary circumstances, the Parliament is empowered to legislate on matters in the State List, temporarily overriding the standard distribution of powers.
Five Extraordinary Circumstances for Parliamentary Legislation in the State Subject
1. When Rajya Sabha Passes a Resolution
• Condition:
If Rajya Sabha declares, by a resolution supported by two-thirds of members present and voting, that it is necessary in the national interest for Parliament to legislate on a State List matter or goods and services tax (GST).
• Duration of Resolution:
Remains in force for one year, renewable for additional one-year periods.
• Effect of Laws Passed:
Remain in force until six months after the resolution ceases to be in force.
• State Legislature’s Role:
States can continue to legislate on the same matter.
In case of conflict, Parliament’s law prevails.
2. During a National Emergency
• Condition:
While a National Emergency (under Article 352) is in operation.
• Effect of Laws Passed:
Remain in force until six months after the emergency ends.
• State Legislature’s Role:
States can legislate on the same matter.
In case of conflict, Parliament’s law prevails.
3. When States Make a Request
• Condition:
If the legislatures of two or more states pass resolutions requesting Parliament to legislate on a matter in the State List.
• Applicability of Laws:
Laws apply only to the states making the request, but other states can adopt them later through their legislatures.
• Power of Amendment or Repeal:
Only Parliament can amend or repeal such laws.
• Examples:
Prize Competition Act, 1955
Wild Life (Protection) Act, 1972
Water (Prevention and Control of Pollution) Act, 1974
4. To Implement International Agreements
• Condition:
Parliament can legislate on any State List matter to implement international treaties, agreements, or conventions.
• Purpose:
Enables the government to fulfil international obligations.
• Examples:
United Nations (Privileges and Immunities) Act, 1947
Geneva Convention Act, 1960
Anti-Hijacking Act, 1982
5. During President’s Rule
• Condition:
When President’s Rule (under Article 356) is imposed in a state.
• Effect of Laws Passed:
Such laws remain operative even after President’s Rule ends.
• State Legislature’s Role:
The state legislature can later repeal, alter, or re-enact such laws.
Implications of Parliamentary Legislation in State Field
• Ensures national unity during emergencies or critical circumstances.
• Facilitates cooperation between Centre and states.
• Strengthens the Union’s role in areas requiring uniformity or international obligations.
D. Centre’s Control Over State Legislation
The Constitution of India assigns the Union a position of supremacy in the legislative sphere, particularly to ensure uniformity, resolve conflicts, and maintain harmony in governance. This control is exercised in specific ways:
Mechanisms of Control
1. Reservation of Bills by the Governor
• Provision:
Certain bills passed by the state legislature can be reserved by the governor for the President’s consideration.
• President’s Role:
The President can exercise absolute veto on these bills, effectively rejecting them.
• Significance:
Ensures that state legislations align with the national interest or constitutional provisions.
2. Previous Sanction of the President
• Provision:
Bills on specific matters in the State List require prior approval from the President before being introduced in the state legislature.
• Example:
Bills imposing restrictions on the freedom of trade and commerce.
• Significance:
Prevents states from enacting laws that may hinder national economic policies or interests.
3. Reservation of Money Bills During a Financial Emergency
• Provision:
During a Financial Emergency (Article 360), the Centre can direct states to reserve money bills and financial bills for the President’s approval.
• Significance:
Ensures that state financial policies do not undermine the economic stability of the nation.
Sarkaria Commission’s Observations on Centre-State Legislative Relations
The Sarkaria Commission on Centre-State Relations (1983–88) emphasized the importance of federal supremacy for the smooth functioning of India’s federal system:
1. Prevention of Conflict:
• Union supremacy ensures the resolution of conflicts between Union and state laws, avoiding legal confusion.
2. Integrated Legislative Policy:
• Uniformity on critical issues of common concern is necessary for national integrity.
3. Federal Unity:
• Without Union supremacy, federal principles such as unity in diversity may suffer, leading to strife and stagnation in governance.
4. Safeguard Against Legal Chaos:
• Federal supremacy prevents the creation of conflicting laws that could overwhelm citizens and hinder governance.
Conclusion on Centre-State Legislative Relations
The framework of Centre-State Legislative Relations ensures a balance between the autonomy of states and the supremacy of the Centre in areas of national importance. Through mechanisms such as territorial jurisdiction, the division of legislative subjects, and the ability for Parliament to legislate in extraordinary situations, this relationship helps maintain unity and governance consistency. The Centre’s control over state legislation further ensures that regional laws align with the national interest, making Centre-State Legislative Relations vital for India’s federal structure and democratic stability.
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