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An important feature of a constitution that is federal in nature is the distribution of the powers between the states and the centre. To meet the various needs of India, the Constitution of India provides a new form of a federal system. While forming the blueprint for the distribution of powers the framers of the constitution adopted the pattern of the 1935 Act by the Government of India.
Foremost priority was given to the union/central government than the state government with respect to the distribution of the legislative powers. The scheme of distribution of the powers between the states and the centre (as per the 3 lists of the Indian Constitution), fundamental rights (which states that legislative powers will not contravene the fundamental rights) and also the other provisions of the Indian Constitution (that is between Article 245-254) are the powers of the legislative.
There exist 3 lists that include the distribution of powers as per the seventh schedule of the Constitution of India.
The Union List: The list contains 97 items and is made up of the subjects that are of national importance and provide uniformity in the laws that apply to the entire country. Only the central government has the right to exercise these powers. Some of the subjects of the union list include defence, currency, banking, foreign offers and so on.
The State List: The state list of the Indian constitution includes a total number of 61 subjects. The state list earlier had a total number of 66 lists of subjects. And subjects of the state list that are of interest to the local and the state. Public health, Police, Forest, Health and so on are some of the subjects included in the state list of the Indian Constitution.
Concurrent List: Concurrent List of the Indian Constitution includes the vestige of the power related both to Central and State governments. The concurrent list of the Indian Constitution consists of 52 subjects. The main purpose of forming the concurrent list was to avoid the excessive rigidity of a double-fold distribution. It could be called a zone of twilight. In the concurrent list the states as well as the government, both can take up the initiative. The states can take up the initiative for the subjects falling under the concurrent list that are ‘not so important and the subjects that are of utmost importance in the concurrent list are been taken up by the Central Government.
What are the subjects under the state list of India?
The subjects of the state list of the Indian Constitution earlier consisted of a total number of 66 subjects and later as per the 42nd amendment of 1976 the five above-mentioned subjects were shifted from the state list to the concurrent list. The state legislatures own the powers to form and exercise the powers with respect to the subjects of the state list of India. Article 249 of the Indian Constitution permits the Parliament to legislate the subject concerning the state list of the Indian constitution.
There exist three conditions based on which the Parliament can make laws on the state list,
When there is a resolution passed by the Rajya Sabha
During the national emergency as per Article 250 of the Indian Constitution
When there is a request passed by two or more states requesting the Parliament to legislate on the subjects that are under the state list.
But, it is to be taken into consideration that it is possible for the law to be made applicable only when there is a resolution passed by such states and the states also should adopt the law by passing the same resolution. Secondly, the resolution passed by the Parliament of India on the states can only be amended by the Parliament and cannot be amended by the states for the introduction of the agreements related to the international level and if there is an implementation of the rule of the President. The matters specified in the state list are the ones related to local and the importance related to the region. In the state list, there persist twenty such subjects on which the legislatures of the states own the exclusive rights to levy the taxes.
There is a special provision made to the National Capital of the country as per the 69th Amendment of the act of 1991 of the Indian Constitution. As per the amendment, it is been stated that the Delhi government can frame the laws except on the three following subjects, Public order, Land and Police.
Conclusion
The powers of the Indian constitution are vested in the state, union and the concurrent list. This feature of the federal system of the government enables efficient working both at the centre and at the state levels of the nation. Article 249 of the Indian Constitution permits the Parliament to legislate the subject concerning the state list of the Indian constitution.
