Distribution of Legislative Powers Between the Union and the States

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What is the meaning of legislative power? Legislation refers to the process of framing and executing laws by government officials. Legislation helps execute an action when the area faces unusual trouble or chaos. It aids in organising and protecting the people in an orderly manner. The Constitution of India has distributed legislative powers between the Union and the States to facilitate governing processes.

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Relations Between the Union and the States

The relations between the Union and the States are based on the division of power between the governing parties. These relations are classified into three types:

• Legislative relations: Articles 245 to 255 of the Constitution
• Administrative relations: Articles 256 to 263 of the Constitution
• Financial relations: Articles 268 to 293 of the Constitution

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Distribution of Legislative Powers

The distribution of legislative powers between the Union and the States falls under the Government of India Act, 1935 which was also followed in Constitution of India. The legislative relations distribute the power of lawmaking and governing between the Union and the States. The rules and regulations were drafted under Part XI of the Indian Constitution and are dealt with in Articles 245 to 255. Articles 78 and 86 discuss the legislative powers of the President. 

Article 245

• The Parliament can make laws for the whole or any part of the country.
• A State legislature can make laws for the whole or any part of the State.
• The law of Parliament is never invalid even when the effect pertains to outside the country.

Article 246

• It talks about the Parliamentary laws and the laws proposed by the State.

Article 247

• The Parliament can establish additional courts to better manage the country’s laws.

Article 248

• The Parliament can pass laws on any item not listed in the State or Concurrent List.

Article 249

• In a matter of national interest with a two-thirds majority, the Parliament has absolute power to legislate over the items on the State list.

Article 250

• In emergencies, the Parliament has absolute power to legislate over the State.

Article 251

• Even under the conditions of Articles 249 and 250, the State shall legislate as usual but remain inactive in Parliamentary legislative matters alone.
• The State legislation remains inactive until the Parliamentary order is completed.

Article 252

• The Parliamentary law can be nullified only by the passing of another law by the Parliament itself.
• State legislation has no power over this.

Article 253

• The Parliament has the power to make a decision regarding any international treaty or agreement for the whole or any part of the country.

Article 254

• It talks about the inconsistency of State and Parliamentary legislation.

Article 255

• It talks about the previously passed laws and recommendations.

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Three Lists for the Distribution of Legislative Powers Between the Union and the States

The legislative powers between the Union and the States are divided into three lists – Union List, State List, and Concurrent List:

Union List

• The Union List has 97 items.
• The Parliament has supreme power over the items on this list.
• It falls under the Seventh Schedule of the Constitution of India.
• The Union List deals with nationally important subjects like defence, banking, foreign affairs, railways, atomic energy, etc.

State List

• The State List contains 61 items.
• The State Legislature has supreme power over the items on this list.
• It falls under the Seventh Schedule of the Constitution of India. 
• The State List deals with the production, transport, manufacture, and sale of intoxicating liquors; public health; agricultural education and research; state public services, etc.

Concurrent List

• The Concurrent List contains 52 items.
• Both the Union and the States have power over the items on this list.
• It falls under the Seventh Schedule of the Constitution of India.
• The Concurrent List deals with criminal law and procedure, forests and their flora and fauna, industrial disputes, population control, etc.

Residuary Power

Residuary powers of legislation are included in Article 248 of the Constitution of India. The Union Parliament has exclusive powers over any item not covered in the State or Concurrent Lists.

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Conclusion

The governing process is facilitated when power is divided according to the governing parties. The legislative powers are divided under the Seventh Schedule of Part XI of the Constitution of India. The Union has greater power than the States, even though some items are listed under State legislatures. Parliamentary legislature comes into effect in case of international agreements and emergency conditions.