Centre State Relation and Legislative Relationships

Because of the Indian Constitution’s federal nature, the authorities have been divided between the center and the states. However, the same notion does not apply to democracy’s judicial pillar, as the Constitution mandates an integrated judicial system to protect federal and state laws.

Relations between center and the states will be examined under three major headings:

• Legislative relations between centre and state
• Administrative relations between centre and state
• Financial relations between centre and state

Legislative relations between centre and state :

Articles 245 to 255 of Part XI of the Indian Constitution deal with the legislative relations between Centre and state. Aside from the articles mentioned above, several others deal with the same topics. The Legislative relations between centre and state are divided into four categories:

1. The territorial scope of Central and state legislation.
2. Legislative subjects are distributed.
3. State-level parliamentary legislation.
4. The federal government’s power over state legislation.

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Territorial Extent of Central and State Legislation

• Article 245(1): Parliament has the power to enact laws that apply to all or part of India’s territory. A state legislature can pass laws that apply to the entire state or only a portion. Except for an essential link between the state and the object, the laws enacted by a state legislature are not applicable beyond the state
• Legislation passed by Parliament has an extraterritorial effect (outside of Indian Territory). Laws enacted by Parliament govern the Indian Subjects and their property in any part of the world
• The President has the authority to issue regulations for the peace, progress, and good governance of the Union Territories of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh, and such regulations may amend or repeal a law passed by Parliament relating to such territory
• The Governor has the authority to direct that a Parliamentary act does not apply to a designated area in the state or apply with specific modifications and exceptions
• Any other Act of Parliament that does not apply to an autonomous district or tribal region may be directed by the Governor of Assam. In Meghalaya, Tripura, and Mizoram, the President has similar powers over tribal areas

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Distribution of Legislative Subjects

• List-I (the Union List), List-II (the State List), and List-III (the Concurrent List) in the Seventh Schedule of the Constitution provide a three-fold distribution of legislative subjects among the Union and the states
• One hundred subjects (originally 97) on the Union List: The subjects specified in the Union List are of national importance, and only Parliament has the authority to enact legislation on them
• Only the States have exclusive power to establish legislation for the State List, which now has 61 subjects (up from 66)
• Concurrent List (originally 47) with 52 subjects: On the subjects listed in the Concurrent List, both the Union and the States have the authority to make laws. In a contradiction between the Central and State laws, the Central law takes precedence
• Article 248: Residuary Powers: Parliament has sole authority to pass legislation on issues not included by any three lists. Courts decide whether a particular matter falls under the residuary control or not
• When two or more topics overlap, the order of predominance is Union > Concurrent > State
• In the event of a conflict between Central and state legislation on a topic listed in the Concurrent List, the Central law takes precedence. However, if state law has been reserved for the President’s consideration and has got his consent, the state law is valid in that state. However, the Parliament may still have the authority to overturn such legislation by enacting a new law on the same subject

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Parliamentary Legislation in the State Field

• Under the following five unusual circumstances, the Constitution empowers Parliament to pass laws on any issue listed in the State List

• When the Rajya Sabha passes a resolution declaring that it is necessary for the national interest for Parliament to pass legislation, the Parliament gains the authority to pass legislation on the State List
• Two-thirds of the members present and voting should vote in favour of such a resolution
• The resolution is valid for one year and can be renewed as many times as needed, but not for more than one year
• The legislation enacted loses its force six months after the resolution is no longer in force
• This provision does not limit the ability of state legislatures to pass laws on the same subject. In the event of a conflict between state law and legislative law, the latter will prevail.

During a national emergency, under Article 250

• During a National Emergency, the article enables Parliament to pass laws that apply to the entire country or any part of India’s territory on all topics on the State List
• However, such a statute might be repealed six months after the emergency proclamation has ended
• A state legislature’s ability to pass laws on the same issue is also unrestricted in this case. However, if a legislative and state law conflict, the latter takes precedence

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Article 252

• When state legislatures issue resolutions: When the legislatures of two or more state governments pass resolutions requesting that the Parliament enact laws on a subject listed in the State List, the Parliament can enact laws to regulate that subject
• A law approved in this manner is only applicable to the states that have passed the resolutions
• However, any other state government may adopt it later by enacting a resolution in its legislature to that effect. Only the Parliament, not the legislatures of the involved states, can alter or repeal such a statute
• The impact of approving such a resolution is that the state legislature’s power over that issue is completely surrendered. It is placed entirely in the hands of Parliament, which can then create legislation about it
• Article 253 gives Parliament the power to enact legislation for the entire country or any part of India’s territory to execute treaties, international agreements, and conventions
• Article 256-During President’s Rule: When the President’s Rule is imposed in a state, the Parliament is given the right to pass legislation on any subject listed in the State List that pertains to that state
• A law passed by Parliament remains in effect even after the President’s term ends. This means that the length of time for which a regulation is in effect does not coincide with the duration of the President’s administration
• The state legislature can later repeal, amend, or re-enact such legislation

Centre’s Control over State Legislation

• Furthermore, the Constitution enables the Centre to exercise control over the state’s legislative concerns in the following ways, despite the Parliament’s capacity to legislate directly on state subjects in extraordinary circumstances
• Certain types of measures passed by the state legislature may be reserved for review by the President by the Governor. The President has complete control over them. (See Article 200.)
• Bills on specific issues in the State List may only be introduced in the state legislature with the President’s prior approval. (For example, bills restricting and limiting the freedom of trade and business.)
• During a financial emergency, the Union government can direct states to hold money bills and other financial bills passed by state legislatures for review by the President

Conclusion

The Indian Constitution’s power distribution between the Centre and the States is based on the scheme established by the Government of India Act of 1935. Though the federal provision was never implemented, it served as a model for India’s federal state, which was established in the 1950 Constitution. However, this Act established autonomous provinces as the first step in the federation’s formation.