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CENTRE’S CONTROL OVER STATE LEGISLATION

The Central Government of India has controlling power over its unitary states as they can make the laws for the whole country and implement them.

The Central Government of India can take and pass the laws for the whole country, whereas the states can not make the laws. Thus, the centre has got some arbitrary power over the states in terms of procurement of the legislation and their power over the legislative measures. The governor can still preserve certain kinds of state bills and rights to recommend to  the honorary President of India.  Some  aspects mentioned in the state list can be brought to the President after getting permission from him or her. 

Polity

As per the rule, the Centre practices the administrative power and authority over all the affairs on which the parliament has the power for making the laws for the entire country. The state government can only practice the  stated laws and laws for themselves which are included in the state list. The Central Government of India can also employ their laws over the states when necessary. As per Articles 245 to 255 in Part XI of the Indian Constitution, the legislative ties between the central and state governments have been mentioned. This states a double division between the states and the union with their legislative authorities including the recognition of territory and their relation towards the subject matter.

Central Government’s Powers

As per Articles 245 to 255, the centre has been given immense authority over formulating new laws over the country and its union territories. The Centre and State relations are separated in terms of the following three aspects- the legislative relationship, administrative relation and the financial relation. Along with them, the legislative ties between the states and the central government are vastly governed by those above-mentioned articles. This tie sets up a double division between the states and the unions too with some legislative authorities. As per Article 257, the authorities of the states would have to be exercised in a way that can not be extended to the union’s internal matters or legislative measures. Exceptions are there regarding these rules in terms of the union’s executive powers regarding their legislative exercises which are bounded within some limited areas. The Central Government of India can make some necessary actions regarding the union’s practice of power when necessary.

Meaning of State Legislature 

The constitution has already divided the authorities of the union and the states into three lists- the Union Lists, the State List and the Concurrent List. The union list is made up of a total of 99 items, which have the power to frame all the laws on the matters listed there. Those affairs include the defence sector, foreign affairs, armed forces, artillery, telegraph, posts and other communicative measures. The state list is composed of 61 subject matters on which the states have the right to make their laws. The state list includes telegraph, communication, foreign trades defence, artillery and so on. The concurrent list involves 52 items which include all the civil and criminal procedures, divorce, marriage, economic and specially planned trade pacts or M&A of the national and foreign companies. This list also includes electricity, education, population control, education and family planning as well. 

Centres control over State Legislation 

The Indian parliament works on behalf of the central government, that is why the central government can employ a vast amount of authority over the states and the union territories. The parliament has been given immense power over the employment of the duties of the state officials via any of their laws. The states or the union government can only discharge those duties set and designed by the Central Government. The Parliament alone has the power to make “Extraterritorial Legislation”, thus this can be implemented not only for the Indian citizens but also on Indian property in other parts of the world. 

Apart from the Parliament’s power over the states to take legislative measures on the state’s matters, under some exceptions, the central government can take control over the states’ legislations as per the Constitution of India. The governor can preserve certain state bills to be passed by the President via their veto power. The President can also direct the state government for reservation of money and bills along with other financial budgeting, transactions or bills passed by the state legislature in times of financial emergencies.

Conclusion                                                            

From the above discussion, the intricate relationship between the states and the central government has been discussed, so the Central’s power over the states have been briefly analyzed. Such bills can be regarding trade and commerce, freedom from the restriction in the trading, incorporating more investments from the foreign investors and making job opportunities and other developmental facilities for the state’s welfare.

 
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