THE FEDERAL SCHEME LESSON:2 BY SWETA CHOWDHURY
LEGISLATIVE RELATIONS Debate: Alladi Krishnaswami Aiyar- Two Lists prevail- Government of India Act 1935 Adoption of the Canadian system with an addition- the Concurrent List- Others in the Drafting Committee- the existing scheme must detailed Concurrent List along the lines of the Australian federal system Three elaborate Lists- Seventh Schedule-cooperative federalism- state autonomy and initiation and Parliamentary interference for national unity along with "joint consultation and action..." Art. 245- Doctrine of territorial nexus
LEGISLATIVE RELATIONS THREE LISTS: Art. 246 UNION LIST- Hundred items- defence, armed forces, foreign affairs citizenship, Union Public Services, income tax, the Reserve Bank of India STATE LIST- Sixty One items-local government, police, public order, education, public health and sanitation CONCURRENT LIST Fifty Two items-price control, marriage, detention, bankruptcy and insolvency RESIDUARY POWERS VESTED IN THE UNION- Art. 248
POWER OF LEGISLATION UNION LIST: exclusive power of legislation to the Parliament- necessary to formulate uniform laws throughout the country STATE LIST: exclusive power of legislation to the State Legislatures- necessary to fulfill local needs and aspirations- "diversity of treatment with respect to different items in the different States of the Union." CONCURRENT LIST: both the Union and the States can legislate- necessary in terms of India's "size and complexity"- items on which uniform legislation "is desirable but not essential."
EXCEPTIONS TO THE EXCLUSIVE POWER OF THE STATES OVER THE STATE LIST Art. 249: Two-thirds of the members present and voting in the Council of States may pass a resolution for the Parliament to make laws on an item in the State List-valid for an year until and unless another resolution is passed for it's continuation- time limit as a safeguard Art. 250: Parliament can legislate on all the items contained in the State List during the Proclamation of Emergency- valid till the Emergency is in force and six months beyond the withdrawal of Emergency Art. 252: Two or more State Legislatures may pass resolutions for the Parliament to legislate in order to regulate items contained in the State Li Parliamentary action due to State initiation Art.356: Breakdown of Constitutional machinery in a State
CONCURRENTLIST Laws made by the Parliament prevail over and above laws made by the State Legislatures- the States are empowered to legislate on the items as long as the Parliament does not make a law on them EXCEPTION: State law prevails over a law made by the Parliament in the past if it receives Presidential assent- allows for an up gradation of existing laws
NEED FOR A CONCURRENT LIST Progressive states get an opportunity to legislate on the items- imitated by other States- an issue attains national importance gradually for the Parliament to pass a suitable and appropriate law Reduces the possibility of conflict- items included reflect both State and Centre interests- no mutual encroachment due to powers of legislation to both- TWILIGHT ZONE"- "shock absorber"- imperative for meeting exigencies without a conflict
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.