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Federalism-Part 2
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The legislative relations between the Union and the States have being dealt with in this lesson

Sweta Chowdhury
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.

Unacademy user
sir 12.7 ki jagah 12.9 hoga. Is question ki data ki wajah se basic method hi best rahega sir.
Brilliantly explained

  2. 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

  3. 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

  4. 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."

  5. 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

  6. 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

  7. 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