Legislative Relations

There are four aspects in the Centre-state legislative relations:

    • Territorial extent of central and state legislation
    • Distribution of legislative subjects
    • Parliamentary legislation in the state field
    • Centre’s control over state legislation

 

Territorial extent of central and state legislation

  • Parliament can make law for the whole or any part of the territory of India (territory includes union, state, UT)
  • State legislature can make laws for the whole or any part of the state. Laws made by the state are not applicable outside the state, except when there is sufficient relation between the state and object
  • Parliament can alone make ‘extra-territorial’ legislation
  • Instances when laws made by the Parliament are not applicable:
  • President can make regulations which has a same effect as that of the law made by parliament for- Andaman and Nicobar islands, Daman and Diu, Dadra and Nagar Haveli and Lakshadweep
  • Governor is empowered to direct that an act of parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions
  • Governor of Assam can likewise direct that an ac of Parliament does not apply or apply with some modification. The same power is vested in President in relation to Meghalaya, Tripura and Mizoram

 

Distribution of Legislative subjects

  • Constitution provides for three-fold classification- union list, state list and concurrent list
  • Parliament has exclusive powers vis-à-vis the union list
  • State legislature in normal circumstances has exclusive powers to make laws with matters enumerated in the state list
  • Both state and centre can make laws on matters enumerated in the concurrent list

Remember: 42nd amendment act of 1976 transferred five subjects to constitution

  • Education
  • Forests
  • Weights and measures
  • Protection of wild animals and birds
  • Administration of justice; constitution and organization of all courts except the supreme court and the high courts
  • Power to make laws with residuary subject is vested in the Parliament
  • Union list has precedence over state list and concurrent list has precedence over state list
  • In case of conflict between central law and state law on a subject enumerated in the concurrent list, the central law prevails over the state law. However, if the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in the state. Still, parliament can override the state law by subsequently making a law on that matter

In USA, only powers concerning the federal government are mentioned in the constitution and the other powers are left to the states. In Canada, however, two lists are enumerated- centre and the state and the residuary powers is vested with the centre

This scheme of enumeration of legislative subjects was borrowed from Government of India act, 1935, except for the provision which vested the residuary powers in the governor-general

 

Parliamentary legislation in state field

  • Constitution empowers the Parliament to make laws on any matter enumerated in the state list under the following five extraordinary circumstances:
  • If Rajya Sabha passes a resolution supported by a 2/3rd members present and voting empowering parliament to make a law on a matter enumerated in the state list in the best interest of the country. Such a resolution stays in effect for a year. Such a resolution can be renewed any number of times but not for more than a year at a time. The laws made under this cease to have an effect after expiration of six months of the resolution. However, state can make a law on the same subject, but if there is an inconsistency between state and union law, the latter prevails
  • When a proclamation of National emergency is in vogue then the Parliament can legislative on a matter enumerated in state list. The laws made under this cease to have an effect after expiration of six months of national emergency. Here also, a state law can make a law on the subject, however, the union law would prevail if there is any inconsistency
  • When states make a request for Parliament by passing a resolution to that effect than Parliament becomes empowered to legislate on matters enumerated in the resolution. Once this resolution is passed, the state forfeits every right with regards to that subject
  • Parliament can enacts laws on matters enumerated in the state list so as to enforce international agreements
  • Parliament becomes empowered to enact a law on the state matter during the time of operation of President’s rule. The law made during this time would continue even after the expiration of the president’s rule. However, the state can later pass an act to either modify, or nullify the act as it sees fit

 

Centre’s control over state legislation

  • Constitution has empowered the centre to exercise control over the state’s legislative matters in the following ways:
  • Governor can reserve certain types of bills passed by state legislature for the consideration of the president. The president enjoys absolute veto over them
  • Bills on certain matters enumerated in the state list can be introduced in the state legislature only with prior recommendation of the President. Ex: Inter-state trade and commerce

During a financial emergency, president can call upon a state to reserve money bills and other financial bills for his consideration