Structure:

Introduction: Mention the articles that deal with the distribution of legislative powers.

Body: Discuss the four aspects in the Centre–states legislative relations, viz.

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

Conclusion: Conclude that Parliament is provided with more power compared to State Legislatures.

Content:

Introduction:

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states. Besides these, there are some other articles dealing with the same subject.

Like any other Federal Constitution, the Indian Constitution also divides the legislative powers between the Centre and the states with respect to both the territory and the subjects of legislation.

Body:

Territorial Extent of Central and State Legislations

• The Parliament can make laws for the whole or any part of the territory of India. Territory of India includes the states, UTs and any other area for the time being included in the territory of India.
• The Parliament can alone make ‘extra territorial legislation’ thus the laws of the Parliament are applicable to the Indian citizens and their property in any part of the world.

Distribution of Legislative Powers:

• The Constitution divides the legislative powers between the union and the states in the following 3 lists mentioned in the Seventh Schedule:
• Union List: It consists of 98 subjects (originally 97 subjects). The subjects mentioned in the Union List are of national importance and include defence, foreign affairs, banking, currency and coinage, union taxes and duties. The Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List.
• State List: It consists of 59 subjects (originally 66 subjects). These are of local importance such as, local government, public order and police, agriculture, forest, public health and sanitation, fisheries, education, State taxes and duties. The states under normal circumstances have exclusive power to make laws on subjects mentioned in the State List.
• Concurrent List: It consists of 52 subjects (originally 47 subjects) at present. Both the Parliament and the state legislature can make laws on the subjects mentioned in the Concurrent List. If there is a conflict between the central and the state law on Concurrent subjects, the Central law will prevail. Some of the subjects under this list include population control and family planning, electricity, labour welfare, economic and social planning, marriage and divorce, drugs, newspapers, books and printing press and others.

Parliament is conferred with the power to make laws with respect to residuary subjects.

Parliamentary Legislation in the State Field

• When Rajya Sabha Passes a Resolution
• During a National Emergency
• When States Make a Request
• To Implement International Agreements
• During President’s Rule

Centre’s Control over State Legislation

Besides the Parliament’s power to legislate directly on the state subjects under the exceptional situations, the Constitution empowers the Centre to exercise control over the state’s legislative matters in the following ways:

(i) The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The president enjoys absolute veto over them.

(ii) Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the previous sanction of the president. (For example, the bills imposing restrictions on the freedom of trade and commerce).

(iii) The President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during a financial emergency.

From the above, it is clear that the Constitution has assigned a position of superiority to the Centre in the legislative sphere.