The power of the State Legislature in India, while significant, is subject to various limitations that ensure a balanced distribution of authority between the state and the central government. These limitations are primarily constitutional and legislative, designed to maintain the federal structure of the country

1. Distribution of Legislative Powers

• Seventh Schedule: The Constitution divides legislative powers between the Union and the States through three lists: the Union List, the State List, and the Concurrent List. State Legislatures can legislate on subjects enumerated in the State List and share jurisdiction with the Union Parliament on subjects in the Concurrent List. However, Parliament has exclusive authority over subjects in the Union List.
• Predominance of Union Law: In case of any conflict between state law and Union law on a subject in the Concurrent List, the Union law prevails.

2. Parliament's Residuary Powers

• Article 248: The residuary powers, i.e., the power to legislate on subjects not enumerated in any of the three lists, rest with Parliament. This significantly limits the scope of the State Legislature's powers to unforeseen or new subjects.

3. Emergency Provisions

• Articles 352, 356, and 360: During a national emergency (Article 352), President’s Rule (Article 356), or financial emergency (Article 360), the powers of the State Legislature can be significantly curtailed. In such cases, the Parliament can legislate on matters within the exclusive domain of the State Legislature.

4. Presidential Assent

• Governor's Role: Certain bills passed by the State Legislature, especially those that conflict with Union laws or concern certain matters, require the Governor's assent, who can reserve the bill for the consideration of the President.
• Article 200: The President can either give assent, withhold assent, or direct the Governor to return the bill for reconsideration. This veto power serves as a check on the State Legislature's authority.

5. Judicial Review

• Article 13: Any law made by the State Legislature that is inconsistent with or derogates from the Fundamental Rights is void to the extent of the inconsistency.
• Supreme Court and High Courts: The judiciary has the power to review and strike down any state legislation that violates constitutional provisions, thereby limiting the legislative powers of the State.

6. Restrictions on Financial Powers

• Article 266-267: The financial autonomy of the State Legislature is constrained by the need for Presidential sanction for introducing certain financial bills and limitations on borrowing.
• Article 202-207: The role of the Finance Commission and the requirement of the Governor’s recommendations further limit the state’s financial legislative powers.

7. Inter-State Trade and Commerce

• Article 301-307: The freedom of trade, commerce, and intercourse throughout the territory of India restricts the State Legislature from enacting laws that impede the free flow of trade between states. Parliament also holds the power to legislate on inter-state trade.

8. Central Control Over State Legislation

• Article 256-263: These articles enable the central government to ensure compliance with central laws and prevent states from acting contrary to the central legislation or policy.

Conclusion

The limitations on the power of the State Legislature in India are designed to maintain the federal structure and ensure a balance between the autonomy of the states and the unity of the nation. These checks and balances include constitutional provisions, the supremacy of Union law in concurrent matters, judicial review, financial constraints, and emergency provisions, all of which collectively ensure that state legislatures operate within a well-defined framework.