In India, the legislative relations between the Centre (the Union Government) and the States are governed by the Constitution of India, primarily through Articles 245 to 255. The Constitution delineates the distribution of legislative powers between the Union and the States, aiming to maintain a balance between centralization and decentralization. The legislative framework is designed to ensure that both the Union and States have a clear mandate, but with some areas of overlap to ensure effective governance.
1. Division of Legislative Powers:
The Seventh Schedule of the Indian Constitution provides a clear division of legislative powers into three lists:
- Union List (List I): This list comprises subjects on which only the Union Parliament can legislate. These subjects are of national importance, such as defense, foreign affairs, nuclear energy, and inter-state trade. The Union has exclusive jurisdiction over these matters.
- State List (List II): This list includes subjects on which only the State Legislatures can make laws. These subjects pertain to matters of local or regional importance, such as police, public health, agriculture, and local government.
- Concurrent List (List III): This list contains subjects on which both the Union Parliament and the State Legislatures can legislate. If there is a conflict between Union and State laws on a subject in the Concurrent List, the Union law prevails. Examples include criminal law, marriage and divorce, education, and labor welfare.
2. Residuary Powers:
Article 248 grants residuary powers to the Union Parliament. If a subject is not mentioned in any of the three lists, the Union Parliament has the power to legislate on that subject. This ensures that the Union can legislate on emerging issues not foreseen by the framers of the Constitution.
3. Role of the President:
In certain cases, the President of India plays a key role in determining the scope of legislative powers between the Centre and the States. For instance, the President’s assent is required for a bill passed by the State Legislature to become a law if it concerns a matter in the Concurrent List.
4. Disputes and Resolution:
Disputes between the Centre and the States regarding their legislative powers can be resolved by the Supreme Court of India. The Court has the final authority in interpreting the Constitution and settling conflicts between the Union and State legislatures.
5. Legislative Powers During Emergencies:
Under Articles 352 to 360, the Union Government assumes greater legislative powers during national emergencies, which can alter the normal distribution of legislative functions. For example, during a national emergency, the Union Parliament can legislate on matters in the State List.
Conclusion:
The legislative relations between the Centre and the States are designed to maintain a balance of power and cooperation. While the Constitution provides for distinct powers for each, it also enables flexibility in governance through the Concurrent List and residual powers. This framework helps maintain the federal structure while ensuring that both levels of government can function effectively in their respective domains.
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