Centre-State Legislative Relations

Centre-State Legislative Relations

Notes

Part XI, Chapter I (Art. 245-255) distributes legislative powers.

• Art. 245: Parliament can make laws for the whole or any part of India; a State legislature only for its State. Only Parliament can make extra-territorial laws.
• Art. 246: Subjects are divided by the Seventh Schedule into three lists: Union List (about 98 subjects: defence, foreign affairs, banking, railways), State List (about 59 subjects: police, public health, agriculture, local government) and Concurrent List (52 subjects: education, forests, marriage, criminal law). The 42nd Amendment (1976) moved five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, administration of justice.
• Residuary power: Parliament (Art. 248; Entry 97 of the Union List).
• 101st Amendment (2016, GST): Art. 246A gives Parliament and States concurrent power to make laws on GST.

Federal supremacy of the Centre

• Union List > Concurrent List > State List in case of overlap.
• Art. 254: in case of repugnancy in the Concurrent List, the central law prevails; a State law reserved for the President and assented to prevails in that State (Art. 254(2)), though Parliament may override it later.

Parliament's power to legislate on State subjects

• Art. 249: if the Rajya Sabha passes a resolution by two-thirds of members present and voting that it is in the national interest; valid for one year, renewable.
• Art. 250: during a National Emergency.
• Art. 252: with the consent of two or more States (e.g., Prize Competitions Act 1955, Water Act 1974).
• Art. 253: to implement international treaties and agreements (e.g., Environment (Protection) Act, 1986).
• Art. 356: during President's Rule; also Art. 200-201 (Bills reserved for the President) and Art. 304 (State laws on trade need the President's sanction).

Doctrines: pith and substance (Prafulla Kumar Mukherjee, 1947), colourable legislation, harmonious construction, territorial nexus (Chamarbaugwala, 1957).

Key Points

• Art. 245-255; Seventh Schedule: Union, State, Concurrent lists.
• 42nd Amendment shifted five subjects to the Concurrent List.
• Residuary powers with Parliament (Art. 248).
• Parliament can legislate on State subjects under Art. 249, 250, 252, 253, 356.
• Art. 246A: GST.

MCQs

Q1. Which of the following was moved from the State List to the Concurrent List by the 42nd Amendment? (a) Police (b) Education (c) Public health (d) Land Ans: (b).

Q2. Parliament can legislate on a State List subject in the national interest under: (a) Art. 249 (b) Art. 251 (c) Art. 254 (d) Art. 258 Ans: (a). By a Rajya Sabha resolution (two-thirds).

Q3. Residuary powers of legislation are vested in: (a) States (b) Parliament (c) President (d) Supreme Court Ans: (b). Art. 248.