Introduction
The relationship between the Union and the State in India is foundational to its federal structure, ensuring both derive powers from the Constitution. Dr. B.R. Ambedkar emphasized that in a true federation, legislative powers are divided by the Constitution itself. Here’s a detailed overview:
1. Territorial Jurisdiction
State Legislature: It can make laws for the whole or any part of its territory but cannot legislate beyond its territorial limits.
Parliament: It can legislate for the whole or any part of India, including Union Territories, and has extra-territorial jurisdiction, meaning it can make laws applicable to Indian citizens/entities outside India.
Exceptions: For Union Territories, the President can issue regulations for areas like Andaman & Nicobar Islands (Article 240). For Scheduled Areas, Governors can modify Union laws in Fifth and Sixth Schedule areas.
Also Read: Tribunals In India
2. Subject Matter Jurisdiction
The Constitution distributes legislative powers across three lists:
Union List (98 subjects): Includes matters of national importance, e.g., defense, foreign affairs, and banking.
State List (59 subjects): Covers matters of local importance, e.g., public health, police, and agriculture.
Concurrent List (52 subjects): Includes matters like marriage and education, where both Parliament and State Legislatures can legislate. In case of conflict, Union law prevails.
3. Residuary Powers of Legislation
Parliament has exclusive authority over subjects not mentioned in any of the three lists (Article 248). For example, in Kartar Singh v. State of Punjab, it was affirmed that Parliament can combine residuary and Union List powers for comprehensive legislation.
4. Situations Where Parliament Can Legislate on State Matters
Parliament can make laws on State List subjects under specific conditions:
In National Interest (Article 249): Rajya Sabha passes a resolution with a two-thirds majority.
During National Emergency (Article 250): Parliament gains temporary authority over State List matters.
With State Consent (Article 252): Two or more States request Parliament to legislate on a State matter, and the law applies only to consenting States unless adopted by others later.
To Implement Treaties (Article 253): Parliament can legislate on any subject, including those in the State List, to fulfill international obligations.
Under President’s Rule (Article 356): Parliament assumes legislative authority for the State.
5. Union Supremacy
The Indian Constitution leans towards a strong Union. Mechanisms ensuring this include:
Conflict Resolution: In the Concurrent List, Union law overrides conflicting State laws.
Governor’s Role: Governors can withhold State bills for Presidential consideration.
President’s Assent: Certain State laws require Presidential assent to ensure harmony.
FAQs
1. What are the three lists under the Indian Constitution?
The Union List, State List, and Concurrent List specify the distribution of legislative powers.
2. Can Parliament make laws on State matters?
Yes, under conditions like national interest (Article 249), emergencies (Article 250), or State consent (Article 252).
3. What are residuary powers in India?
These are powers over subjects not listed in any of the three lists, exclusively vested in Parliament (Article 248).
Reference: Legislative relations between centre and state