The constitution of India very clearly distributes the legislative powers, between the centre and states. Both the sets of Governments can frame laws independently in their respective spheres. There are three lists of powers given in the constitution. (i) Union List Lis t –
In the union list, there are 99 subjects. The laws on all these subjects can be framed by the Federal Government, i.e. the arliament of India. The list contains subjects of national importance. These subjects concern all the citi!ens of India e"ually. (ii) State List –
In the state list there are #$ subjects. These subjects can be legislated upon by the states, subjects mentioned in the list are li%e the law and order, police, jails, public health, education, agricu agricultu lture, re, local&s local&self elf governm government ent,, hospit hospitals, als, justice justice,, organi organi!ati !ation on of judicia judiciary ry e'cept e'cept (upreme )ourt and *igh )ourts, forests, revenue and unemployment etc. (iii) (ii i) Concurren Con currentt List +
There are subjects in the concurrent list. The subjects mentioned in the concurrent list are& li%e the marriage, divorce, criminal law, civil procedure, newspapers, boo%s and printing press. iv) Residuary Residua ry Powers Pow ers –
-esiduary powers have been allotted to the central government by the constitution. But in .(./. and (wit!erland the residuary powers have been given to the states. It seems that the framers of the constitution have followed the )anadian e'amples with a view to %eep the centre I in a very strong position. Enforceme Enfo rcement nt over the state list by the Union –
The constitution gives the states power to frame laws on all the subjects included in the state list. But the central government has the authority to interfere even in these powers of states under special circumstances. At the Resolution of Raya Sabha –
The nion arliament arliament will be authori!ed authori!ed to pass a law on a subject subject of state list about which the -ajya (abha passes a resolution with $01rds majority of the members present and voting saying that subject has attained national importance. (uch a resolution of the -ajya (abha will give the arliament the 2egislative power for one year at a time. The power may be e'tended yearly till the need is felt. Re!uest Re!u est of the states state s –
/rt. $$ empower the arliament to legislate on a matter in the state list if two or more states desire that any of the matter in the state list be regulated by the arliament. /ny /ct pressed cannot be amended by a (tate 2egislature to which the law applies. "ailure of the constitutional machinery –
The arliament is empowered to pass laws on the state subject for the state in which emergency has been proclaimed because of the failure of constitutional machinery. It may
delegate his 2egislative ower concerning the states to the resident of India if it so deems necessary. #urin$ emer$ency –
The arliament has the authority to pass laws on any subjects of the state list during the emergency proclaimed because of war and e'ternal aggression etc. (uch a law may be made for the whole of India or any part thereof. Enforcement of %nternational treaties –
The arliament has the power to ma%e law on any item of the state in order to implement some international treaty or agreement or convention. Assent of President is essential –
(ome Bills are reserved by the Governor for the signature of the resident after being passed by the state 2egislature e.g. Bills concerning restrictions as the powers of *igh )ourts and Bills concerning ac"uisitions on property by the state by paying compensation etc. The resident has the power of absolute veto over the Bills which are thus reserved by the Governors for his signature. / critical&e'amination&of legislative relation leaves the impression that the centre is very powerful in legislative matters and it can impose its will on the state. /ll subjects of national importance are in the nion list and in the concurrent list centre is all powerful.
