Distribution of Legislative Powers
Distribution of Legislative Powers in India
1. Introduction
India is a federal country with a written constitution that provides for the distribution of legislative powers between the Union (Central) government and the State governments. This distribution is fundamental to the federal structure of India and ensures that both levels of government have defined areas of legislative competence.
2. Constitutional Basis
The distribution of legislative powers is primarily found in:
Seventh Schedule of the Indian Constitution
Articles 245 to 255
3. Seventh Schedule: Three Lists
The Seventh Schedule divides subjects of legislation into three lists:
List | Name | Who can legislate? | Description |
---|---|---|---|
I | Union List | Parliament (Central Government) | Subjects of national importance like defense, foreign affairs, currency, etc. |
II | State List | State Legislatures | Subjects of local or state importance like police, public health, agriculture, etc. |
III | Concurrent List | Both Parliament and State Legislatures | Subjects of common interest such as education, marriage and divorce, bankruptcy, etc. |
4. Articles Dealing with Legislative Power
Article 245: Extent of Laws made by Parliament and by the Legislatures of States
Parliament can make laws for the whole or any part of India.
State legislatures can make laws for the state or any part thereof.
Article 246: Subject-matter of Laws made by Parliament and Legislatures of States
Parliament has exclusive power to legislate on Union List subjects.
State Legislatures have exclusive power over State List subjects.
Both have power to legislate on Concurrent List subjects. However, in case of conflict, Central law prevails (subject to exceptions).
Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States
If there is a conflict between Central and State law on Concurrent List subjects, Central law prevails.
Exception: State law prevails if it has been reserved for the President’s assent and has received such assent.
5. Principles Governing Distribution
Exclusive Power: Parliament or State legislature alone can legislate on subjects in their respective lists.
Concurrent Power: Both can legislate on concurrent subjects.
Conflict Resolution: Central law prevails on concurrent list conflicts unless state law is specially approved.
6. Residuary Powers
Article 248 gives Parliament exclusive power to legislate on residuary subjects, i.e., subjects not enumerated in any of the three lists.
7. Important Case Laws
1. State of Bombay vs. United Motors (1951)
This was an early case on the scope of State List.
The court held that the State List should be given a narrow construction.
This case also laid down the principle that the Constitution should be interpreted in a way to avoid conflicts between the Union and States.
2. State of Rajasthan vs. Union of India (1977) (Anti-Defection Case)
The court upheld the supremacy of Parliament in legislating on the powers of the Speaker and election matters under Union List subjects.
This case confirmed the exclusive powers of Parliament on Union List.
3. S.R. Bommai vs. Union of India (1994)
Although mainly about Article 356 (President’s rule), the judgment stressed the importance of federalism and the division of powers.
The Supreme Court emphasized the need to respect the distribution of powers.
4. Union of India vs. H.S. Dhillon (1953)
The court held that the Parliament’s power to legislate on a subject is not absolute but subject to the limits of the Constitution.
The residuary power under Article 248 was upheld to belong exclusively to Parliament.
5. State of West Bengal vs. Union of India (1963)
The Supreme Court discussed the doctrine of “pith and substance” to determine the true nature of the legislation to resolve disputes about legislative competence.
The “pith and substance” doctrine allows a law to be valid if it is primarily about a subject within the legislative competence of the enacting body, even if it incidentally encroaches upon the other list.
8. Doctrine of Pith and Substance
When there is a challenge about whether a legislature had competence to enact a law, courts look at the true nature and character (pith and substance) of the law.
If the main subject matter falls within the powers of the legislature, the law is valid, even if it affects a subject in the other list incidentally.
9. Interference with Distribution of Powers
Parliament can legislate on State List subjects under special circumstances:
Under Article 249, if Rajya Sabha passes a resolution by two-thirds majority that it is necessary in the national interest.
Under Article 252, if two or more states request Parliament.
Under Article 253, to implement international treaties.
State Legislatures cannot legislate on Union List subjects.
10. Summary
Aspect | Summary |
---|---|
Union List | Parliament exclusive power |
State List | State Legislatures exclusive power |
Concurrent List | Both can legislate; Central law prevails on conflict |
Residuary Powers | Parliament has exclusive power |
Conflict Resolution | Article 254 |
Exceptions | Articles 249, 252, 253 allow Parliament on State List |
Conclusion
The distribution of legislative powers under the Indian Constitution reflects a balance between unity and diversity in governance. It empowers the Centre to legislate on national issues and allows States autonomy on local matters, creating a cooperative federal structure. The courts play a crucial role in resolving disputes by interpreting the constitution, applying doctrines like “pith and substance,” and maintaining the federal equilibrium.
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