. . Legislative Relations There are two aspects to the distribution of legislative powers between the Centre and States in our Constitution. They are a) Territorial Distribution of Powers b) Subject Distribution a) Territorial Distribution of Powers The powers are distributed between the union and State governments territorially.
The Union Government possess the powers over the entire territory of India while the States have jurisdiction over their own territories. The Central Government has extra territorial jurisdiction that means that its laws govern not only persons and property within India but also Indian citizens and their properties located in any corner of the world. In contrast, the State legislatures do not possess jurisdiction outside their own territory. b) Subject Distribution The Constitution distributes the legislative subjects between the Union Government and States in an elaborate scheme.
There are three Lists of distribution. List I (Union List) contains the subjects and powers exclusively allotted to the union parliament. There are subjects here including defense, foreign affairs, banking, currency List II (State List) contains the subjects that are exclusively allotted to the State governments. There are items including public order, and police, public health, local government, agriculture, forests, fisheries List III (Concurrent List) contains items including criminal law and procedure, civil procedure, marriage, education.
This list is called as Concurrent List. Both the union and State governments have powers over these subjects. But when there occurs a clash between the union and State governments the law of the parliament will prevail There is also another category called residuary powers. Any subject not mentioned in the above three lists will automatically come under the jurisdiction of the Union Government.
Our Constitution broadly follows the legislative distribution of powers provided in the Government of India Act enacted during the British colonial era. Exceptions The above scheme of legislative power distribution will be normally followed. But under exceptional circumstances the scheme will be suspended. The power of the Union Parliament will be expanded and concomitantly the powers of the State legislatures will be diminished.
a) National Emergency When the President of India declares National Emergency the union parliament acquires the powers to legislate over the subjects in the State List. The emergency is declared by the president to tackle problems like war, external aggression and armed rebellion that pose a danger to the existence of our nation. For the purpose of tackling the challenges successfully and effectively, the Union Government gains control over State legislature powers too. b) Agreement between States When two or more States agree that their mutual interests will be served better if there is common law on a particular subject and request the Union Government to enact the needed law, the Parliament can enact a common law for the desiring States on that subject even if it falls in the List II (State List).
c) International Agreement The Parliament will have powers of enactment on a State subject for the purpose of implementing an international agreement. d) Article , Emergency After the declaration of article emergency in a State the President can declare that the parliament will enact on State list subjects for that State