Union–State Relations (Legislative): Division of Powers (Part XI, Chapter I) (Articles 245–255)
Table of Contents
- Meaning of Legislative Relations
- Constitutional Basis
- The Threefold Division of Legislative Powers
- Union List
- State List
- Concurrent List
- Residuary Powers
- Principles Governing Legislative Relations
- Parliament’s Legislative Supremacy
- Centre’s Control Over State Legislation
- Important Articles (Summary Table)
- Key Supreme Court Judgments
- Summary
1. Meaning of Legislative Relations
Legislative relations define how law-making powers are divided between the Union and the States under a federal system.
The Indian Constitution establishes a strong Centre while giving autonomy to States.
2. Constitutional Basis
Articles 245–255 deal with legislative relations.
- Article 245 – Extent of laws made by Parliament & State Legislatures
- Article 246 – Distribution of legislative subjects
- Article 248 – Residuary powers
- Seventh Schedule – Contains three lists (Union, State, Concurrent)
3. The Threefold Division of Powers
3.1 Union List (List-I)
- Contains 97 subjects (originally 97; now 100+ including inserted items)
- Parliament has exclusive power to legislate.
- Includes:
- Defence, Army, Navy, Air Force
- Foreign Affairs
- Atomic Energy
- Railways
- Banking
- Telecommunications
- Currency, Coinage
- Citizenship
- Interstate Trade
- Insurance
- Space Research
- Central Bureau of Investigation (CBI)
Characteristics:
- Subjects of national importance
- Ensures uniformity across India
3.2 State List (List-II)
- Contains 61 subjects (originally 66)
- State legislatures have exclusive right to make laws
(subject to some exceptions) - Includes:
- Police
- Public order
- Public health
- Agriculture
- Land
- Local governments
- Betting & gambling
- Fisheries
- Markets & fairs
- Water supply
Characteristics:
- Matters of local importance
- States have autonomy, but not absolute
3.3 Concurrent List (List-III)
- Contains 52 subjects (originally 47)
- Both Parliament and State Legislatures can make laws
- In case of conflict: Parliament’s law prevails (Art. 254)
Subjects include:
- Criminal law & procedure
- Marriage & divorce
- Education (added by 42nd Amendment, 1976)
- Trade unions
- Bankruptcy & insolvency
- Forests
- Electricity
- Economic & social planning
- Population control
4. Residuary Powers (Article 248)
- All subjects not mentioned in any list fall under Union power.
Examples: - IT & Computer technologies
- Cyber laws
- Biotechnology
- Space communications
India is one of the few federal systems where residuary powers lie with the Centre.
5. Principles Governing Legislative Relations
5.1 Territorial Jurisdiction
- Parliament can legislate for:
- Whole or any part of India
- Extra-territorial operations
- State Legislatures can legislate for their respective states only.
5.2 Parliamentary Supremacy in Certain Situations
Parliament can legislate on state subjects under:
A. National Emergency (Art. 250)
- Parliament gets power to legislate on State List
- Laws remain valid until 6 months after emergency
B. Breakdown of Constitutional Machinery in State (Art. 356)
- Parliament or President makes laws on State subjects
C. Rajya Sabha Resolution (Art. 249)
- If RS passes a resolution with 2/3 majority that it is necessary in national interest
- Valid for 1 year, extendable
D. To Implement International Agreements (Art. 253)
- Parliament can override State powers
E. In Case of Conflict (Art. 254)
- Union law prevails over State law on Concurrent subjects
6. Parliament’s Legislative Supremacy
India’s federalism is tilted towards the Centre.
Areas where Parliament enjoys dominance:
- Residuary powers
- Power to change state boundaries (Art. 3)
- Power to legislate on State List under special circumstances
- Conflict supremacy under Art. 254
7. Centre’s Control Over State Legislation
7.1 Governor’s Role (Art. 200)
Governor can:
- Reserve a Bill for President
- Return the Bill
- Withhold assent
7.2 President’s Role (Art. 201)
President can:
- Give assent
- Withhold assent
- Return for reconsideration
- Keep the Bill pending indefinitely
7.3 Mandatory Presidential Assent
Certain state bills must be reserved, such as:
- Bills derogating High Court powers (Art. 200)
- Bills clashing with Union & Concurrent lists
- Bills affecting national interest
8. Important Articles (Summary Table)
| Article | Provision |
|---|---|
| 245 | Extent of laws (Union & States) |
| 246 | Division of subjects into 3 lists |
| 247 | Parliament can set up additional courts |
| 248 | Residuary powers with Parliament |
| 249 | Parliament’s power over State List (national interest) |
| 250 | Parliament’s power over State List during emergency |
| 252 | States can request Parliament to legislate |
| 253 | Parliament’s power for international agreements |
| 254 | Conflict between Parliament and State laws |
| 255 | Validity of laws requiring presidential assent |
9. Important Supreme Court Judgments
1. State of Rajasthan v. Union of India (1977)
Confirmed Centre’s primacy in legislative matters.
2. Hoechst Pharmaceuticals Ltd. v. State of Bihar (1983)
Concurrent List conflicts → Union law prevails.
3. West Bengal v. Union of India (1963)
States do not have territorial sovereignty; Union is supreme.
4. S.R. Bommai Case (1994)
Limited misuse of Art. 356; strengthened federalism.
10. Summary
- Legislative relations are governed by Articles 245–255 and the Seventh Schedule.
- Power is divided into Union List, State List, and Concurrent List.
- India’s system gives greater legislative power to the Centre.
- Parliament can override State powers in several situations: national emergency, RS resolutions, implementing treaties, and conflict laws.
- Supreme Court judgments have strengthened cooperative federalism while maintaining central authority.