Scribd
Upload
119 views

Constitution: Legislative Relations Between Union and State

The document discusses the legislative relations between the Union and States in India based on the Constitution. It outlines the three lists that distribute legislative powers - the Union List, State List, and Concurrent List. The Union List gives exclusive powers to Parliament, the State List gives exclusive powers to state legislatures, and the Concurrent List allows both to legislate but Union law prevails. It also discusses the residuary powers of legislation held by Parliament to legislate on any subject not in the three lists under certain circumstances like a national emergency. The Supreme Court interprets the division of powers between Union and States in a harmonious manner.

Uploaded by

Lalit Tuteja
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
119 views

Constitution: Legislative Relations Between Union and State

The document discusses the legislative relations between the Union and States in India based on the Constitution. It outlines the three lists that distribute legislative powers - the Union List, State List, and Concurrent List. The Union List gives exclusive powers to Parliament, the State List gives exclusive powers to state legislatures, and the Concurrent List allows both to legislate but Union law prevails. It also discusses the residuary powers of legislation held by Parliament to legislate on any subject not in the three lists under certain circumstances like a national emergency. The Supreme Court interprets the division of powers between Union and States in a harmonious manner.

Uploaded by

Lalit Tuteja
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 9

Constitution LEGISLATIVE RELATIONS BETWEEN UNION AND STATE

Submitted to: Dr. Shruti Bedi

Submitted by: Deepak Garg Bcom LLB 3rd Sem 180/12

Acknowledgement

I wish to convey my greatest appreciation to DR.SHRUTI BEDI, a professional professor and great mentor, who challenged and organized my thoughts and helped convert them to the written words. I desire to thank deeply the professionals at the UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY, CHANDIGARH, for their initial faith and encouragement that I submit my project report. I am indebted to my mother, my father and other family members for providing models of kindness and decency. My greatest debt, however, is reserved for THE ALMIGHTY for providing me with everything in life

Deepak Garg

Index
Introduction

Legislative relations Principles of interpretation Residuary Powers of legislation

Observation

INTRODUCTION
The Constitution adopts a three-fold distribution of legislative powers by placing them in any of the three lists, namely, Union List, State List and Concurrent List. The Union List contains subjects of national relevance such as Defence, Atomic Energy, Foreign Affairs, War and Peace, Citizenship, Railways, Income-tax, Excise etc., over which the Parliament has an exclusive authority to formulate laws. The State List includes subjects of importance to the States such as Public order, Police, Local Government, Public health, Agriculture etc., over which the State legislature has an exclusive authority. The Concurrent List containing subjects of mutual relevance over which both Parliament and State legislatures can legislate but in case of conflict the Union law will prevail.

LEGISLATIVE RELATIONS
Distribution of legislative powers described in the VII Schedule of Indian Constitution

(a) Union List: Only Union Parliament is empowered to make laws on the subjects given in the Union List. 98 subjects (after 42nd Constitution Amendment Act, 1976) (few important subjects are) Defense, Foreign Relations, Post and Telegraph, International War and Peace, International Trade, Commerce, Citizenship, Coinage, Railway, Reserve Bank, International Debt, Atomic Energy, etc..

(b) State List: Only State Legislature is empowered to make laws on the subjects given in the State List.62 subjects (after 42nd Constitutional Amendment Act, 1976) (few important subjects are) Public Health, Roads, Agriculture, Irrigation, Prisons, Local Administration, Distribution of Water, Police, etc.. Exception: In the case of Emergency, Union Parliament automatically acquires the power of legislation on the subjects given in the State List

(c) Concurrent List: Both, Union Parliament as well as State Legislatures, have the power of legislation on subjects given in the Concurrent List. 52 subjects (After the 42nd Constitutional Amendment Act, 1942) (few important subjects listed below) Marriage, Divorce, News Papers, Trade Unions, Books, Press, Eatable Items, etc In case of disagreement, the legislation passed by Union Parliament shall prevail over the law passed by State Legislatures.

Residuary Powers Of Legislation


Article 248, Union Parliament shall make laws over the subjects not included in three lists. The Indian Constitution gives residuary powers not to the states, but to the Central Government under special circumstances. 1. Power of parliament to legislate in the national interest (article 249) The Union Parliament will be authorized to pass a law on a subject of state list about which the Rajya Sabha passes a resolution with 2/3rds majority of the members present and voting saying that subject has attained national importance. Such a resolution of the Rajya Sabha will give the Parliament the Legislative power for one year at a time. The power may be extended yearly till the need is felt. 2. During operation of a proclamation of emergency (article 250) The Parliament has the authority to pass laws on any subjects of the state list during the emergency proclaimed because of war and external aggression etc. Such a law may be made for the whole of India or any part thereof. The proclamation of emergency referred to in this article must be a proclamation which may be made under article 352. Laws made under article 250(1), however, would cease to have effect on the expiration of a period of six months after the proclamation has ceased to operate. 3. Request of the states (article 252) Art. 252 empower the Parliament 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 Parliament. Any Act pressed cannot be amended by a State Legislature to which the law applies.

4. Legislation for giving effect to international agreements (article 253) The Parliament has the power to make law on any item of the state in order to implement some international treaty or agreement or convention. 5. Parliaments to legislate under (article 356) Article 356 provides that after the president has declared that the government in a state cannot be carried on in accordance with the provisions of the constitution, he may by proclamation further declare that the powers of the legislature of that state shall be exercisable by or under the authority of parliament. Requirements as to recommendations and previous sanctions of the president or the governor (article 255) Some Bills are reserved by the Governor for the signature of the President after being passed by the state Legislature e.g. Bills concerning restrictions as the powers of High Courts and Bills concerning acquisitions on property by the state by paying compensation etc. The President has the power of absolute veto over the Bills which are thus reserved by the Governors for his signature.

The Supreme Court has held that in matters of interpreting the limits of jurisdiction of the Union and the States, entries in the Union and the State Lists must be read together, and the language of one interpreted, and where necessary, modified by that of the other. This is known as the doctrine of harmonious construction.

Observation
In the end I observe from this project that union is much more powerful than state in every aspect .our constitution gives more power to the union than states .

You might also like