How are Legislative Powers distributed between the Centre and the States? 

Or

Discuss the Legislative relations between the Union and the States in India.

The Constitution of India delineates three lists: (i) Union List, (ii) State List, and (iii) Concurrent List based on the Government of India Act of 1935. Parliament has the exclusive power to legislate on the matters enumerated in the Union List which contains 97 items. The State Legislatures have the exclusive power to legislate with respect to matters enumerated in the State List which contains 66 subjects. The Concurrent List after 42nd Amendment contains 52 subjects. The Parliament as well as State Legislatures may legislate over them but in case of conflict, the Central law prevails over the state law. The Residuary powers are given to the Union Parliament.

Legislative relations between the Centre and the States of India.

1. Union List: Before the 42nd Amendment in the Indian Constitution there were 97 subjects in the Union List. But now, after this amendment, at present the Union List contains 98 subjects. The laws on all these 98 subjects can be framed by the Federal Government i.e., the Parliament of India. The list contains subjects of national importance. These subjects concern all the citizens of India equally. Subjects mentioned in this list, are defence, foreign affairs, peace and war, communications, railways, post and telegraphs, currency, etc.

2. State List: Before 42nd Amendment there were 66 subjects in this list. But by 42nd Amendment number of State subjects is reduced to 62. These subjects can be legislated upon by the States. Subjects mentioned in these lists are like law and order, police, jail, public health, education, agriculture, local self-Government, hospital, justice, organization of judiciary, etc.

3. Concurrent List: Originally there were 47 subjects in the Concurrent List. But by 42nd Amendment it is increased to 52 subjects. The subjects mentioned in the Concurrent List are like the marriage, divorce, criminal law, civil procedure, trust, newspapers, books, printing presses, electricity, price control, economic and social planning, trade unions, labour welfare, etc.

4. Residuary Powers: Residuary powers have been allotted to the Central Government by the Constitution. But in USA and Switzerland the residuary powers have been given to the States. It seems that the framers of the Constitution have followed the Canadian example with a view to make the Centre very strong.

5. Powers of Union Parliament to enact laws on the State List: The Constitution gives the States the 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 certain special circumstances given below:

(i) At the resolution of Rajya Sabha: The Union Parliament will be authorised to pass a law on a subject of State List about which the Rajya Sabha passes a resolution with 2/3 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.

(ii) At the request of two or more States:-

If any two or more States request the Union Parliament to legislate on a subject given in the State List then Union Parliament enacts law on the subjects. Any Act so passed cannot be amended by the State Legislatures to which the law applies.

(iii) On the failure of constitutional machinery in the State: Parliament is empowered to pass laws on the state subjects for the state in which emergency has been proclaimed because of the failure of constitutional machinery. It may delegate its legislative power concerning the state to the President of India, if it deems so necessary.

(iv) At the time of emergency arising due to war, external aggression and armed revolt: The Parliament has the authority to pass laws on any subject 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.