Centre-State Relations: Legislative Relations in India’s Federal Structure (Articles 245-255)

Introduction

• The Constitution of India, being federal in structure, divides all powers (legislative, executive and financial) between the Centre and the states. However, there is no division of judicial power. 
  • The constitution provides for an integrated judiciary which implements both the central and state laws. 
• Centre-State Relations, particularly Legislative Relations, form an integral part of India’s federal structure as delineated in Part XI of the Constitution (Articles 245-255). 
  • The provisions detail the scope of authority for both levels of government, specifying areas where each can legislate, and also provide mechanisms for resolving conflicts that may arise between them. 
• This framework plays a crucial role in ensuring effective governance and cooperation between the Centre and the States in India.

Legislative Relations can be studied under the following heads

Territorial Extent of Central and State Legislation

• Territorial Jurisdiction: Parliament and State legislature can make laws for the whole or any part of the territory of India and State, respectively.
• Extraterritorial Legislation: (Indian citizens and their property in any part of the world) = By Parliament alone.
• Constitutional Restrictions: On the territorial jurisdiction of the parliament:
  • Powers of the President over Union Territories: The President can make regulations for the peace, progress and good governance of the four UTs – Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu and Ladakh. 
    • It has the same force and effect as an act of Parliament. 
    • It may also repeal or amend any act of Parliament in relation to these union territories.
  • Scheduled Area: Governor is empowered to direct that an act of Parliament does not apply to a Scheduled Area in the state or apply with specified modifications and exceptions.
  • Tribal Area: Governor of Assam may likewise direct that an act of Parliament does not apply to a Tribal Area (autonomous district) in the state or apply with specified modifications and exceptions. 
    • The President enjoys the same power with respect to Meghalaya, Tripura and Mizoram.

Distribution of legislative subjects

• The Constitution provided for a three-fold enumeration, viz., federal, provincial and concurrent. (Government of India Act of 1935 also Provided three-fold classification)
  • Union/Center List: 97 (Present – 98). Parliament has exclusive powers to make laws.
  • State List: 66 (Present -59). State legislature has “in normal circumstances” exclusive powers to make laws.
  • Concurrent List: 47 (Present -52). Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List.
  • Residuary Subjects: The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament. 
    • This residuary power of legislation includes the power to levy residuary taxes.
• Union Territories and Acquired Territories: The Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a state even though that matter is one which is enumerated in the State List. 
  • This provision has reference to the Union territories or the Acquired territories (if any).
• 101st Amendment Act, 2016:  Parliament/ state legislature has the power to make laws with respect to goods and services tax imposed by the Union/ State. 
  • Parliament has exclusive power to make laws concerning goods and services tax where the supply of goods or services or both takes place in the course of inter-state trade or commerce.
• Which Laws Prevail?
• Union list > Concurrent list > State list.
• Normally, Central law prevails over the state law. 
• But there is an exception, If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state.

Parliamentary Legislation in the State Domain

1. When Rajya Sabha Passes a Resolution

• • Necessary in the national interest
  • Special Majority: Must be supported by 2/3 of the members present and voting. [UPSC 2016]
  • Duration and Renewal of Resolutions: Resolution remains in force for one year. It can be renewed any number of times but not exceeding one year at a time.
  • Resolution Cessation: The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.

2. During a National Emergency

• • Parliament acquires the power to legislate with respect to GST/ matters in the State List. 
  • The laws become inoperative on the expiration of six months after the emergency has ceased to operate. 
  • Power of a state legislature to make laws on the same matter is not restricted. But, in case of repugnancy between a state and parliamentary law, the latter prevails.

3. When State Makes a Request

• • Adoption of Laws: Legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List. 
    • The law applies only to those states which have passed the resolutions. 
    • Any other state may adopt later by passing a resolution to that effect 
  • Surrender of the Power: Law can be amended or repealed only by the Parliament. 
    • The state legislature ceases to have the power to make a law with respect to that matter.

4. To implement international agreements [UPSC 2013]

• • International treaties, agreements, or conventions that fulfill international obligations and commitments. Example: Geneva Convention Act.

5. During President’s Rule

• • The law made so by the Parliament continues to be operative even after the president’s rule. It can be repealed or altered or re-enacted by the state legislature.

Centre’s Control Over State Legislation

• Use of Veto: Governors can reserve certain types of bills passed by the State Legislature for consideration of the President. 
  • The President enjoys absolute veto over them (Articles 200 and 201).
• Prior Sanction of President: Bills on certain matters in the State List can be introduced in the state legislature only with the previous sanction of the president. 
  • Example:  Bills imposing restrictions on freedom of trade and commerce (Art. 304).
• Presidential Consideration during Financial Emergency: Reserve money bills and other financial bills passed by the state legislature for the President’s consideration during a financial emergency.
• Presidential Instructions: Governors can not make an ordinance without instructions from the President in certain cases (Article 213).

Conclusion

• Legislative relations between the Centre and the States in India are governed by constitutional provisions delineating the distribution of powers. 
• While both the Parliament and State legislatures can enact laws for the entirety or any specific part of India, these powers are subject to certain limitations and principles to maintain harmony and balance in the federal structure. 
• Effective coordination and cooperation between the Centre and the States are crucial for ensuring efficient governance and addressing the diverse needs of the nation.