CENTRE’S CONTROL OVER STATE
LEGISLATION.
By:
Ravi Chandru D.N
I LLB ‘A’ sec
Reg no : 03FL22BLL032
NTRODUCTION
"The time has come to pool our collective experiences and move forward to realize the objective of a
vibrant Panchayati Raj, within the broader objective of improved Centre-State relations. Centre-State
relations can improve only if there is a feeling of being one and being together, jointly striving to
solve the many economic, social, and political problems that face us. A continuous system
consultation with the States is, therefore, necessary.
-Sth Inter-State Council Meeting, Atal Bihari Vajpayee, Prime Minister of India The union and the
states derive their authority from the constitution which divided all powers
legislative, executive and financial as between them
The Indian constitution defines the division of responsibilities between the national and state
governments.
The central government enjoys exclusive control over defence, foreign affairs, and economic policy.
Central control over finances has greatly reduced the state's powers, even in relation to
subjects they administer.
States look after agriculture, education, and law and order.
Part XI & Part XII of the constitution running from Article 245 - 293 deals with centre - state relations
in India.
The constitution under Part XI deals with legislative and administrative relations.
And Part XII deals with Financial relations between the two levels of governments.
Thus, our constitution itself has clearly divided and distributed the legislative, executive & financial
powers between the centre & states.
Indian constitution defines the power distribution between the federal government (the Centre) and
the States in India. This part is divided between legislative and administrative powers. The legislative
section is divided into three lists: Union list, States list and Concurrent list (Wikipedia, 2011).
The power of the states and the Centre are defined by the constitution and the legislative powers are
divided into three lists
Union List
Union list consists of 99 items on which the parliament has exclusive power to legislate with
including: defense, armed forces, arms and ammunition, atomic energy, foreign affairs, war and
peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs,
telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce,
banking, insurance, control of industries, regulation and development of mines, mineral and oil
resources, elections, audit of Government accounts, constitution and organization of the supreme
court, High Courts and union public service commission, income tax, custom duties and export
duties, duties of excise, corporation tax, taxes on capital value ot assets, estate duty, terminal taxes.
Wikipedia, 2013)
State List
The state list consists of 61 items and individual states have exclusive authority to legislate on items
included in this list: Public order, police, administration of justice, prisons, local government, public
health and sanitation, agriculture, animal husbandry, water supplies and irrigation, land rights,
forests, fisheries, money lending, state public services and state Public Service Commission, land
revenue, taxes on agricultural income, taxes on lands on buildings, estate duty, taxes on electricity,
taxes on vehicles, taxes on luxuries. (Wikipedia, 2013)
Concurrent List
Concurrent list consists of 52 items. Uniformity is desirable but not essential on items in this list:
Marriage and divorce, transter of property other than agricultural land, education, contracts,
bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court adulteration of
foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity,
newspapers, books and printing press, stamp duties. (Wikipedia,
20131
Exceptions
Though states have exclusive powers to legislate with regards to items on the states list articles 249,
250, 252, and 253 state situations in which the federal government can legislate
on these items.z
Administrative Powers
The Union and states have independent executive staffs fully controlled by respected governments
and executive power of the states and the Centre are extended on issues they
are empowered to legislate.
Union Control Over States
According to the Article 356 of the Constitution of India. states must exercise their executive power
in compliance with the laws made by the Central government. Article 357 calls upon every state not
to impede on the executive power of the Union within the states. Articles 352 to 360 contain
provisions which empower the Centre to take over the executive of the states on issues of national
security or on the breakdown of constitutional machinery. Governors are appointed by the Central
government to oversee states. The president can dissolve the state assembly under the
recommendation of the council of ministers by invoking Article 356 if and when states fail to comply
with directives given by the Centre.
1. Legislative Relations (Articles 245 - 254 in the Constitution of India)
Exclusive jurisdiction of Union Govt. to make laws for whole India on Union List
States will have exclusive jurisdiction of for State List Subjects
Both the Union and State Govt. can make laws on Concurrent List In case of clash between the
Governments, Union Laws will prevail
Residuary Power of the Union Govt. (powers not enumerated in any of the three lists)
Exceptions to the State List: Special Circumstances:
1) Legislation in National Interest (Art. 249): If Rajya Sabha declares a resolution by not less than
2/3rd majority, Union Govt. Can makes laws on State List
• Resolution remains in force for one vear which can be extended by subsequent resolution
2) Legislation by consent of States (Art. 252)
• If two or more states request by passing a resolutions in both the houses of each
state, Union Govt. can make laws to apply for them
Parliament has right to amend or repea such Act.
Exambles:
1) Damador Valley Corporation to control floods for -West Bengal & Bihar
2) Urban Land Ceiling Act. 1976 - (11 legislatures requested)
3) Legislation to implement International Treaties (Art 253)
Only Union Govt. Can make laws for whole country to implement international treaty, agreement,
convention made at any international conference, association
or other body
4) Legislation under proclamation of emergency Art. 352)
State list is automatically converted into Concurrent List
Emergency in India was between 1962-68 & 1971-1977.
In the US, Canada or Australia, the above provision is not there
5) Legislation due to failure of Constitutional Machinery in the State (Art. 356)
President's rule is imposed on the report of a Governor
The powers of state legislature are under the Parliament
This power is used more than 100 times in almost all states
6) Reservation of Bills for the consideration of the President (Art.200)
Bills which endanger the position of High Courts, should be reserved for President Inter-state River or
River Valley bills (Art. 288)
Some bills on Concurrent List may be reserved