Legislative Relations Between Centre And States
Introduction
The Indian Constitution establishes a federal structure based on the idea of the separation of powers. List 1 of the legislative topics includes foreign affairs, defense, and railroads. List 2 of the legislative topics includes education and the conservation of forests, wild animals, and birds. List 3 of the legislative topics is the concurrent list (State List, Police, Public Order, Roadways, and Health). Three areas of study can be used to examine center-state relations:
• Legislative relations (Article 245-255)
• Administrative relations (Article 256-263)
• Financial Relations (Article 268-293)
Articles 245 through 255 of Part XI of the Constitution cover center-state legislative relations.
Legislative Ties Between The Center And States:
• The Indian Constitution's division of legislative, administrative, and financial authority between the federal government and the states is based on the plan set forth in the Government of India Act of 1935.
• The Government of India Act of 1935 continues to this day to distribute power in the same manner.
• Like any other federal constitution, the Indian Constitution shares the legislative authority between the central government and the states with reference to both the territory and the subjects of legislation.
• The territorial scope of Central and state legislation, the distribution of legislative topics, parliamentary legislation in the state field, and the Center's supervision over state legislation are the four main components of the relationship between the Center and the states.
Territory Covered By Central And State Law:
• Any area of India's territory may be covered by laws made by the parliament.
• Any area of the state territory may be covered by the laws that a state legislature enacts.
• Only the Parliament has the authority to enact extraterritorial laws. As a result, both Indian nationals and the property they own outside of India are subject to the laws of the parliament.
• The plenary territorial jurisdiction of the parliament is subject to some constraints set down in the constitution.
• The president has the authority to issue laws for the four Union territories, including Andaman and Nicobar, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh, to ensure their security, development, and effective governance.
• The governor has the authority to order that a scheduled region in their state is exempt from the application of a law passed by parliament.
• In Schedule 6 states like Mizoram, Assam, Manipur, and Tripura, where tribal districts have a special status, the Governor and the President have the authority to enforce any law passed by the Parliament.
Topic Distribution In The Legislative:
• The Constitution's Article 246 establishes a three-tier system for allocating legislative powers between the Center and the States. This is still included in Schedule 7. Union lists, State lists, and concurrent lists are the three different categories of lists.
• Any laws pertaining to any of the items listed in the Union List must be made by the Parliament alone. Currently, this list has 100 topics.
• In most cases, the state legislature has the authority to enact legislation pertaining to any of the issues listed in the state list. This currently has 66 subjects.
• Regarding the Concurrent List, laws may be passed by both the Parliament and the State Legislature. There were originally only 47 subjects on this list, which now includes 52 subjects.
• The parliament has the authority to enact legislation pertaining to ancillary matters.
State-Related Legislation Passed By The Legislature:
The circumstances in which Parliament enacts laws for the states are listed below-
• When a resolution is approved by the Rajya Sabha: The Rajya Sabha has the authority to declare that it is in the public interest for Parliament to pass legislation on a state list item if it deems that to be required. A vote in favor of such a resolution is required from two-thirds of the members present.
• When there is a national emergency: According to Article 250, Parliament may enact laws on a topic from the State List in times of national emergency, these laws may be applicable to the entire country or only a portion of it.
• When states makes a request: In accordance with Article 252, Parliament may legislate laws on issues on the state list when two or more states pass a resolution in their respective legislatures. As a result, the Parliament gains the authority to pass legislation on the topics in the state list.
• To put into effect a global agreement: In accordance with Article 253, Parliament may pass laws pertaining to topics on the State List in order to implement a treaty or agreement with another country.
• During the presidency: President's rule is instituted in a state in accordance with Article 356. All of the legislative branch's authority then transfers to the Parliament. In other words, the State List topics are within the purview of the Parliament's ability to pass laws.
Control of State Laws By The Centre:
The Constitution gives the Centre the authority to exert influence over state legislative matters in the following ways, in addition to the ability the Parliament has to pass laws directly on state issues in extraordinary circumstances:
• The Governor has the authority to hold back particular state measures until the President makes a proposal.
• After receiving the President's approval, bills on specific topics from the State List may be introduced. Such as laws that limit commerce and trade freedom, etc.
• In an urgent financial situation, the President may direct the preservation of funds or the financing of legislation passed by the Legislature.
Sarkaria Commission on State-Federal Relations In Legislation:
• It was stated that the Governor should be a notable individual from outside of his state, unattached to close political ties, and not a member of the ruling party.
• A state's governor should serve a five-year term. Only the reasons outlined in the constitution or if his morality, dignity, constitutional propriety, etc. are questioned should he be removed prior to taking office. The state government may be informed and consulted during the removal process.
• Use of this article 356 should only be done as a very last option.
Conclusion
As a result, it is evident from the division of legislative authority between the Union and the States that the framers gave Parliament more power than they did the states. The trend towards centralization runs opposed to fundamental ideas, but the legislative system is more concerned with maintaining national unity than it is with implementing traditional provisions of a federal constitution.