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Legislative Powers Distribution b/w Union and States

The Federal system means division of power b/w Centre and States. The Constitution of
being federal divides all powers (Legislative Powers, Financial and Executive) b/w centre
and states except judicial powers due to independence of judiciary. Here we will discuss
about distribution of legislative powers among the union and states that are included under
Article 245 to 255 of the constitution.
Territorial Extent of Legislative Power
The Parliament has wide legislative powers to make laws for whole territory of India

which includes UTs, States and any other area for time being included in the territory of
India.
The State Legislature has legislative powers to make laws only for whole or any part

of state but cant exceed its jurisdiction beyond the boundaries of state.
Only Parliament is empowered to make laws for extra territorial operation. It means

legislation or legal protection for any Indian resident and their property anywhere in the
world.
Limitations to Parliament Territorial Jurisdiction The extensive legislative

power of Parliament is subjected to following special provisions of the constitution:Union Territory The President can make regulations in relation to four UTs

(Andaman, Lakshadweep, Dadra and Daman) which have same force as law of Parliament
but such regulations can be amended or repeal by Parliament (Article 240(2)).
Scheduled Area Notwithstanding anything in the Constitution, governor

may direct that any particular act of Parliament or state legislature shall not apply to
Scheduled Area or shall apply with such exceptions or modifications as may be notified
(5th Para of Fifth Schedule).
Tribal Area The Governor of Assam may direct that any act of Parliament

or State legislature shall not apply to an autonomous district/region in Assam or shall apply
with such exception or modifications as may be notified. The Same power is vested with
President in relation to autonomous regions of Meghalaya, Tripura and Mizoram (Sixth
Schedule).
Legislative Subjects
Union List (List I) The Parliament has exclusive legislative power to make laws on

all subjects included in List I (Union List) in the Seventh Schedule. It includes 100
subjects such as defence, foreign affairs, banking, insurance, patents, copyrights, UNO,
international treaties, taxes, Railways, Airways, census, currency or inter-state trade.
State List (List II) The State Legislature has exclusive legislative power to make

laws for such state on all subjects enumerated in List II (State List) in the Seventh
Schedule. It includes 61 subjects such as Agriculture, Fisheries, Markets & Fairs, police,
betting, gambling, public health, local govt, land or taxes.
Concurrent List (List III) Both Parliament and State legislature are authorized to
make laws with respect to matters included in List III in the Seventh Schedule. It includes 52

subjects such as CrPC, CPC, Electricity, education, economic & social planning, factories,
boilers, price control, social security, trade unions, forests, wild animals and welfare of
labour.
Residuary Powers The Parliament has exclusive power to make law on any subject

matter not enumerated in above three lists. In India, theresiduary legislative powers are
vested with Parliament as in Canada rather than with states as in Australia and USA.
However both Parliament and State Legislature can make laws on any matter

enumerated in Concurrent list but in case of overlapping of provisions, the former shall
prevail. But if any such law passed by State Legislature reserved for consideration of
President and get assent of President then such law shall prevail in that state.
Extraordinary Legislative Powers of Parliament
National Interest If Rajya Sabha passed a resolution by a majority of not less than

2/3rd present and voting that it is necessary in national interest to make law on any matter
enumerated in State List then Parliament can pass a law on that subject. Such resolution
remains in effect for 1yr but can be renewed. The law cease to have effect on expiration of
6months after such resolution ceased to be in force.
National Emergency In case of Proclamation of Emergency, the Parliament can

extend its legislative powers to make laws on state subjects but such laws cease to have
effect on expiration of 6months after proclamation cease to operate. Either in national
interest or emergency, if any provision of a law made by legislature is in repugnancy or in
conflict with Parliament law then latter shall prevail till its existence.
On Request of State Legislatures If any resolution passed by all legislatures of

two or more states by declaring that it shall be lawful for the Parliament to pass an act on any
matter included in state list for those state then such act passed by parliament shall apply to
those state or any other state which passed resolution even after enactment of that act. But
such law can be amended or repealed by the Parliament only and not by concerned states.
International Agreements The Parliament has legislative power to make any law

for execution of any treaty or agreement with other countries or at any international
conference or association.
President Rule On failure of constitutional machinery, the President rule can be
imposed and under it Parliament is empowered to make laws on any matter in State List.
Such laws shall remain in force even after the President Rule but can be repealed or amended
by state legislature.