Centre-State Relations: Legislative Relations

Constitutional Provisions

• Legislative relations between Center and State are placed under Articles 245 to 255 in Part XI of the Constitution.
• There are four aspects in the Centre-states legislative relations
  1. Article 245 – Territorial Extent of Central and State Legislation
  2. Article 246 – Distribution of Legislative Subjects
  3. Article 248 – Parliamentary Legislation in the State Field
  4. Centre’s Control Over State Legislation

Article 245 – Territorial Extent of Central and State Legislation

• The Parliament can make laws for the whole or any part of the territory of India including states and union territories.
• A state legislature can make laws for the whole or any part of the state and the laws made by a state legislature are not applicable outside the state.
• The laws of the Parliament are also applicable to the Indian citizens and their property in any part of the world. 

Article 246 – Distribution of Legislative Subjects

• Legislative subjects between the Centre and the states, are divided into the Union List, the State List and the Concurrent List in the Seventh Schedule
  • The Parliament has exclusive powers to make laws with respect to any of the matters enumerated in the Union List that include defence, banking, foreign affairs, currency etc.
  • The state legislature has exclusive powers to make laws with respect to any of the matters enumerated in the State List which include  public order, police, public health and sanitation etc.
  •  The Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List which include  criminal law and procedure, civil procedure, marriage and divorce etc.

• • The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) are vested in the Parliament.

Article 248 – Parliamentary Legislation in the State Field

• Five Unusual Situation – 
  1. When the Rajya Sabha Passes a Resolution
     • If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws with respect to goods and services tax or a matter in the State List.
     • Majority –  two-thirds of the members present and voting.
     • Validity – in force for one year but it can be renewed any number of times but not exceeding one year at a time.
     • Expires – The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.
     • This provision does not restrict the power of a state legislature to make laws on the same matter. 
  2. During a National Emergency
     • The Parliament acquires the power to legislate with respect to goods and services tax or matters in the State List, while a proclamation of national emergency is in operation. 
     • The laws become inoperative on the expiration of six months after the emergency has ceased to operate. 
     • The power of a state legislature to make laws on the same matter is not restricted. 
  3. When States Make a Request
     • When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws.
     • A law so enacted applies only to those states which have passed the resolutions.
     • Any other state may adopt it afterwards by passing a resolution to that effect in its legislature and such a law can be amended or repealed only by the Parliament.
     • Effect of Law Made
       • The Parliament becomes entitled to legislate with respect to a matter for which it has no power to make a law.
       • The state legislature ceases to have the power to make a law with respect to that matter.
       • The resolution operates as abdication or surrender of the power of the state legislature with respect to that matter and it is placed entirely in the hands of Parliament which alone can then legislate with respect to it. 
  4. To Implement International Agreements
     • The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions. 
     • This provision enables the Central government to fulfil its international obligations and commitments.
     • For example – United Nations (Privileges and Immunities) Act, 1947
  5. During President’s Rule
     • When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state.
     • A law made so by the Parliament continues to be operative even after the president’s rule which means that the period for which such a law remains in force is not coterminous with the duration of the President’s rule. 
     • Such a law can be repealed or altered or re-enacted by the state legislature.

Centre’s Control Over State Legislation

• The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The president enjoys absolute veto over them. 
• Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the previous sanction of the president. 
• The Centre can direct the states to reserve money bills and other financial bills passed by the state legislature for the President’s consideration during a financial emergency