Legislative Relations Between the Union and the States

Introduction

Legislative relations between the Union and the States explain how the Indian Constitution distributes the power to make laws between Parliament and State Legislatures. Articles 245–255 of the Constitution deal with the territorial reach of laws, the subjects on which each government can legislate, and the rules for resolving conflicts between Union and State laws.

Meaning and Definition

Legislative relations refer to the constitutional rules that determine which subjects Parliament and State Legislatures can make laws about and where those laws can apply.

India follows a three-list system under the Seventh Schedule of the Constitution. It divides subjects of law-making into the Union List, the State List, and the Concurrent List.

Although both levels of government have law-making powers, the Constitution gives Parliament certain powers to make laws on State subjects in specific situations. It also gives Union law priority in certain cases where Union and State laws conflict.

Territorial Scope of Laws

Article 245 explains the territorial reach of laws made by Parliament and State Legislatures.

Parliament

Parliament can make laws for the whole or any part of the territory of India. This includes States, Union Territories, and other territories that form part of India.

Parliament can also make laws with extra-territorial operation (laws that have effects beyond India's borders). Such laws may deal with matters outside India when there is a sufficient connection with India or its interests.

State Legislatures

A State Legislature can generally make laws for the whole or any part of that State. A State law does not ordinarily have authority beyond the State's territory, although its effects may sometimes extend outside the State when there is a sufficient connection with it.

Distribution of Legislative Powers

Article 246, read with the Seventh Schedule, distributes law-making powers through three lists.

Union List

The Union List contains subjects on which Parliament has the main and generally exclusive power to make laws. These subjects usually affect the whole country or require common rules across India.

Important examples include:

• Defence and the armed forces
• Foreign affairs
• Atomic energy
• Banking and insurance
• Currency and coinage
• Inter-State trade and commerce
• Citizenship and naturalisation

Parliament's authority over some subjects can also affect areas that would otherwise fall mainly within State responsibilities. For example, Parliament may regulate certain industries when the Constitution permits it and the required law declares Union control to be necessary in the public interest.

State List

The State List contains subjects on which State Legislatures generally have the main power to make laws. These subjects often require rules that respond to local needs and conditions.

Important examples include:

• Public order and police, subject to constitutional limits
• Public health and sanitation
• Agriculture
• Local government
• Fisheries
• Markets and fairs
• Certain State taxes

The State List does not give States unlimited power. The Constitution allows Parliament to legislate on certain State subjects in specified situations.

Concurrent List

The Concurrent List contains subjects on which both Parliament and State Legislatures can make laws.

Important examples include:

• Criminal law
• Criminal procedure
• Marriage and divorce
• Contracts
• Bankruptcy and insolvency
• Labour welfare
• Education
• Forests
• Economic and social planning

The Concurrent List allows both levels of government to respond to matters that may need national rules as well as State-level action. However, when Union and State laws conflict on a Concurrent List subject, Article 254 generally gives priority to the Union law, subject to a limited exception for certain State laws that receive the President's assent.

Residuary Powers

Residuary powers are the powers to make laws on subjects that are not listed in any of the three lists.

Under Article 248 and Entry 97 of the Union List, Parliament has the power to legislate on residuary subjects, including certain taxes not mentioned in the other lists.

This is an important feature of Indian federalism (a system in which power is shared between national and State governments). Unlike some other federal systems, India's Constitution places residuary legislative powers with the Union rather than the States.

Predominance of Union Law

The Constitution gives Union law priority in certain situations to maintain consistency across the country.

Conflict Between Union and State Laws

Article 254 deals with conflicts between Union and State laws on subjects in the Concurrent List.

As a general rule, if a State law conflicts with a valid Union law on the same Concurrent List subject, the Union law prevails and the conflicting part of the State law is inoperative to the extent of the conflict.

However, if a State law on a Concurrent List subject is reserved for the President's consideration and receives the President's assent, it may prevail within that State despite an earlier Union law. Parliament can still override that State law by passing a later law.

Limits on State Legislative Powers

State Legislatures must exercise their powers within the Constitution. They cannot make laws on subjects reserved exclusively for Parliament, unless the Constitution permits Parliament to extend their authority or otherwise provides for the matter.

Circumstances in Which Parliament Can Make Laws on State List Subjects

The Constitution allows Parliament to make laws on subjects in the State List in specific circumstances.

National Interest — Article 249

If the Rajya Sabha (the Council of States) passes a resolution supported by at least two-thirds of its members present and voting, declaring that it is necessary in the national interest for Parliament to legislate on a State List subject, Parliament can make laws on that subject.

The resolution remains effective for the period specified in Article 249 and can be renewed. Laws made under this power do not continue indefinitely after the constitutional basis for the power ends.

During a National Emergency — Article 250

While a Proclamation of National Emergency is in operation, Parliament can make laws on matters in the State List.

A law made under this power generally stops having effect six months after the Emergency ends, except for actions already taken or matters covered by the Constitution's rules.

By Agreement Between States — Article 252

If the Legislatures of two or more States pass resolutions requesting Parliament to make a law on a State List subject, Parliament can make that law for those States.

Other States can adopt the law later by passing similar resolutions. A law made under Article 252 can generally be amended or repealed by Parliament, rather than by the participating State Legislatures acting individually.

To Implement International Agreements — Article 253

Parliament can make laws on any subject, including a State List subject, when necessary to implement treaties, international agreements, or decisions made at international conferences.

This power allows India to meet its international commitments through national legislation.

During President's Rule — Article 356

When the President issues a Proclamation under Article 356 because the government of a State cannot be carried on according to the Constitution, Parliament may exercise the State Legislature's law-making powers, subject to the constitutional provisions governing President's Rule.

This does not mean that Parliament permanently takes over the State's legislative powers. The arrangement operates within the constitutional framework for President's Rule.

During a Financial Emergency

Article 360 provides for a Financial Emergency. However, unlike Articles 249 and 250, it does not independently give Parliament a general power to legislate on every State List subject. Its effects include constitutional directions relating to financial matters and other measures specified in that Article.

Other Constitutional Controls on State Legislation

The Constitution includes additional requirements that affect how certain State laws are introduced, passed, or brought into effect.

Article 304 — Restrictions on Trade

Article 304 allows States to impose certain taxes on goods imported from other States or Union Territories, subject to constitutional conditions. A Bill or amendment imposing reasonable restrictions on freedom of trade, commerce, or intercourse in the public interest requires the President's previous sanction before it is introduced or moved in the State Legislature.

Article 200 — Governor's Decision on State Bills

When a Bill passed by a State Legislature is presented to the Governor, Article 200 provides constitutional options, including granting assent, withholding assent, or reserving the Bill for the President's consideration, as permitted by the Constitution.

Certain Bills must be reserved for the President's consideration where the Constitution requires it.

Article 213 — State Ordinances

A Governor may issue an Ordinance (a temporary law made when the Legislature is not in session) when the constitutional conditions are met. In specified circumstances, the Governor must obtain instructions from the President before issuing an Ordinance.

These provisions are constitutional checks on the exercise of State law-making power. They do not mean that every State Bill requires the President's approval.

Important Case Law

State of West Bengal v. Union of India (1963)

The Supreme Court of India examined the relationship between the Union and the States and the nature of Indian federalism. The judgment recognised the strong position of the Union under the Constitution and rejected the argument that States possess complete sovereignty independent of the Union.

Importance: The case helps explain why the Constitution gives Parliament significant powers while still recognising the constitutional role of the States.

S. R. Bommai v. Union of India (1994)

The Supreme Court of India considered the use of Article 356 and the constitutional limits on the Union's power to dismiss State governments. The Court held that the use of President's Rule is subject to judicial review (examination by courts) and that federalism is part of the Constitution's basic structure (its essential features that cannot be destroyed by constitutional amendment).

Importance: The judgment confirms that the Union's powers over States are subject to constitutional limits.

Distinction Between the Three Legislative Lists

Practical Example

Suppose a State wants to introduce a law dealing with public health in response to a local problem. Public health is generally a State subject, so the State Legislature may make a law within its constitutional authority.

However, if Parliament has validly made a law on a relevant Concurrent List subject, the State must ensure that its law does not conflict with the Union law. If there is a conflict, Article 254 determines which law prevails.

Similarly, if a matter falls within the State List but the Rajya Sabha passes a valid resolution under Article 249, Parliament can legislate on that subject in the national interest for the period allowed by the Constitution.

Summary

• Articles 245–255 deal with important aspects of legislative relations between the Union and the States.
• Article 245 defines the territorial reach of laws made by Parliament and State Legislatures.
• Article 246, read with the Seventh Schedule, distributes legislative powers through the Union List, State List, and Concurrent List.
• Parliament has residuary legislative powers under Article 248 and Entry 97 of the Union List.
• Article 254 generally gives priority to Union law when it conflicts with State law on a Concurrent List subject, subject to a limited exception for State laws receiving the President's assent.
• Articles 249, 250, 252, 253, and 356 allow Parliament to legislate on State List subjects in specified circumstances.
• The Constitution also places requirements and restrictions on certain State Bills and Ordinances.
• The Supreme Court has confirmed that the Union has significant constitutional powers, but those powers remain subject to constitutional limits.