Question

With reference to the legislative relations between the Centre and states in the Indian Constitution, consider the following statements:

1. The Parliament has exclusive power to legislate on all matters in the Union List, including residuary powers.

2. The state legislature can legislate on Concurrent List subjects, but in case of a conflict, the state law prevails if it has received the President’s assent.

3. The Parliament can legislate on State List matters during a financial emergency.

4. The Concurrent List originally contained 52 subjects, which has now been reduced to 47 subjects.

Which of the statements given above are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 2 and 4 only

Answer 1

Answer:

A. 1 and 2 only

Understanding Legislative Relations between Centre and States

• The Indian Constitution establishes a federal system with a clear division of legislative powers between the Union (Centre) and the States, primarily outlined in Part XI (Articles 245 to 255) and the Seventh Schedule.
• The Seventh Schedule comprises three lists: the Union List, State List, and Concurrent List.

Union List (List I)

• The Union List contains subjects of national importance on which the Parliament has exclusive power to make laws.
• Currently, it has 100 subjects (originally 97 subjects).
• Examples include defence, foreign affairs, railways, banking, atomic energy, citizenship, etc.

Residuary Powers

• According to Article 248, the Parliament has exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or State List. These are known as Residuary Powers.
• This power includes the power to impose a tax on any matter not enumerated in the Concurrent List or State List.
• This feature is derived from the Canadian model, where the Centre has stronger residuary powers.

Concurrent List (List III)

• The Concurrent List includes subjects on which both the Parliament and the state legislatures can legislate.
• Originally, the Concurrent List had 47 subjects.
• The 42nd Amendment Act of 1976 transferred five subjects from the State List to the Concurrent List, increasing its strength to 52 subjects. These transferred subjects are:
  • Education
  • Forests
  • Weights and Measures (except establishment of standards)
  • Protection of Wild Animals and Birds
  • Administration of Justice, Constitution and Organisation of all courts (except the Supreme Court and the High Courts).
• In case of a conflict or repugnancy between a central law and a state law on a subject in the Concurrent List, the central law generally prevails (Article 254).
• However, if a state law on a Concurrent List subject has been reserved for the consideration of the President and has received his assent, then the state law will prevail in that state, notwithstanding its repugnancy to an earlier law of Parliament (Article 254(2)).
• It is important to note that the Parliament can still enact a law on the same matter, which would then override the state law approved by the President.

State List (List II)

• The State List contains subjects on which the state legislature generally has exclusive power to make laws.
• Currently, it has 61 subjects (originally 66 subjects).
• Examples include public order, police, public health and sanitation, agriculture, local government, etc.

Parliament's Power to Legislate on State List Subjects

• Under normal circumstances, Parliament cannot legislate on State List matters.
• However, there are exceptional circumstances under which Parliament can legislate on State List subjects (Article 249, 250, 252, 253, 352, 356, 365):
  • When a National Emergency is in operation (Article 250). This allows Parliament to make laws for the whole or any part of the territory of India with respect to any matter enumerated in the State List.
  • When the Rajya Sabha passes a resolution by a 2/3rd majority declaring that it is necessary or expedient in the national interest (Article 249). Such a resolution remains in force for a year and can be extended multiple times.
  • When two or more states pass a resolution requesting Parliament to legislate on a State List subject (Article 252).
  • To implement an International Treaty, Agreement or Convention (Article 253).
  • During President's Rule (Article 356) in a state, Parliament can make laws for that state concerning State List subjects.
• A financial emergency (Article 360) does not empower Parliament to legislate directly on State List matters. Its impact is on financial autonomy and directions given by the Centre to states regarding financial matters.