Question

Which article of the Indian Constitution defines the distribution of legislative powers between the Centre and the States?

(i) Article 245

(ii) Article 267

(iii) Article 246

• A. Only (i)
• B. Only (ii)
• C. Only (iii)
• D. Both (i) and (iii)

Answer 1

Answer:

C. Only (iii)

Legislative Relations Between Centre and States

Part XI of the Indian Constitution (Articles 245 to 255) defines the legislative relations and distribution of power between the Centre and the States. This distribution is classified into two dimensions: territorial jurisdiction and subject-matter jurisdiction.

Article 246: Distribution of Subject Matter

• Definition: Article 246 specifically defines the distribution of legislative powers between the Union and the State Governments with respect to subject-matter.

• The Seventh Schedule: Under Article 246, the legislative powers are distributed across three lists within the Seventh Schedule:

  • Union List (List I): Parliament has exclusive power to make laws. It contains matters of national importance like Defence, Foreign Affairs, and Banking. It currently contains 100 subjects (originally 97).

  • State List (List II): State Legislatures have exclusive power to make laws under normal circumstances. It contains matters of local concern like Police, Public Health, and Sanitation. It currently contains 61 subjects (originally 66).

  • Concurrent List (List III): Both Parliament and State Legislatures can legislate. It includes subjects like Education, Forests, and Marriage. It currently contains 52 subjects (originally 47). In case of conflict, Union law prevails.

Article 245: Territorial Extent of Legislation

• Definition: Article 245 governs the territorial jurisdiction of legislative powers.

• Parliament's Scope: Parliament can make laws for the whole or any part of the territory of India, including extra-territorial legislation.

• State Legislature's Scope: A State Legislature can make laws only for the whole or any part of its respective state.

Article 267: Contingency Fund

• Definition: Article 267 deals with the establishment of Contingency Funds rather than legislative relations.

• Contingency Fund of India: Established by Parliament under Article 267(1), placed at the disposal of the President of India to meet unforeseen expenditures.

• Contingency Fund of the State: Established by State Legislatures under Article 267(2), placed at the disposal of the Governor.

• The 42nd Amendment Act (1976): Transferred five subjects from the State List to the Concurrent List: Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice.

• Residuary Powers (Article 248): The power to legislate on matters not mentioned in any of the three lists is vested solely in the Parliament.

• Key Judicial Doctrines:

  • Doctrine of Pith and Substance: Applied when a law enacted by one legislature encroaches on the domain of another, helping determine the true intent and essence of the law.

  • Doctrine of Colourable Legislation: Prevents a legislature from doing indirectly what it is prohibited from doing directly.