Model Answer
0 min readIntroduction
The Indian Constitution establishes a federal structure, delineating legislative powers between the Union and State governments. This division, based on the principles of subject matter and territory, aims to balance national unity with regional autonomy. Article 245 of the Constitution forms the bedrock of this legislative division, outlining the legislative competence of both Parliament and State Legislatures. Recent debates surrounding the Goods and Services Tax (GST) Council and the application of Article 370 highlight the complexities and ongoing evolution of this power-sharing arrangement. Understanding this framework is essential for comprehending India's governance structure and the dynamics between the Centre and States.
Legislative Powers: A Framework
The Constitution classifies legislative powers based on two key criteria: subject matter and territory. Subject matter division categorizes laws into three lists: the Union List, State List, and Concurrent List. Territorial jurisdiction defines where each legislative body can make laws.
Legislative Powers Based on Subject Matter
Union List
The Union List contains subjects over which the Parliament has exclusive legislative power. These are primarily matters of national importance and strategic significance.
- Examples: Defence, Foreign Affairs, Currency and Coinage, National Highways, Railways, Atomic Energy.
- Significance: Ensures uniformity and national security.
- Article: Article 245(1) grants exclusive power to Parliament.
- STATISTIC: The Union List currently contains 101 subjects (as per the Constitution (Scheduled and Special Provisions) Act, 1956).
State List
The State List comprises subjects over which State Legislatures have exclusive legislative power. These are matters of local concern and regional development.
- Examples: Public Order, Police, Local Government, Public Health, Agriculture, Irrigation.
- Significance: Allows for regional variations and responsiveness to local needs.
- Article: Article 245(2) grants exclusive power to State Legislatures.
- DEFINITION: State List - A list of subjects in the Constitution of India over which state legislatures have exclusive legislative competence.
Concurrent List
The Concurrent List contains subjects over which both Parliament and State Legislatures can legislate. In case of conflict, Parliament’s law prevails.
- Examples: Criminal Law, Marriage and Divorce, Education, Economic and Social Planning, GST.
- Significance: Allows for both national policy and state-level implementation.
- Article: Article 245(3) allows both Parliament and State Legislatures to legislate. Article 110 addresses the situation when both enact laws, with Parliament's law prevailing.
- EXAMPLE: The GST law, a complex implementation of a subject in the Concurrent List, demonstrates the interplay between Union and State powers.
Legislative Powers Based on Territory
Parliament’s legislative power extends to the entire territory of India and, under certain conditions, to territories outside India. State legislatures, however, are generally restricted to their respective states.
Parliament's Territorial Jurisdiction
- Entire Territory of India: Parliament has power over the entire territory of India as defined in Article 1.
- Union Territories: Parliament has legislative power over Union Territories, which are administered by the central government.
- Acquired Territories: Parliament can legislate for territories acquired by India.
- Article: Article 246 grants legislative power to Parliament over territories under its jurisdiction.
State Legislatures’ Territorial Jurisdiction
- Generally, State Legislatures have power within their respective state boundaries.
- However, Parliament can legislate on State List subjects under certain circumstances (Article 370, Article 371, etc.).
| Legislative Body | Subject Matter Power | Territorial Jurisdiction |
|---|---|---|
| Parliament | Union List, Concurrent List | Entire territory of India, Union Territories, Acquired Territories |
| State Legislature | State List, Concurrent List | Within its state boundaries |
Exceptions and Overlapping Powers
Several provisions allow for exceptions and overlapping legislative powers.
- Article 370: Allows the President to apply all or any of the provisions of the Constitution to the state of Jammu and Kashmir, effectively extending Parliament's power.
- Article 371: Provides special provisions for certain states (e.g., Himachal Pradesh, Sikkim, Manipur) regarding legislative competence.
- Emergency Provisions: During a national emergency, Parliament can assume legislative power over State List subjects (Article 356).
- CASE-STUDY: The Jammu and Kashmir Reorganisation Act, 2019, significantly altered the legislative landscape of the region, demonstrating the potential for Parliament to override State autonomy under specific constitutional provisions.
- SCHEME: The Centrally Sponsored Schemes (CSS) often involve both Union and State governments sharing legislative and administrative responsibilities.
DEFINITION: Article 370 - A provision of the Indian Constitution that granted special autonomy to Jammu and Kashmir, allowing it to have its own constitution and flag.
Conclusion
In conclusion, the legislative powers of the Union and States in India are carefully balanced within a constitutional framework based on subject matter and territory. While Parliament holds primacy in certain areas, State Legislatures play a crucial role in addressing local needs and concerns. The ongoing evolution of these powers, as evidenced by recent legislative changes and judicial interpretations, reflects the dynamic nature of India’s federal structure and the continuous negotiation between national unity and regional autonomy. A thorough understanding of these provisions is paramount for effective governance and maintaining the integrity of the Indian Constitution.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.