Model Answer
0 min readIntroduction
The Constitution of India demarcates legislative powers between the Union and the States using three lists: Union List, State List, and Concurrent List (Article 246). The Concurrent List (currently List III of the Seventh Schedule) contains subjects where both the Union and States can legislate. While legislative power is shared, the distribution of executive power concerning these subjects is nuanced. Generally, executive power follows legislative competence, but specific constitutional provisions and parliamentary enactments dictate its actual vesting, creating a unique federal arrangement with unitary underpinnings for concurrent matters.
The distribution of executive power concerning subjects in the Concurrent List is primarily governed by constitutional principles, particularly Article 254, which addresses the potential conflict between Union and State laws.
Vesting of Executive Power: General Rule
- Article 73 Principle: Generally, the executive power of the Union extends to the matters over which Parliament has power to make laws. This includes the Union List and the Concurrent List.
- Article 162 Principle: Similarly, the executive power of a State extends to the matters over which the State Legislature has power to make laws (State List and Concurrent List).
- Repugnancy Rule (Article 254(1)): In case of a conflict (repugnancy) between a law made by Parliament and a law made by the State Legislature on a subject falling under the Concurrent List, the law made by Parliament shall prevail, and the State law shall, to the extent of the repugnancy, be void. Consequently, the executive power related to the prevailing Union law rests with the Union government.
Exception under Article 254(2)
Article 254(2) provides a crucial exception. If a State law, made on a Concurrent List subject, has been reserved for the President's consideration and received his assent, it can operate in that State notwithstanding its repugnancy to an earlier Union law. However, this exception is subject to a proviso:
- Parliament can subsequently legislate on the same subject, expressly making its law applicable in that State, thereby overriding the State law again.
- In the scenario where the State law prevails due to Presidential assent, the executive power concerning that specific provision of the State law vests with the State government.
Parliamentary Delegation
Furthermore, Parliament is empowered to legislate laws that may assign executive functions related to Concurrent List subjects to the Union or its officers. For instance, the Environment (Protection) Act, 1986, enacted under Entry 13 (now Entry 55) of the Concurrent List (formerly Union List Entry 25), empowers the Central government to take measures to protect and improve the environment, often involving delegation to State governments or authorities.
Summary Table: Executive Power Vesting
| Scenario | Legislative Supremacy | Executive Power Vesting |
|---|---|---|
| Union Law prevails (Art. 254(1)) | Union Law | Primarily Union Govt. |
| State Law prevails (Art. 254(2) - President's Assent) | State Law (in that State, unless overridden by Parliament) | Primarily State Govt. (for the prevailing State law) |
| Specific Parliamentary Act assigns power | Union or State Law (as applicable) | As specified by Parliament (can be Union or State) |
Therefore, while the Constitution allows both levels of government legislative competence, the executive power is primarily vested with the Union, except where specific provisions like Article 254(2) allow state laws (and thus state executive power) to operate, or where Parliament explicitly delegates or assigns such powers.
Conclusion
In essence, the Constitution vests executive power concerning the Concurrent List in a manner that balances federal principles with national interest. While the Union government generally holds sway due to the potential supremacy of its laws (Article 254(1)), the State government can exercise executive power over concurrent subjects if its specific law receives Presidential assent and remains operative. Parliament also retains the power to assign executive functions explicitly. This ensures flexibility and national coherence while allowing states operational control under defined circumstances.
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.