Division of Legislative Powers between Centre and States in India

The legislative functions of union and states are discussed mainly in article 245 to 255 in Part XI of the constitution. Here is a brief idea of these articles.

Article 245

Article 245 provides for territorial limits on legislation powers of parliament and states. It says that parliament can make laws for whole or part of territory of India {which includes states, UTs and other territories such as enclaves}; while states can make laws for whole or part of territory of the state. A law made by parliament cannot be held invalid on ground that it has an extra-territorial operation.

Article 246

Article 246 makes provision of seventh schedule. It says that Parliament can make laws on List-I {Union List} subjects; states can make laws on List-II {state list} while both union and states can make laws on List-III {Concurrent List}.

Article 247

Article 247 vests the power of establishing additional courts in parliament if needed for matters related to Union List.

Article 248

Article 248 vests residual power of legislation {making law on a subject that is not listed in 7th schedule} in parliament. This power includes imposition of taxes on subjects not listed in 7^th schedule.

Article 249

Article 249 says that If Rajya Sabha declares by Resolution supported by 2/3^rd of the members present and voting (special majority), that it is necessary to expedient in the national interest that Parliament should make laws with respect any matter enumerated in the State List then, Parliament is competent to make laws on such matters for whole or part of India. This is very important feature which makes the importance of Rajya Sabha in keeping the balance of law making powers between Union and States.

Such a resolution passed by Rajya Sabha is valid for ONLY one Year. But if the circumstances under which the above resolution was passed prevail even after one year, then, the same kind of resolution with same special majority is needed to be passed again. In absence of such a resolution, the law passed by the parliament with ceases to remain valid within 6 months after passing of a year.

Article 250

According to Article 250, parliament is empowered to make laws on any item that is included in the State List for the whole or part of India, while a Proclamation of emergency is in operation. Such a law passed by parliament on items of state list shall be in force for the period of emergency and 6 months beyond that period.

Article 251

Article 251 says that if any provision of a law made by the Legislature of a State is inconsistent to any provision of a law made by Parliament, then the law passed by the parliament shall prevail, and the law made by the Legislature of the State be inoperative, to the extent of the inconsistency.

Article 252

As per the above discussions, there are two occasions when the Union, on its own initiative, extends its legislative powers to embrace that of the states.

• When Rajya Sabha passes a resolution by special majority
• When Emergency is in operation

However, there could be a third occasion when the states themselves would want the parliament to make laws on subjects enumerated in the state list. The action on the part of two or more states can enable the parliament to make laws on any item included in the state list. This has been enshrined in the article 252. Article 252 says that – if the legislatures of the two or more states pass resolutions to the effect that it is desirable to have a parliamentary law regulating any of the matters included in the state list, then it is lawful for parliament to make laws on regulation of such matter.

Such laws are valid only in the states those took the above mentioned action. However, it can be extended to other states as well, which have not passed such resolution earlier, but passes a resolution thereafter.

Thus, we see that Article 252 makes a very important provision. Here, the parliamentary action is basically a result of the states initiatives where the states have the common interest but are unable to act individually.

Once the purpose of passing such parliamentary legislation over state list subject is over, the states can amend or repeal that act , however to repeal that also they need to follow the same procedure i.e. pass resolution to the effect that it is desirable that parliament repeals / amends that act.

Article 253

Article 253 says that Parliament has power to make any law for the whole or any part of the territory of India for implementing any international treaty, agreement or convention.

Article 254

Article 254 says that if there is any inconsistency of a law made by the Legislature of a State with any provision of a law made by Parliament which Parliament is competent to enact, or on a matter of Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail.

Article 255

This article provides that any law made by parliament or state legislature will not be invalid only because some recommendations or prior sanction from Governor, LG, President etc. was not taken.