Centre’s Control Over State Legislation: Constitutional Provisions

In terms of law making powers, the constitution has done more favour to parliament than in states. It has kept state laws out of extra-territorial operation (article 245); it has given residuary power of legislation to parliament {article 249}; it has empowered parliament to make laws on all subjects of state list during emergency {article 250}.

Other provisions for control over state legislation

Apart from Parliament’s power to legislate directly on the state subjects under the exceptional situations, the Constitution empowers the Centre to exercise control over the state’s legislative matters in the following ways:

• Governor can reserve certain types of bills passed by the state legislature for the consideration of the President. For such bills, president has absolute veto power.
• Bills on certain matters {such as those putting restrictions on freedom of trade & commerce} of state list can be introduced in legislature only on prior sanction of president.
• During a financial emergency, the President can direct the states to reserve money and financial bills for his consideration.

The above provisions conclude that constitution has given enough superiority to centre in terms of legislative functions.

Are these provisions justified?

Yes. They are justified because they provide clarity and remove absurdity between centre-state powers. If we exclude this principle of Parliamentary supremacy, there would be a possibility of two equally powerful tiers of power which would indulge in conflict, interference, strife and chaos due to conflicting laws. These provisions make sure that there is an integrated legislative policy and there is uniformity in the basic laws.