Centre-State Relations

1. Legislative Relations (Article 245)

The Constitution outlines the distribution of legislative powers between the Centre and States. This includes aspects related to territorial and subject-matter jurisdiction.

A. Related to Territorial Powers (Article 245)

• Parliament's Power: Parliament can make laws for the whole or any part of the territory of India. This extends to making laws with extra-territorial operation (i.e., laws applicable to Indian citizens and their property anywhere in the world).
• State Legislature's Power: A state legislature can make laws for the whole or any part of the state concerned. Its laws are not applicable outside the state, except when there is a sufficient nexus between the state and the object.
• Special Provisions for Union Territories (UTs): For certain UTs like Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli, and Daman & Diu, the President has the power to make regulations that have the same force and effect as an Act of Parliament. This power is significant as it can repeal or amend a law made by Parliament concerning that territory.
• Scheduled Areas and Tribal Areas: The Governor of a state can direct that an Act of Parliament does not apply to a scheduled area or a tribal area in the state, or applies with specified modifications. Similarly, the President has such powers in relation to tribal areas in Meghalaya, Tripura, Mizoram, and Assam.

B. Related to Legislative Powers (Subject Matter)

The Seventh Schedule of the Constitution deals with the distribution of legislative subjects between the Union and the States. It consists of three lists:

• Union List (List I): Contains 100 subjects (originally 97) on which Parliament has exclusive power to make laws. These are subjects of national importance like defence, foreign affairs, atomic energy, banking, railways, post and telegraph, citizenship, etc.
• State List (List II): Contains 61 subjects (originally 66) on which state legislatures ordinarily have exclusive power to make laws. These are subjects of local and regional importance like public order, police, public health and sanitation, agriculture, local government, fisheries, markets, etc.
• Concurrent List (List III): Contains 52 subjects (originally 47) on which both Parliament and state legislatures can make laws. Examples include criminal law, civil procedure, marriage and divorce, forests, education, trade unions, electricity, drugs, etc.
• Residuary Powers (Article 248): The power to make laws with respect to any matter not enumerated in the Concurrent List or State List rests with Parliament. This means if a subject does not fall under any of the three lists, the Centre has the exclusive power to legislate on it.
• "Twilight Zone" (Concurrent List): In case of a conflict between a Central law and a State law on a subject in the Concurrent List, the Central law prevails over the State law. However, if a state law on a concurrent subject has been reserved for the consideration of the President and has received his assent, then the state law prevails in that state, but Parliament can still legislate on the same matter.

Parliament's Power to Legislate on State List Subjects

Though states have exclusive power over State List subjects, Parliament can legislate on them under five extraordinary circumstances:

1. When Rajya Sabha Passes a Resolution (Article 249): If the Rajya Sabha declares that it is necessary in the national interest for Parliament to make laws on a State List subject, Parliament can do so. Such a resolution must be supported by 2/3rd of members present and voting and remains in force for one year, but can be renewed indefinitely.
2. During a National Emergency (Article 250): During a National Emergency (Article 352), Parliament can make laws on any subject in the State List. Such laws cease to operate six months after the emergency ends.
3. When States Make a Request (Article 252): If two or more states agree that Parliament should legislate on a particular State List subject for them, Parliament can pass such an act. The law will apply only to those states that passed the resolution and any other state which adopts it afterwards. States that have not adopted the law cannot amend or repeal it.
4. For Implementing International Agreements (Article 253): Parliament can make laws on any State List subject for the purpose of implementing any international treaty, agreement, or convention.
5. During President's Rule (Article 356): When President's Rule is imposed in a state, Parliament can make laws with respect to any matter in the State List in relation to that state. A law made by Parliament continues to be in force even after the President's Rule is revoked.