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    Legislative Powers

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    dipankar
    The document discusses the division of legislative powers between the Indian union government and the state governments. There are three lists that divide powers: the Union List gives the central government exclusive powers to legislate on 100 items like defense, foreign affairs, and taxation. The State List gives states exclusive powers to legislate on 67 items like law and order and land policies. The Concurrent List gives both levels of government shared powers to legislate on 47 items like marriage law and electricity. Any subjects not included in the lists fall under the Residuary Powers of the central government. The document also notes that in practice the central government has more power over states and can override state laws and administrations in certain circumstances.

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    Legislative Powers

    Uploaded by

    dipankar
    118 views3 pages
    The document discusses the division of legislative powers between the Indian union government and the state governments. There are three lists that divide powers: the Union List gives the central government exclusive powers to legislate on 100 items like defense, foreign affairs, and taxation. The State List gives states exclusive powers to legislate on 67 items like law and order and land policies. The Concurrent List gives both levels of government shared powers to legislate on 47 items like marriage law and electricity. Any subjects not included in the lists fall under the Residuary Powers of the central government. The document also notes that in practice the central government has more power over states and can override state laws and administrations in certain circumstances.

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    The document discusses the division of legislative powers between the Indian union government and the state governments. There are three lists that divide powers: the Union List gives the central government exclusive powers to legislate on 100 items like defense, foreign affairs, and taxation. The State List gives states exclusive powers to legislate on 67 items like law and order and land policies. The Concurrent List gives both levels of government shared powers to legislate on 47 items like marriage law and electricity. Any subjects not included in the lists fall under the Residuary Powers of the central government. The document also notes that in practice the central government has more power over states and can override state laws and administrations in certain circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    118 views3 pages

    Legislative Powers

    Uploaded by

    dipankar
    The document discusses the division of legislative powers between the Indian union government and the state governments. There are three lists that divide powers: the Union List gives the central government exclusive powers to legislate on 100 items like defense, foreign affairs, and taxation. The State List gives states exclusive powers to legislate on 67 items like law and order and land policies. The Concurrent List gives both levels of government shared powers to legislate on 47 items like marriage law and electricity. Any subjects not included in the lists fall under the Residuary Powers of the central government. The document also notes that in practice the central government has more power over states and can override state laws and administrations in certain circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Legislative Powers[edit]

    The power of the states and the Centre are defined by the constitution and the
    legislative powers are divided into four lists. i.e. [1]
    Union List[edit]
    Main article: Union List
    Union list consists of 100 items (previously 97 items) on which the parliament has
    exclusive power to legislate including: defence, armed forces, arms and
    ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition,
    railways, shipping and navigation, airways, posts and telegraphs, telephones,
    wireless and broadcasting, currency, foreign trade, inter-state trade and commerce,
    banking, insurance, control of industries, regulation and development of mines,
    mineral and oil resources, elections, audit of Government accounts, constitution and
    organisation of the Supreme Court, High Courts and union public service
    commission, income tax, custom duties and export duties, duties of excise,
    corporation tax, taxes on capital value of assets, estate duty, terminal taxes. [2][3]
    State list[edit]
    Main article: State List
    State list consists of 67 items (previously 66 items). Uniformity is desirable but not
    essential on items in this list: maintaining law and order, police forces, healthcare,
    transport, land policies, electricity in state, village administration, etc. The state
    legislature has exclusive power to make laws on these subjects. But in certain
    circumstances, the parliament can also make laws on subjects mentioned in the
    State list, then the parliament has to pass a resolution with 2/3rd majority that it is
    expedient to legislate on this state list in the national interest. [4]
    Though states have exclusive powers to legislate with regards to items on the State
    list, articles 249, 250, 252, and 253 state situations in which the federal
    government can legislate on these items.[2]
    Concurrent List[edit]
    Main article: Concurrent List
    Concurrent list consists of 47 items. Uniformity is desirable but not essential on
    items in this list: Marriage and divorce, transfer of property other than agricultural
    land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil
    procedure, contempt of court, adulteration of foodstuffs, drugs and poisons,
    economic and social planning, trade unions, labour welfare, electricity, newspapers,
    books and printing press, stamp duties. [2][5]
    Residuary List[edit]
    The subjects that are not mentioned in any of the three lists are known as Residuary
    Subjects. The power to legislate on these, rests with central government. [6]

    Ordinances[edit]
    Ordinances are temporary laws passed by the President when the parliament is not
    in session. The ordinance must be passed by the parliament within six weeks of
    their reassembly to become a law.
    Administrative powers[edit]
    The Union and states have independent executive staffs fully controlled by their
    respective governments and executive power of the states and the Centre are
    extended on issues they are empowered to legislate.As in legislative matters, in
    administrative matters also, the Central government has been made more powerful
    than the States. The Constitution has made it clear that the State governments
    cannot go against the Central government in administrative matters. The State
    governments have to work under the supervision and control of the Central
    government. The States should exercise its executive powers in accordance with the
    laws made by the Parliament. The Central government can make laws for
    maintaining good relations between the Centre and the States. It can control the
    State governments by directing them to take necessary steps for proper running of
    administration. If the State fails to work properly or according to the Constitution, it
    can impose Presidents rule there under Article 356 and take over its (the States)
    administration. Again, there are some officials of the Central government, working
    in the States, through which it can have control over the State governments.
    Union control over States[edit]
    See also: Article 356
    According to the Article 356 of the Constitution of India, states must exercise their
    executive power in compliance with the laws made by the Central government.
    Article 357 calls upon every state not to impede on the executive power of the
    Union within the states. Articles 352 to 360 contain provisions which empower the
    Centre to take over the executive of the states on issues of national security or on
    the breakdown of constitutional machinery. Governors are appointed by the Central
    government to oversee states. The president can dissolve the state assembly under
    the recommendation of the council of ministers by invoking Article 356 if and when
    states fail to comply with directives given by the Centre. [2]
    The Constitution provides that, except in a few cases, union law trumps state law. If
    any provision of a law made by the Legislature of a State is repugnant to any
    provision of a law made by Parliament which Parliament is competent to enact, or to
    any provision of an existing law with respect to one of the matters enumerated in
    the 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 and the law made by the Legislature of the State shall, to
    the extent of the repugnancy, be void. There is an exception to this in cases "where
    a law made by the Legislature of a State with respect to one of the matters
    enumerated in the Concurrent List contains any provision repugnant to the
    provisions of an earlier law made by Parliament or an existing law with respect to

    that matter, then, the law so made by the Legislature of such State shall, if it has
    been reserved for the consideration of the President and has received his assent,
    prevail in that State. Union Law is considered superior to State Law. Provided that
    nothing in this clause shall prevent Parliament from enacting at any time any law
    with respect to the same matter including a law adding to, amending, varying or
    repealing the law so made by the Legislature of the State."

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