Distribution of law-making powers between the Union and States

The Indian Constitution distributes law-making powers between the Union and States using three lists (Union, State, and Concurrent), with the Union Parliament having exclusive power on the Union List and both Union and State legislatures on the Concurrent List, while States have exclusive power on the State List. In case of conflicts, Union laws on the Concurrent List prevail, and the Union has greater power, especially in matters of national interest. 

1. Distribution of Legislative Powers:

The Constitution outlines the distribution of legislative powers between the Union and the States in the Seventh Schedule, which contains three lists: 

Union List (List I): This list contains subjects of national importance, where the Union Parliament has exclusive power to legislate. Examples include defense, foreign affairs, currency, and banking. 

State List (List II): This list contains subjects of state importance, where the State legislatures have exclusive power to legislate. Examples include police, local government, trade, and agriculture. 

Concurrent List (List III): This list contains subjects of common interest, where both the Union Parliament and State legislatures have the power to legislate. Examples include criminal law, civil procedure, education, and economic planning. 

Residuary Powers:

The Constitution vests residuary powers (powers not specifically mentioned in any of the three lists) with the Union government. 

2. Resolving Conflicts:

(a) Concurrent List Conflicts:

If a conflict arises between a law made by the Union Parliament and a law made by a State legislature on a subject in the Concurrent List, the Union law prevails. 

State Law on Concurrent List:

However, if a State law on a subject in the Concurrent List has been reserved for the consideration of the President and received his consent before the Union law on the same subject, the State law will prevail. 

(b) National Interest:

In matters of national interest, the Union Parliament can legislate on subjects in the State List with a two-thirds majority. 

(c) Emergency:

During a proclamation of emergency, the Union Parliament can legislate on subjects in the State List. 

(d) Inter-State Council:

The Inter-State Council, established under Article 263, provides a platform for Union and State representatives to discuss and resolve disputes. 

(e) Supreme Court:

The Supreme Court can adjudicate disputes between the Union and States, or between States, under Article 131. 

(f) Harmonious Interpretation:

The courts must, wherever possible, interpret a statute, rule, or regulation's many parts logically and sustain them rather than invalidating the entire provision. 

(g) Doctrine of Territorial Nexus:

A state legislature can only make laws for its purpose. The doctrine of Territorial Nexus can be only valid if certain conditions are fulfilled. 

(h) Extra-territorial laws:

The Union has the power to make even extra-territorial laws, but the State does not have the same power.