Legislative relations between the centre and the states

Legislative relations between the centre and the states 

The Indian Constitution, under Part XI (Articles 245-255), outlines legislative relations between the Centre and States, dividing legislative powers territorially and by subject matter through the Union, State, and Concurrent Lists, with Parliament having broader powers in certain circumstances. 

Territorial Scope: 

• Article 245(1) states that Parliament can legislate for the whole or any part of India, while State Legislatures can legislate for the whole or any part of their respective states. 
• Article 245(2) clarifies that laws made by Parliament are not invalid due to having extra-territorial operation. 

Distribution of Legislative Powers (Article 246): 

The Constitution divides legislative powers into three lists: Union List, State List, and Concurrent List, as outlined in the Seventh Schedule. 

• Union List: Parliament has exclusive power to legislate on subjects in this list (e.g., defense, banking). 
• State List: State Legislatures have exclusive power to legislate on subjects in this list (e.g., police, agriculture). 
• Concurrent List: Both Parliament and State Legislatures can legislate on subjects in this list, but in case of conflict, Parliament's law prevails. 

Parliamentary Legislation in State Field: 

Parliament can legislate on State List matters in certain circumstances, such as:

When Rajya Sabha approves a resolution with a two-thirds majority, declaring that it is necessary for the national interest. 

• During a national emergency (Article 352). 
• When President's Rule is imposed in a state (Article 356). 
• To implement international treaties and agreements. 

Financial Relations: 

Part XII (Articles 268-293) deals with financial relations between the Centre and the States, outlining the distribution of financial resources and responsibilities. 

Administrative Relations: 

Articles 256 to 263, also in Part XI, deal with administrative relations between the Centre and the States. 

Emergency Provisions: 

During emergencies (National, President's Rule, Financial), the balance of power can shift towards the Centre. 

Conclusion:

• The Constitution establishes a framework for a federal structure, dividing powers between the Centre and the States. 
• The division of legislative powers is a key aspect of this federal structure. 
• The system allows for flexibility and adaptation to changing circumstances, including national emergencies. 
• The Constitution also provides mechanisms for resolving conflicts and ensuring cooperation between the Centre and the States.