Legislative Relations
The framework of Legislative Relations forms the legal backbone of Indian federalism, determining how law-making authority is shared between the Centre and the states. Detailed under Part XI of the Constitution, Articles 245 to 255 establish the territorial boundaries and subject-matter jurisdiction of Parliament and State Legislatures. Mastering Legislative Relations UPSC concepts is crucial for aspirants studying Centre State Legislative Relations and Distribution of Powers Between Union and States for civil services examinations.
Territorial Extent and Distribution of Legislative Powers
Legislative Relations in Indian Constitution operate through two major vectors: territorial reach and functional subject matter.
1. Territorial Extent (Article 245)
Under Article 245, Parliament has the power to make laws for the whole or any part of India, including extraterritorial legislation, whereas State Legislatures can enact laws strictly for their respective state territories.
2. Functional Distribution (Article 246 & Seventh Schedule)
Article 246 sets out the functional Distribution of Legislative Powers via the Seventh Schedule of Indian Constitution, which divides subjects into three distinct lists:
- Union List: Exclusive jurisdiction of Parliament (e.g., Defense, Foreign Affairs, Railways).
- State List: Exclusive jurisdiction of State Legislatures under normal conditions (e.g., Public Order, Police, Agriculture).
- Concurrent List: Shared jurisdiction of both Parliament and State Legislatures (e.g., Education, Forests, Marriage).
Under Article 248, Residuary Powers of legislation—matters not enumerated in any of the three lists—are exclusively vested in Parliament. Additionally, Article 246A was introduced to govern taxation powers under the Goods and Services Tax (GST) framework.
Exceptional Powers: Parliament's Power to Legislate on State Subjects
While the Distribution of Powers Between Union and States safeguards state autonomy, the Constitution empowers Parliament to enact laws on State List subjects under five exceptional circumstances:
- Article 249: National interest resolution passed by the Rajya Sabha by a two-thirds majority.
- Article 250: Proclamation of a National Emergency.
- Article 252: Mutual consent and request by two or more State Legislatures.
- Article 253: Implementation of international agreements and treaties.
- Article 356: Imposition of President’s Rule in a state.
Repugnancy and Overriding Powers (Article 254)
Under Article 254, if a state law on a Concurrent List subject conflicts with a central law, the central law prevails (Doctrine of Repugnancy). However, if the state law was reserved for the President’s consideration under Article 255 and received assent, the state law prevails within that state unless Parliament later enacts overriding legislation.
Challenges and Commission Recommendations
Tensions in Union State Legislative Relations frequently arise over central overreach, excessive use of the Concurrent List, and the Role of the Governor in Legislative Relations regarding reservation of state bills for presidential assent.
To preserve federal equilibrium:
- Sarkaria Commission Recommendations: Prior consultation with states before legislating on Concurrent List subjects.
- Punchhi Commission Recommendations: Greater restraint by the Centre and strict timelines for Governors regarding bill reservation.
Conclusion
A balanced dynamic in Legislative Relations Between Union and States ensures that federal flexibility coexists with national integrity. Understanding Articles 245 to 255 UPSC provisions enables civil services candidates to evaluate how law-making powers maintain harmony within Indian federalism.
UPSC Prelims: PYQs & Practice Questions
Practice Questions
Q: Which of the following statements is/are correct regarding the Rajya Sabha's power to authorize Parliament to legislate on matters in the State List in the national interest?
1. The Rajya Sabha must pass a resolution supported by not less than two-thirds of the members present and voting.
2. Such a resolution remains in force for a period not exceeding two years at a time.
3. A law made under this provision ceases to have effect on the expiration of six months after the resolution ceases to be in force.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (b) 1 and 3 only
Explanation:
Statement 1 is correct. Under
Article 249, Rajya Sabha may authorize Parliament to legislate on a
State List subject in the national interest through a resolution supported by
not less than two-thirds of the members present and voting.
Statement 2 is incorrect. Such a resolution remains in force for a period
not exceeding one year. It may, however, be renewed for further periods of one year at a time.
Statement 3 is correct. A law made by Parliament under Article 249 ceases to have effect
six months after the resolution ceases to remain in force, except in respect of things already done or omitted under that law.
Q: Which one of the following subjects is included in the Concurrent List of the Seventh Schedule of the Constitution of India?
(a) Agriculture
(b) Fisheries
(c) Protection of Wild Animals and Birds
(d) Public Health
Answer: (c) Protection of Wild Animals and Birds
Explanation:
Protection of Wild Animals and Birds is included in the
Concurrent List.
It was transferred from the State List to the Concurrent List by the
42nd Constitutional Amendment Act, 1976.
Agriculture, Fisheries and Public Health continue to remain subjects under the
State List.
Practice Questions
Q: With reference to the Doctrine of Repugnancy under Article 254 of the Constitution of India, consider the following statements:
1. If a State law on a Concurrent List subject conflicts with a Parliamentary law, the Parliamentary law prevails by default.
2. A State law on a Concurrent List subject that receives Presidential assent overrides an earlier Parliamentary law within that State.
3. Parliament cannot subsequently enact a law to amend or repeal a State law that has received Presidential assent.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (b) Only two
Explanation:
Statement 1 is correct. Under
Article 254(1), when a State law on a
Concurrent List subject is repugnant to a Parliamentary law, the Parliamentary law generally prevails and the State law becomes void to the extent of the inconsistency.
Statement 2 is correct. Under
Article 254(2), a State law relating to a Concurrent List subject may prevail within that State if it is
reserved for the consideration of the President and receives Presidential assent.
Statement 3 is incorrect. Parliament retains the power to subsequently enact a law
adding to, amending, varying or repealing the State law that had received Presidential assent.
Q: Consider the following constitutional provisions regarding legislative relations between the Union and the States:
1. Article 247 — Power of Parliament to establish certain additional courts
2. Article 248 — Exclusive residuary powers of legislation vested in Parliament
3. Article 252 — Legislation for two or more States by consent
4. Article 253 — Legislation to give effect to international agreements
How many of the above pairs are correctly matched?
(a) Only one pair
(b) Only two pairs
(c) Only three pairs
(d) All four pairs
Answer: (d) All four pairs
Explanation:
All four pairs are correctly matched.
Article 247: Parliament may provide for the establishment of
additional courts for better administration of laws made by Parliament or existing laws relating to Union List matters.
Article 248: Vests
residuary legislative powers exclusively in Parliament, including the power to impose taxes not mentioned in the State or Concurrent Lists.
Article 252: Enables Parliament to legislate on a
State List subject for two or more States when those State Legislatures pass resolutions requesting Parliament to do so.
Article 253: Empowers Parliament to make laws for implementing
international treaties, agreements and conventions.
UPSC Mains – Previous Year & Practice Questions
Mains Previous Year Questions
[15 Marks]
Question: Critically assess the use of Article 249 of the Constitution of India, which empowers Parliament to make laws on matters included in the State List in the national interest. (UPSC GS Paper II – 2023)
[15 Marks]
Question: “The Union List and Concurrent List have expanded over time at the cost of the State List.” Examine this statement in the light of federal friction and statutory centralism in India. (UPSC GS Paper II – 2021)
[10 Marks]
Question: “ Article 246A, introduced by the 101st Constitutional Amendment Act, fundamentally altered the federal distribution of taxation powers.” Analyse. (UPSC GS Paper II – 2019)
[15 Marks]
Question: Discuss the role of the Governor in reserving State Bills for the consideration of the President under Article 200. How has this affected the legislative autonomy of States? (UPSC GS Paper II – 2017)
[12.5 Marks]
Question: “The Indian Constitution has a centralising tilt in its legislative distribution of powers.” Explain with reference to residuary powers and Parliamentary supremacy in the Concurrent List. (UPSC GS Paper II – 2015)
Mains Practice Questions
[15 Marks | 250 Words]
Question: “The Concurrent List was designed as a bridge for cooperative federalism, but it has increasingly turned into an instrument of executive and legislative centralisation.” Critically examine.
[10 Marks | 150 Words]
Question: Analyse the impact of Article 253 on State legislative rights. Should the Centre be required to consult States before signing international trade treaties that affect subjects falling within the State List?
[15 Marks | 250 Words]
Question: Evaluate the constitutional viability of prescribing rigid timelines for the Governor to grant assent, withhold assent, or reserve State Bills under Article 200, in the light of recent Supreme Court verdicts.
Legislative Relations-FAQs
What are Legislative Relations in India?
Legislative Relations refer to the constitutional framework that distributes law-making powers between Parliament and State Legislatures.
Which Articles deal with Legislative Relations?
Articles 245 to 255 under Part XI of the Constitution deal with Legislative Relations between the Union and the States.
What is Article 246?
Article 246 distributes legislative powers through the Union List, State List and Concurrent List under the Seventh Schedule.
What is the Doctrine of Repugnancy?
The Doctrine of Repugnancy under Article 254 means that if a State law conflicts with a Union law on a Concurrent List subject, the Union law generally prevails.
Why are Legislative Relations important for UPSC?
They are important because they connect Indian federalism, Centre-State relations, Seventh Schedule, residuary powers, Article 254 and parliamentary supremacy.
