CENTRE-STATE RELATIONStc "CENTRE-STATE RELATIONS"
A Federal Constitution established a dual polity with the Union at the centre and the States at the periphery, each endowed with powers to be exercised in the field assigned to them. The legislative, executive and the financial authority is divided between the centre and the units not by any law passed by the Centre but by the Constitution itself. The Indian Constitution provides for a new kind of federalism to meet India’s peculiar needs. In the matter of distribution of powers, the framers followed the pattern of the Government of India Act, 1935. tc "Introduction"Constitution of India provides for the establishment of a Federal system of governance wherein there is division of (1) Legislative (2) Administrative (3) Financial powers between the center and the states. LEGISLATIVE RELATIONStc "LEGISLATIVE RELATIONS (Article No 245 TO 255)" The Constitution of India makes a two-fold distribution of legislative powers- (a) With respect to territorial jurisdiction, and
(b) With respect to subject matter of legislation
A. TERRITORIAL JURISDICTION
.As regards the territorial jurisdiction, Article 245(1) provides: “Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.” Clause (2) of Article 245 further provides:”No low made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.” .Article 31(A) provides that the State legislature can take over private property for public purpose. Any state bill that provides for this should be reserved for the consideration of the President. .Article 31(B) created the ninth Schedule to the Constitution and the State legislature decision can be placed under the ninth Schedule only when it is approved by the Parliament. .According to Article 200, after the passage of a bill in the State Legislature, it is presented to the Governor. The Governor can give his assent. He can declare it as withheld or he can send an ordinary bill for the reconsideration of the Legislature or he can reserve the bill for the reconsideration of the President. .Article 288 (2) authorizes the state legislature to levy tax on a Central Authority situated in the state for the storage of water or electricity generated, consumed, distributed or sold. However, such bills shall be reserved for the consideration of the President. .Art 304 (b) authorizes the State Legislature to impose reasonable restrictions on Interstate trade or commerce. However, any such bill can be introduced in the legislature only on the recommendation of President. B. SUBJECT-MATTER OF LEGISLATION
Article 246 provides that the Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule and the State Legislature may make laws with respect to the matters contained in the List 2.As regards the matters contained in the concurrent list, both the Union and the states can make laws. Article 246 (4) holds that the Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List. Residuary powers of legislation
According to Article 248 (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. According to Clause (2) of Article 248 such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. Following are the five conditions where Parliament acquires the power to legislate on the subjects mentioned in the state list. (1) Article 249 the Rajya Sabha may pass a resolution where in it can authorize the Parliament to legislate on one or more subjects mentioned in the state list on...
Please join StudyMode to read the full document