RTUEE / EC / EEEYr 2023 · Sem 52023

Q6Indian Constitution

Question

5 marks

Q.6. [CO3] (K2) Compare the powers of central and state legislature. Explain.

Answer

Central legislature (Parliament) has exclusive power over Union List subjects and residuary powers, State legislatures control State List subjects, and both share Concurrent List subjects with Union law prevailing in case of conflict, reflecting India's quasi-federal structure with a strong center.

India's Constitution establishes a quasi-federal system with a division of legislative powers between the Union (central) Parliament and State Legislatures, set out in the Seventh Schedule through three lists: the Union List (List I, containing 97 subjects of national importance such as defence, foreign affairs, banking, and currency, on which only Parliament can legislate), the State List (List II, containing 66 subjects of local/state importance such as police, public health, agriculture and local government, on which normally only state legislatures can legislate), and the Concurrent List (List III, containing 47 subjects such as education, marriage, criminal law and forests, on which both Parliament and state legislatures can legislate).

In comparing their powers: Parliament possesses exclusive authority over Union List matters and additionally holds 'residuary powers' under Article 248 — the authority to legislate on any subject not enumerated in any of the three lists, a feature that tilts the federal balance toward the Centre (unlike the US model, where residuary powers rest with the states). On Concurrent List subjects, if a state law conflicts with a Union law, the Union law prevails and the state law becomes void to the extent of the inconsistency, under Article 254 (subject to the exception where a state law has received Presidential assent, in which case it can prevail in that state until Parliament legislates again on the point). Parliament can also legislate on State List subjects under specific extraordinary circumstances: during a national emergency (Article 250), if the Rajya Sabha passes a resolution declaring a State List subject to be of national importance (Article 249), when two or more states request it (Article 252), or to implement international treaties (Article 253). This structural asymmetry — Union supremacy in conflicts, residuary powers with the Centre, and multiple override mechanisms — is why Indian federalism is often described as 'quasi-federal' or having a 'unitary bias', particularly strengthened during emergencies when the system can function almost as a unitary state.

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