Union State Legislature
India follows a unique federal system. The Constitution of India declares, “India, that is Bharat, shall be a Union of States” in its very first article. Interesting enough the world Federation was nowhere used in the basic text of the constitution. However, India does not lack the basic federal components. Indian Constitution provides distinct division and distribution of powers between the Centre and States. The two sets of government–the Federal or the Union or the Central government on one hand and the State or the Provincial Government, on the other hand, definite division and distribution of powers between the Centre and the states in India a precisely written and semi-rigid constitution, a supreme judiciary with the power of judicial review etc., all speak about the federal character of our Constitution.
Legislative Relations
Article 245 to 255 contains a charter of the distribution of legislative powers between the Union and the States. Parliament may make laws for the whole or any part of India. The Legislature of a State may make laws for the whole or any part of the State. Any State law would be void if it has the extra-territorial operation unless sufficient nexus can be shown to exist between the object and the State. Laws made by Parliament, however, cannot be questioned on grounds of extraterritorial operation (article 245). The Seventh Schedule to the Constitution embodies three lists, viz.
The Union List, the State List and the Concurrent List consisting of 99,.61 and 52 items (originally 97, 61, 47 ) respectively. Article 246 lays down that the Union Parliament would have exclusive jurisdiction to make laws in regard to items in the Union List, the State Legislature would have exclusive power to make laws in respect of items in the State List and both the Union and State Legislatures could legislate in the area of items included in the Concurrent List.
In case of ost to the subject which any inconsistency between laws made by Parliament and those made by the Legislature of a State in respect of items in the Concurrent List, the Union law shall prevail and the State law shall be void to the extent of inconsistency except where a State law is reserved for the consideration of the President and receives his assent (article 254). In the three-fold distribution of legislative powers, residuary powers of legislation have been left with the Union (article 248). Also, Parliament has been given the power to make any law for the whole or any part of the country to give effect to any international treaty, agreement, convention or decision (article 253).
The Union List consists of subjects that are of common interest to the Union and with respect to which uniformity of legislation throughout the Union is essential. Subjects that allow for diversity of interest and treatment are included in the State List and matters in which uniformity of legislation throughout the Union is desirable but not essential are included in the Concurrent List.
Although the States List, there are two exceptions to this general rule. Under Article 249, if the Rajya Sabha declare by a Resolution supported by two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, Parliament is competent to make laws on that matter for the whole or any part of India.
Such a Resolution remains valid for a year; it can be extended by another year by a subsequent Resolution. Any law passed under this provision would cease to be in force within six months after the end of the year. Again under Article 250, Parliament is empowered to make laws on any item included in the state list for the whole or any part of India while a Proclamation of Emergency is in operation.
The maximum duration of validity of such laws will be six months after the expiry of the Emergency. In case of inconsistency between laws made by Parliament under articles 249 and 250 and laws made by State Legislatures, the law made by Parliament shall prevail and the State law shall be in operative to the extent of repugnancy while the law made by Parliament remains in effect (article 251). According to Article 252, two or more State Legislatures by passing a Resolution may ask Parliament to make laws on any matter in the State List. Such laws can be extended to other States provided the concerned State Legislatures pass Resolutions to that effect.
Check out the notes on The Union Territories And Special Provisions For Delhi.