School of Law Snigdha Singh 2023 24 Schedule VII and Legislative Powers of the States and the Centre

Summary

This video explains the division of legislative powers between the central and state governments in India as outlined in the Constitution. It details the three key areas of legislative, administrative, and financial relations, emphasizing the hierarchical structure established by the Union List, State List, and Concurrent List. The central government holds the predominant legislative authority, particularly during exceptional situations like national emergencies. The concept of federal supremacy is crucial for ensuring legal uniformity and resolving conflicts between laws, reinforcing the importance of central legislation in maintaining the coherence of India's governance.

Takeaways

• 📜 The Indian Constitution divides legislative powers between the center and states into three main categories: legislative, administrative, and financial relations.
• ⚖️ Articles 245 to 255 govern Center-State legislative relations, while Articles 256 to 263 cover administrative relations.
• 💰 Financial relations between the center and states are managed under Articles 268 to 293.
• 🏛️ The legislative powers are divided based on territory and subject matter, as outlined in Article 245.
• 📋 The Union List includes 98 subjects for exclusive central legislation, focusing on national importance.
• 🌍 The State List comprises approximately 59 subjects, allowing for regional and local legislative power.
• ⚖️ The Concurrent List has 52 subjects where both Parliament and state legislatures can enact laws.
• 📚 If there is a conflict between laws from the Union and State Lists, the Union law prevails, especially in the Concurrent List.
• 🛠️ Certain exceptional situations allow Parliament to legislate on State List subjects, such as during a national emergency or with state consent.
• 🏛️ The principle of federal supremacy is crucial for maintaining harmony between Union and State laws, preventing conflicting laws from both entities.

Q & A

What are the three categories of relations between the center and the states in India?

The three categories are Center-State Legislative relations, Center-State Administrative relations, and Center-State Financial relations.

Which articles in the Indian Constitution deal with Center-State Legislative relations?

Articles 245 to 255 in Part 11 of the Indian Constitution deal with Center-State Legislative relations.

How does Article 245 define the territorial powers of the respective governments?

Article 245 states that the Parliament can make laws for the whole or any part of the territory of India, including the states and union territories, whereas state laws are limited to the territory of the state.

What is the significance of the doctrine of territorial nexus in state legislation?

The doctrine of territorial nexus allows a state to enact laws if there is a sufficient connection between persons, things, or events outside the state and the state territory.

What are the three lists mentioned in the Seventh Schedule of the Indian Constitution?

The three lists are the Union List, State List, and Concurrent List, which categorize subjects for legislation.

What does the Union List consist of?

The Union List consists of around 98 subjects of national importance, where only the central government can legislate.

What happens in case of a conflict between state law and parliamentary law?

According to Article 254, if there is a conflict between laws made by Parliament and state legislatures in the Concurrent List, the parliamentary law prevails.

Under what circumstances can Parliament legislate on subjects in the State List?

Parliament can legislate on State List subjects during a National Emergency, if the Rajya Sabha passes a resolution, or if two or more states request it.

What does Article 248 state about residuary powers?

Article 248 provides that any subject not enumerated in the three lists falls under residuary powers, which are vested in Parliament.

What is meant by federal supremacy in the context of the Indian Constitution?

Federal supremacy refers to the hierarchy established by the Constitution that ensures the central government has the upper hand in legislative powers, preventing conflicts between state and central laws.