Division of Powers: Definition and Meaning

Division of Powers is a political-cum administrative concept that has been in existence for centuries in all the nation states around the world not only in theory but also in practice with different dimensions. The concept however has developed in the most systematic manner in the 19th century and has been made an essential part of every country’s constitution and political setup.

What is the meaning of Division of Powers?

Division of Powers is basically an underlying principle of the theory of Federalism. Federalism is a system of government in which powers are divided between different levels of government, and this classification of powers is further known as the division of powers.

Primarily, the division of powers is between the federal (central) and the unit (state) governments, although in some special circumstances, there can be additional political set up as well, for example local government.

Further, the division of powers is usually prescribed by the federal constitution of the country. The constitution provides the factors and parameters for this division which includes the territorial and subject-matter jurisdictions and legislative and executive competencies along with limitations on the exercise of the respective powers.

Division of Powers in India

The division of power in the Republic of India can be traced back to ancient times, but the prevalent mode is governed by the Constitution of India. The Constitution of India prescribes and regulates the demarcation of powers, exercise of jurisdictions, and compliance with restrictions in a moderate manner through its provisions.

The power of the Union is vested in the Parliament and that of the States in their respective State Legislatures.

Part XI of the Constitution of India

Part XI of the Constitution of India contains different chapters which respectively deals with the distribution powers between the Union and the States and these are −

• Chapter I provides the distribution of legislative powers and

• Chapter II deals with administrative relations between the Union and States.

A. Article 245 – Territorial Jurisdiction of Legislative Power

The Article 245 of the Constitution enshrines that there is division of legislative powers between the Union and the States. They both can enact laws for their respective territorial jurisdiction; however, the Parliament (Union) can enact laws for the entire territory of India although states can only enact laws for their respective territories.

B. Article 246 – Subject-matter Jurisdiction of Legislative Powers

Article 246 provides that only Parliament can make decisions on the subjects which are mentioned in the Union List (List I – 97 Entries) as provided in the VII Schedule. Similarly, only the Legislatures of the states can make laws on the subjects which are mentioned in the State List (List II – 66 Entries) as provided in the VII Schedule.

However, they both can make laws on the Concurrent List (List III – 47 Entries) as provided in the VII Schedule.

List: Under the VII Schedule

The VII Schedule contain three list −

• Union List − It is the longest list of the three lists and includes those matters which are of national interest such as defense; armed forces; foreign affairs; citizenship; railways; Supreme Court and High Courts; UPSC etc.

• State List − It includes matters of local importance such as public order; police; prisons; education; SPSC; Land Revenue etc.

• Concurrent List − Its matters are those subjects on which the laws are uniform across the country though along with some territorial differentiations and it includes subjects like Personal Laws; Electricity; Newspapers; Stamp Duties; Transfer of property other than agricultural land etc.

Restrictions and Judicial Intervention

The Constitution provides a substantial demarcation of powers between the Union and State governments and they both are required to work in their respective sphere, as any kind of contravention demands judicial intervention. Although the division of powers in the Constitution shows that the Union Laws generally prevail over the state laws in exceptional circumstances, the state legislatures also can make the central law ineffective in their respective territory by receiving the assent of the President for their law afterwards.

Further, the Supreme Court of the Country has held in its landmark judgments of Kesavananda Bharati v. State of Kerala, 1973 and S. R. Bommai v. Union of India, 1992 that federalism is part of the basic structure doctrine of the Constitution.

Local-Self Government

The 73rd and 74th Constitutional (Amendment) Acts of 1973 and 1974 inserted Chapters IX and IX-A in the Constitution which granted constitutional recognition to the Panchayati Raj Systems and Municipalities in India respectively. This new addition in the political setup has been interpreted as the third tier of government and therefore the local government bodies have also been given certain kinds of legislative and executive powers in their respective spheres to operate and function effectively.

Conclusion

The division of power is part of the basic structure of the Constitution as it is essential for the entire democratic setup of the country. Moreover, the stringent constitutional provision demarcates the distribution of power in specific terms; however, it is evident with the passage of time that the provisions overlap and the Union and the State governments do intervene in each other's spheres.

Therefore, many times the Supreme Court which has the exclusive jurisdiction to deal with these matters has declared several enactment voids for contravening the constitutional mandate.

Frequently Asked Questions

Explain the role of the Sarkaria Commission in the development of Indian Federalism.

The Sarkaria Commission, under the headship of Justice. R. S. Sarkaria, was one of the most eminent central commissions, which suggested several effective suggestions and reforms for the better functioning of federalism in the Indian territories in its 1987 report on Central-State relations.

What is the source of division of powers in the Indian Constitution?

The Government of India Act, 1935 is the major source from which the provisions of the Indian Constitution relating to division of powers derive their originality.