Legislative Relation under Center State Relations: A Comprehensive Guide

Introduction

If we discuss about the Legislative Relation under Center State Relations, then article 245 to 255 of part eleven of Indian Constitution have provisions related to it. Legislative Relation have a deep value for the Center State Relations in India, and this is why in government / competitive exams, some questions might come for us relisted to it.

This is why, in this article, we have mentioned almost everything about the Legislative Relation under Center State Relations in detail.

So, let's start-

Legislative Relation Under Center State Relations

The legislative relations between the central and state governments are an important aspect of the center-state relations in India. Under the Indian Constitution, there are three lists of subjects that outline the legislative powers of the central and state governments:

Union List

This list includes subjects that are under the exclusive jurisdiction of the central government, such as defense, foreign affairs, banking, and currency.

State List

This list includes subjects that are under the exclusive jurisdiction of the state governments, such as public health, agriculture, law and order, and local government.

Concurrent List

This list includes subjects that are under the jurisdiction of both the central and state governments, such as education, environment, labor, and social welfare.

In case of any conflict or inconsistency between central and state laws on a concurrent list subject, the central law prevails. However, if a state law on a concurrent list subject is inconsistent with a central law, the state law is void to the extent of the inconsistency.

The central government can also legislate on state subjects in certain circumstances, such as if a state requests it or if the President declares a state of emergency due to a threat to national security or financial stability.

Territorial Extent of Central and State Legislation

The territorial extent of Central and state legislation refers to the geographical area within which a particular law applies. Central legislation applies to the entire territory of India, while state legislation applies only within the boundaries of that particular state.

In certain cases, the Central government can extend the applicability of its laws to the states, particularly in matters of national security or interstate trade. In case of a conflict between a Central law and a state law, the Central law prevails if it is in the subject list of the Union List or Concurrent List.

Distribution of Legislative Subjects

The distribution of legislative subjects refers to the allocation of various subjects or areas of governance to either the Central or state government for law-making purposes. In India, the Constitution provides for three lists of subjects: Union List, State List, and Concurrent List.

The Union List includes subjects that are exclusively under the jurisdiction of the Central government, such as defense, foreign affairs, banking, and currency.

The State List includes subjects that are exclusively under the jurisdiction of the state governments, such as public order, police, agriculture, and irrigation.

The Concurrent List includes subjects that are shared between the Central and state governments, such as education, healthcare, and forest conservation.

Parliamentary Legislation in The State Field

Parliamentary legislation in the state field refers to the power of the Central government to make laws on subjects that are within the jurisdiction of the state governments. In certain exceptional circumstances, such as when the Rajya Sabha passes a resolution with a two-thirds majority that it is necessary to do so in the national interest, Parliament can make laws on subjects that are exclusively under the jurisdiction of state legislatures.

The President can give his assent to such laws and they become applicable in that state, even if the state assembly does not give its consent.

Centre’s Control Over State Legislation

The Constitution provides for certain measures by which the Central government can exercise control over the legislation of state governments. These include:

• The power of the President to withhold his assent to a state law that has been passed by the state legislature and sent for his approval.
• The power of the Governor to reserve a state law for the consideration of the President if he feels that the law is in conflict with a Central law or that it is otherwise necessary to do so.
• The power of the Central government to give directions to state governments regarding the implementation of Central laws.
• The power of the Central government to declare a state law null and void if it is found to be in conflict with a Central law or if it violates the provisions of the Constitution.

FAQ's

Q1. What is the meaning of legislative relations in the context of Center-State Relations in India?

Ans: Legislative relations refer to the distribution of power to make laws between the Central and state governments in India.

Q2. Can state governments make laws on subjects that are exclusively under the jurisdiction of the Central government?

Ans: No, state governments cannot make laws on subjects that are exclusively under the jurisdiction of the Central government.

Q3. Can the Central government make laws on subjects that are exclusively under the jurisdiction of the state governments

Ans: Yes, the Central government can make laws on subjects that are exclusively under the jurisdiction of the state governments under certain circumstances, such as in the case of a national emergency or if the Rajya Sabha passes a resolution declaring it necessary in the national interest to do so.

Q4. Can the President withhold his assent to a state law that has been passed by the state legislature?

Ans: Yes, the President can withhold his assent to a state law that has been passed by the state legislature.

Q5. What happens in case of a conflict between a Central law and a state law?

Ans: In case of a conflict between a Central law and a state law, the Central law will prevail.