Though the Indian Constitution provides a clear division of legislative powers between the Union and states with each being supreme in the spheres allowed to them, this division is tilted towards the Union. In this context, discuss the powers of the Parliament to legislate on subjects in the State List.
Introduction
Though the Indian Constitution provides a clear division of legislative powers between the Union and states with each being supreme in the spheres allowed to them, this division is tilted towards the Union. In this context, discuss the powers of the Parliament to legislate on subjects in the State List.
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Main Body
Indian federalism is described to be guard federal with unitary bias Division of Power: 7th schedule - State List, Centre List, Concurrent list Among the three list, the central list has maximum number of entries Even in concurrent list, central law prevails over state law
More important subjects like Telecom Railway allocated to centre. Residuary power with centre in the constitution. Powers of Parliament to legislate state subjects: (1) Article 249 - Empowers Rajya Sabha to ask parliament to make law on state subject in national interest (2) Article 250 - During national emergency concurrent legislating power of parliament in state list subjects (3) Article 252 - When two or more state suggest centre
Conclusion
Regionalism, experience of partition & views reason for such purely state provision and features in Indian constitution such as to ensure security and sovereignty of nation as a whole
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Diagram
Division of Power - 7th schedule with State List, Centre List, and Concurrent list branches
Pakshal
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Union and State Functions
Division of Legisl Powers - Centre vs State
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Paragraphs
descriptive
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