DISTRIBUTION OF POWER BETWEEN CENTRE AND STATE (ARTICLE 245-255) SCHEDULE VII5 min read

By- Kiran Choubey

INTRODUCTION

As we know that our constitution provides India as a UNION OF STATES but though it provides our government a federal system but this does not mean that central and state are the independent units. There are two governments in India mainly central and state government, they both exercise different powers, and also their territorial jurisdiction is different. We can say that central has more power than state government and this distribution has been also done by our constitution. There are various powers of the government and they are LEGISLATIVE RELATIONS, ADMINISTRATIVE RELATIONS, AND FINANCIAL RELATIONS. LEGISLATIVE RELATIONS are basically the law-making power of the government which is divided into state and central. But the questions come in mind that our Indian Constitution works as a unitary feature which means India is a Union of states but at times during emergency it becomes federal constitution. Our legislative distribution is the most important aspect between the central and state distribution. Then it further deals with the territorial jurisdiction and subject matter jurisdiction. Then we will discuss that how much jurisdiction state government and central government have, then the distribution of legislative subjects, parliamentary legislation in the state field, center’s control over state legislation.

ARTICLE 245

In this article we will discuss how much power parliament has for India. We can say that Parliament has more powers to exercise with whether to control the whole of India or any part of the territory of India. Not only this, but Parliament has extraterritorial legislation also means it has the power to control outside India also. This extraterritorial jurisdiction is applicable to any Indian citizen outside the world or their property. But as compared to the state, states do not have any such extra power rather they have the authority only within the state. State can have the power on any part of the state or whole and it is not applicable outside the state.

But in article 245, there are some restrictions on the jurisdiction of Parliament. Here the president makes the rule for four Union Territories where parliament does not have any power they are ANDAMAN AND NICOBAR ISLANDS, LAKSHADWEEP ISLANDS, DADRA AND NAGAR HAVELI AND DAMAN AND DIU and also the act of parliament does not apply to tribal areas namely MEGHALAYA, TRIPURA, AND MIZORAM. If any act of parliament is being applied in the scheduled areas in the state then it should be applied with suitable modifications.

READ ALSO: RULE OF LAW AND SEPERATION OF POWER IN INDIA




ARTICLE 246

SEVENTH SCHEDULE:

NOW I AM GOING TO CLASSIFY THE LISTS IN SEVENTH SCHEDULE:-

LIST- I (the union list) – IN THIS LIST ORIGINALLY THERE WERE 97 SUBJECTS BUT NOW THERE ARE 100 SUBJECTS – UNION LIST IS UNDER THE PARLIAMENT

LIST- II (THE STATE LIST) – ORIGINALLY IN THIS SUBJECT THERE WERE 66 SUBJECTS BUT NOW IT HAS BEEN REDUCED TO 61 SUBJECTS – STATE LIST IS UNDER STATE LEGISLATURE

LIST- III (THE CONCURRENT LIST) – ORIGINALLY IT HAD 47 SUBJECTS BUT NOW 52 SUBJECTS- THIS LIST IS UNDER PARLIAMENT AND STATE LEGISLATURE.

As it is generally known that the central law prevails over state law. In one condition only the state law can prevail if it has received the assent from the president, then the state law can prevail.

RAJYA SABHA, can make laws on the matter related to the state list. The RAJYA SABHA made laws are in effect until six months after that it expires.

PARLIAMENT in case of national emergency can make laws in any subject in the matter of state list because the central laws can prevail over state law. Another point which is noted here that when two or more states make a request to the parliament for making the laws for the matter related to the state list then parliament makes the laws and can be amended or repealed only by the parliament.

Till then we have seen the parliament and presidents rule over the state, now let us see the center’s control over the state:

The governor can reserve certain types of Bill’s which have been passed by the state legislature for giving the consideration of the president. Also, the president can direct the state to reserve money Bill’s and other financial bills which have been passed by the state legislature for his consideration during financial emergency.

CASE LAWS

STATE PF WEST BENGAL V UNION OF INDIA:

In this case, the justice of Supreme court held that the Indian constitution is basically federal but it’s not so and in another case named SR BOMMAI V UNION OF INDIA: Indian constitution is a federal constitution because part of it deals with under three heads namely, LEGISLATIVE, ADMINISTRATIVE AND FINANCIAL RELATIONS.

CONCLUSION

In the above content, ARTICLE 245 AND 246 provides the distribution of power between the central and the state government. It is divided based on the scheme: federal, provincial, and concurrent. But at the time of emergency, the union has all the powers unhand and union powers are broad than the state power. Our Indian constitution is a unitary one and it is not federal but in some emergency situation the constitution becomes a federal one. The central government has the right to exercise his powers outside India also means it has extra-territorial jurisdictions but the state does not have any such power. State has the limit only within the state or any part of the state, but central can cover the matter of the state also if it is required.




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