FEATURES OF LEGISLATIVE RELATIONS

Distribution of Powers

The Seventh Schedule of the Constitution of India lays down three lists to define legislative powers of the government of the Union and the governments of the States which is as follows:

Union List - This list mentions topics on which the Parliament alone can make laws. Some of the prominent features include matters pertaining to defense, foreign affairs, atomic energy and railways.

State List - Under this list state will make law. These are subjects listed which lie within the jurisdiction of the state assemblies. It includes: public health, agriculture.

Concurrent List - It includes those topics, on which both Parliament and State Legislatures are allowed to make laws. Examples of such lists contain education, marriage and divorce, and bankruptcy.

Legislative Procedure

The Parliament may enact legislations on the subjects of the Union List as well as those in the Concurrent List. If there are legislations enacted as regards a subject of the Concurrent List, both governments have legislative authority. In case of disagreement, the law of the Union would prevail.

Parliaments can enact legislation on items falling in the State List and the Concurrent List. Correspondingly to the enactment of Union law, if there is a repugnancy issue with regard to any item in the Concurrent List, the State law will be effective only if it was enacted after the Union law, which will override that part of the State law

Role of the President

The President of India is a pivot in making a legislation body. A bill passed by the State Legislature needs the assent of the President in order to attain the status of law. The President may withhold assent, return it for reconsideration (if it is not a money bill), or grant assent.

The President may, during the recess of both Houses of Parliament, make ordinances having the force of law, and states can do the same during the recess of their respective Legislatures.

Dispute Resolution

It adds provisions for settling the legislative powers disputes between the Union and States. The Supreme Court of India shall interpret the Constitution and decide such disputes.

Provisions under Indian Constitution

Article 245

The Parliament of India possesses lawmaking authority in relation to the entire territory of India, or any part of it. This infers that parliament had lawmaking jurisdiction to make legislation based on the Union List as well as the Concurrent List.

Subject to the other provisions of this Part, Parliament may make laws for the whole or any part of the state. This provision vests the legislative power with the State legislatures so that they can enact legislation in respect of subjects falling within the ambit of both the State List and the Concurrent List.

Article 245 says that laws passed by the Parliament can be applicable throughout the country or only in specific areas. Similarly, the law enacted by state legislatures can be applicable to the whole state or parts of the state. It states in detail the respective jurisdictions of both Union and State legislatures. Where the subject is enumerated in the State List, the power to make law exclusively rests with the appropriate State Legislature except on matters like national emergency or through special provisions of legislation where such power is expressly granted to the Union.

Legislative Flexibility under Article 245 allows the making of different laws for different areas of the country or state, thereby recognizing and respecting the divergence of the socio-cultural setting of India. Supreme Court has interpreted Article 245 through various judgments to explain the extent of legislative power. The Court held that the both the Union and State legislatures have power to make laws in the territories under their respective jurisdictions, provided such law is constitutionally valid and not offending the basic structure of the Constitution.

Article 246

This article deals with the distribution of legislative powers and corresponding responsibilities by the Parliament of India and State Legislatures regarding matters specified in the Union List, State List, and Concurrent List under the Seventh Schedule. It grants authority to the Parliament to enact laws on matters placed within the Union List and vests authority in the State Legislatures for legislation relating to matters that fall within the State List.

Concurrent List falls under Article 246(2), which is a list that contains subjects on which Parliament can legislate in addition to State Legislatures. If conflict arises between the legislation of a concurrent subject by Parliament and any State Legislature, the law so made by Parliament shall override the State Legislation.

States have the authority to enact legislation on matters of local administration and regional interest, allowing them to address specific local needs within the broader context of national governance. In instances where legislative jurisdictions overlap, Parliament holds supremacy over concurrent matters. Therefore, if a conflict arises between laws enacted by Parliament and those passed by a State Legislature on any concurrent issue, the law enacted by Parliament will prevail.

While this provision grants legislative powers, its scope and application are subject to judicial review, ensuring that any legislation passed by either Parliament or State Legislatures remains within the constitutional parameters set by the Constitution.

Article 246 is a key component of Indian legislation, providing a clear definition of the powers granted to both Parliament and State Legislatures. This clarity is crucial for promoting cooperative federalism. By specifying the legislative competencies of each, the article helps reduce confusion and conflicts, enabling central and state authorities to effectively tackle a wide array of issues. This approach allows governance to adapt to the diverse needs of the population, fostering a more responsive and effective system.

Article 256A

Article 246A of the Indian Constitution was enacted by the 101st Constitutional Amendment Act of 2021, which determines the division of powers and authority between Parliament and the State Legislatures with respect to the Goods and Services Tax (GST). It empowers both the Parliament and State Legislatures with the concurrent power to enact legislation related to the Goods and Services Tax (GST) applicable towards goods and services, including imports, as stipulated by the Union and State Governments. This provision effectively places GST in the Concurrent List of the Seventh Schedule of the Constitution, thus allowing both tiers of government to legislate upon this subject matter.

Coordinating structure between the Union and State governments is needed in respect of GST so that there is uniform taxation in India. It aims at removing the cascading effect of taxes and simplifying the overall tax structure. As per the provisions Parliament can impose and collect taxes on the supply of goods and services, including imports. State Legislatures are also empowered to make and collect taxes on supply of goods and services, excepting the exclusions of some specifically exempted goods.

Article 246A provides the ground for the architecture of GST that includes:

o CGST (Central Goods and Services Tax): The Central Government is the taxing authority.
o SGST (State Goods and Services Tax): Levied by State Governments.
o IGST (Integrated Goods and Services Tax): Levied on inter-state supplies, and collected by Central Government.

Article 246A is a landmark move for India's tax reform agenda that creates a unified taxation system which makes doing business easy. The efficacy of the provision would rely significantly upon sustained cooperation from the Centre and the States and skillful management of all issues arising due to compliance and administration.

Article 247

Article 247 empowers the Parliament to set up other courts for the better administration of justice in some sections or for specific purposes. This provision is particularly relevant where extant judicial mechanisms may be less effective or where there may be a need for special judicial organs in pursuit of certain legal objectives.

The Act confers on the Parliament the legislative power to enact laws in regard to the establishment and regulation of such other courts. Legislation further supports that access and administration of justice must be accessible and effective as could be determined from the complicated or specialized legal situation of the case.

It enumerates the powers of Parliament but will not bar the State legislatures to lay down courts in their respective jurisdictions. Power of setting up courts lies in the state legislatures and rests upon whatever they deem appropriate, in so far as they come under the overall arrangement of the Constitution.

Article 247 plays an important role in judicial reforms aimed at improving the efficiency and effectiveness of the Indian legal system. By allowing for the establishment of additional courts, this provision enhances citizens' access to justice, making legal remedies more available for a variety of issues. It focuses on judicial efficiency and builds a strong legal infrastructure to tackle emerging challenges.

The Constitution provides for these additional courts to help reduce the backlog in the judiciary, ensuring that delays don’t prevent justice from being served. The types of courts set up can vary based on what Parliament considers necessary, whether they’re tribunals for specific economic offenses or designated courts for particular civil matters.

Article 248

Article 248 of the Indian Constitution explains legislative authority of Parliament in regard to matters not included in the State List. These are one among those provisions very integral to the constitutional division of legislative power between the Union and the States.

Residuary Power to State Legislation Article 248 confers exclusive power upon the Parliament to enact legislation for the whole or any part of India for every matter not included in any of the three lists - State List, and Concurrent List. Hence, if a subject happens to be absent from the State List as well as the Concurrent List, then Parliament has a right to enact legislation on that subject.

Article 248 empowers Parliament to enact legislation on matters of national importance, ensuring uniformity across the country. This provision addresses concerns that may have been overlooked during the Constitution's creation, allowing for flexibility in legislation. The Supreme Court of India has interpreted Article 248 to affirm that while Parliament can legislate on subjects not listed in the State List, this authority must be exercised with caution and respect for the federal character of the Constitution. As a result, this provision reinforces the principle of a strong central government, enabling it to tackle issues of national significance and promoting consistency in legal and regulatory matters throughout the nation.

Article 249

Article 249 of the Indian Constitution enumerates and vests Parliament with law-making authority on matters falling within the State List in respect of any matter not enumerated in the Concurrent List subject to certain restrictions.

o The article grants to Parliament the right to make a law on any matter in the State List, provided such law is declared by Parliament by public motion supported with a majority in both Houses of Parliament to be necessary for the national interest.

o Such resolution must be approved by a majority of the total membership of the Rajya Sabha and also by a majority of members present and voting.

o Any law passed under the cover of this article shall come into effect for a period no longer than one year. However, such period may be extended by resolutions passed later through the Rajya Sabha.

When the Parliament passes a legislation on a subject that is covered by this Article in the State List, any law of a State with regard to that subject which is in existence shall have to yield and thus be superseded.

Effects:

- This article finds a place when the subject is such that the matter requires uniformity throughout the nation, which means the subject has implications beyond the geographical confines of a single state.

- The article is particularly applicable in the situation of an emergency when there is an urgent need for a collective response by legislature.

- It provides a framework for ensuring no state or states make laws that may possibly result in conflict with its national integrity or with the established policy of Union yet concurrently assures the voice of the states in Rajya Sabha.

Article 250: Power to Make Laws During National Emergency

Article 250 places the lawmaking power in the Parliament on matters provided for in the State List during the period of a national emergency declared under Article 352 owing to its opinion that the security of India or any part thereof is actually or apprehended attack by way of war, external aggression, or armed rebellion. It is important to note that such a proclamation shall be done by the President of India on his opinion that the security of India or any part thereof is actually or apprehended attack by way of war, external aggression, or armed rebellion. The law shall be operative throughout India. Such a law may in addition extend to any particular or particular states to which it may apply according to the Parliament.

Such Acts of Parliament as are enacted during the period of emergency shall continue to operate during the whole period of the emergency. On the lapse of the emergency, they would be operative only if they are re-enacted by the concerned state legislatures or if they fall under the Concurrent List. The legislative power of the state legislatures are suspended in a national emergency.

The role of this provision is to provide for the readiness of the central government, when necessary, to take such measures required to safeguard the integrity of the nation and security, which would otherwise require moving through the legislative procedures of state assemblies without delay. Article 250 delicate balance between the federal and unitary form of governance in India. It gives the necessary enabling legislation at times of national crisis but also safeguards the structure of state autonomy when normalcy returns to the fray. It also brings to the fore the importance of prompt action by the state in times of emergencies so that constitutional balance is not vitiated.

Article 251

The Article outlines the relationship between the Parliament of India and the State Legislatures regarding laws on subjects in the Concurrent List. The Indian Constitution establishes a federal structure that clearly delineates the division of powers between the Centre (Parliament) and the states (State Legislatures). The subjects on which both levels of government have the authority to make laws are specified in the Concurrent List.

Article 251 provides that the Parliament has legislative power to enact any law on any matter included in the Concurrent List, even if there is a corresponding law by a State Legislature on the same subject. When State Legislature has enacted legislation, Parliament retains the capacity to legislate on the same subject, provided it declares such legislation necessary for implementing a particular policy.

Where the Parliament and a State Legislature both enact laws on the same matter in the Concurrent List, the law enacted by the State shall prevail within that State unless the law enacted by the Parliament has received the assent of the President. It is a law made by Parliament declared to be superior if it deals with the matter of national importance which ought to be uniform throughout the states.

It aims to balance state autonomy with the need for uniform legislation on matters of significant importance, which may require central intervention. This provision includes mechanisms for resolving conflicts between central and state laws, empowering Parliament in matters of national importance. It provides the Centre with a means to implement its policies, particularly when state laws may vary.

This article is a key provision for strengthening cooperative governance in India. It establishes a harmonious relationship between Parliament and State Legislatures, addressing the complexities that arise from concurrent legislative powers.

Article 252: legislature power for two or more states with their consent

The Indian Constitution grants the Parliament the authority to enact legislation provided the states are willing. It bestows legislative competence on the Parliament in respect of matters dealt with under the State List, enumerated in the Seventh Schedule, but only when two or more states recommend such legislation.

Procedure:

For Parliament to exercise its legislative power under this article it shall be necessary that two or more states agree or adopt resolutions to recommend Parliament to enact law on some subject.

Within thirty days from the date of adoption of such a resolution, Parliament is authorized to take up legislation concerning the subject matter in issue.

All the laws so made by Parliament under Article 252 shall be effective only in relation to the States which have given their assent in the form of said resolutions. The states which are not a party to the legislative request are under no compulsion of the central legislation in as much as they may enact their legislation relating to the same subject.

If Parliament passes a resolution for this section, the failure of a state to participate in such resolution shall enable it to pass the Central Law at any subsequent time. However, any such state, deciding to enforce the Central Law shall have to make resolution or enact law with regard to the same so that it could come into operation in its own province.

This provision can only be activated by Parliament with the consent of the participating states, and it becomes valid for other states once enacted. The law enacted under this article is strictly limited to the consenting states and does not automatically apply to others. It reflects the principle of cooperative federalism within the Indian Constitution, facilitating joint legislative efforts at both the Centre and the states on matters of common interest.

This provision allows Parliament to legislate on state subjects, provided it has the consent of a specified number of states, thereby promoting a cooperative federal structure and fostering an understanding of the need for uniform legislation in areas of shared interest.

Article 253

Article 253 of the Constitution of India provides the power to Parliament with regard to international treaties and agreements. Parliament has the power to make laws for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with other countries or for any matters connected therewith. Legislative Powers grants the exclusive power of Parliament to make laws for the whole or any part of India for giving effect to any international agreement or treaty. This provision allows the central government to maintain uniformity in legal standards pertaining to international obligations.

According to this provision, any law made by the Parliament under Article 253 will override the existing state laws on the particular subject matter. This is because India has a treaty to honour but cannot be disobliged by a valid law pertaining to its constitution. Article 253 itself has very wide scope, not only embracing treaties but all agreements and conventions with foreign countries. It tends to give very comprehensive authority to India so that its internal legal system can be put in a proper perspective for keeping pace with the international standard.

Article 253 forms one of the more important components through which India's foreign policy and the country's relationship with the international system takes shape. It allows the government to make necessary domestic measures to comply with its international commitments in an effective way, thus avoiding prolonged negotiations at the state level. This article highlights the importance of international law within the Indian constitutional scheme and goes a long way in augmenting the ability of this country to discharge its international obligations without compromising legislative supremacy at the national level.

Article 254

Article 254 of the Indian Constitution brought the aspect of interaction of Parliament enacted laws with that of the State Legislatures enacted one especially in instances where both deal with the same thing under the Concurrent List. The Concurrent List contains subjects on which both Parliament and State Legislatures have the power to enact laws. The article provides that where the subject-matter of any Central law and of any provision contained in that law is also dealt with in the Concurrent List, there, anything in the provisions contained in Part II of the Fourth Schedule to this Constitution being inconsistent with that Central law, that law shall prevail in relation to that subject-matter. Therefore, central legislation prevails over state legislation in controversies.

A State law shall override the Central law with which it may be in conflict if this State law has secured assent from the President of India. This provides States with a form of legislative autonomy and flexibility upon the achievement of required presidential approval. Only with explicit presidential assent can a State law override a Central law where both are in conflict. The safety of such a provision is that such laws are not enacted in a discriminatory or arbitral manner.

It stresses that there should be clarity regarding legislative intent. Even when a Central enactment and a State enactment coexist, the Central enactment applies, except when assent by the President specifically validates the State enactment.

Article 254 is a power-balancing article that preserves power with the centre on critical issues simultaneously allowing states to address localized needs effectively. It provides a hierarchical structure through which legislation conflicts are resolved, which structures general and special legislation, and increases legal clarity. It is therefore, the foundation of the constitutional structure of India, bringing out a balance between the claims of State sovereignty and an integrated national legal system.

Article 255

Article 255 of the Indian Constitution is one of the constitutional provisions that form part of the division of powers and functions at the Centre and the States. In this provision, specific previous consent must be received from State legislatures before Parliament can make laws that would involve direct interference with the States.

It applies to Commonwealth legislation enacted by Parliament that is intended to operate within the States. It creates a requirement so that certain laws cannot be brought into effect without the approval or consent of the appropriate State legislature. This article mainly applies to laws that attempt to impose themselves on the legislative powers of the States or add burdens on the States. In case Parliament enacted a statute without obtaining the consent that it required from the State legislature, such statute will still be technically enacted. But the law within the State will only be enforced if the state gave its nod.

It helps strengthen the federal nature of the Constitution, protects the reservation and respect for State powers, in effect, empowering them. It is essential for the development of a cooperative relationship between the Union and the States.