Discuss the legislative powers of the Union and States as provided in the Constitution on the basis of subjects and territory.
The Indian Constitution establishes a federal system with a clear division of legislative powers between the Union (Central) government and the State governments. This division is primarily based on two criteria: subjects (what they can legislate on) and territory (where their laws apply).
I. Division of Legislative Powers Based on Subjects: The Seventh Schedule of the Constitution contains three lists that enumerate the subjects on which the Union and State legislatures can make laws:
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Union List (List I):
- Exclusive Power of Parliament: Parliament has the exclusive power to make laws with respect to any of the 97 subjects (originally 97, now 100 entries) enumerated in this list. These subjects are of national importance, requiring uniform legislation across the country.
- Examples: Defence, foreign affairs, atomic energy, railways, banking, currency, customs duties, inter-state trade and commerce, citizenship, posts and telegraphs, census, Union taxes.
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State List (List II):
- Exclusive Power of State Legislatures: State legislatures have the exclusive power to make laws with respect to any of the 61 subjects (originally 66, now 61 entries) enumerated in this list. These subjects are primarily of local or regional importance.
- Examples: Public order, police, public health and sanitation, agriculture, local government, prisons, land, intoxicating liquors, fisheries, State taxes (e.g., land revenue, sales tax).
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Concurrent List (List III):
- Concurrent Power: Both Parliament and State Legislatures can make laws with respect to any of the 52 subjects (originally 47, now 52 entries) enumerated in this list. This list covers matters where uniformity is desirable but not essential, allowing for state-specific variations.
- Examples: Criminal law and procedure, civil procedure, marriage and divorce, education, forests, trade unions, electricity, drugs, economic and social planning, population control and family planning.
- Principle of Repugnancy: In case of a conflict or repugnancy between a Union law and a State law on a subject in the Concurrent List, the Union law prevails. However, if a State law on a Concurrent List subject has been reserved for the consideration of the President and has received his assent, then the State law prevails in that State, but Parliament can still enact a law overriding it.
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Residuary Powers (Article 248):
- Parliament has the exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This ensures that no subject is left uncovered and provides flexibility for unforeseen matters (e.g., cyber laws).
II. Division of Legislative Powers Based on Territory (Article 245):
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Parliament's Territorial Jurisdiction:
- Parliament can make laws for the whole or any part of the territory of India.
- Extra-territorial Operation: Parliament's laws can also have extra-territorial operation, meaning they can apply to Indian citizens and their property anywhere in the world. This is crucial for matters like foreign affairs, defense, and international trade.
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State Legislature's Territorial Jurisdiction:
- A State Legislature can make laws for the whole or any part of the State concerned.
- Limited Territoriality: Generally, a State law is not applicable outside the boundaries of that State. For a State law to have extra-territorial operation, there must be a sufficient nexus between the State and the subject matter of the law.
Exceptions and Special Provisions:
- President's Power to Make Regulations: The President can make regulations for the peace, progress, and good government of Union Territories (e.g., Andaman & Nicobar Islands, Lakshadweep). These regulations have the same force and effect as an Act of Parliament.
- Governor's Power in Scheduled Areas: The Governor of a State can direct that an Act of Parliament or a State Legislature shall not apply to a Scheduled Area in the State, or shall apply with specified modifications and exceptions.
- Special Status for Certain States: Historically, Article 370 provided special status to Jammu & Kashmir, limiting Parliament's legislative powers over the state. While Article 370 has been abrogated, other special provisions exist for states like Nagaland, Assam, Manipur, etc., under Article 371, which can affect the application of central laws.
This intricate division of legislative powers is designed to maintain the federal character of the Indian polity, ensuring both national unity and regional autonomy, while providing mechanisms to resolve potential conflicts.