Centre State Legislative Relations – UPSC Notes

Centre-State relations is very important topic in UPSC point of view. It may be considered as a backbone of the UPSC exam. It will boost your thinking capacity and answer writing capacity. It is very important to read every line of this centre state relations and memorize it carefully. Here I have tried to make it easier for you to memorise it. I have also tried to connect points from one topic to another. So, that your concepts get clarified. I have preferred M. Laxmikant and tried to arrange the points and recommendations in organised way so that can be memorised easily. Please read it 2-3 times and try to analyse as well. My notes are in italic.

The centre state relations can be broadly categorised under three heads i.e. Legislative relations, Administrative relations and Financial relations. Further, there is four aspects of centre state legislative relations.

  • Territorial extent of central and state legislation.
  • Distribution of legislative subjects
  • Parliamentary legislation in the state field
  • Centre’s control over state legislation

1.Territorial extent of central and state legislation

Territorial extent means where will the law made by parliament will prevail and where will the law of state legislature will prevail.

(i) The Parliament can make laws for the whole or any part of the territory of India. The territory of India includes the states, the UTs, and any other area for the time being included in the territory of India.

(ii) A state legislature can make laws for the whole or any part of the state. The laws made by a state legislature are not applicable outside the state, except when there is a suffcient nexus between the state and the object.

(iii) The parliament alone can make ‘extre-territorial legislation’. Thus, the laws of the Parliament are also applicable to the Indian citizens and their property in any part of the world.

Now, there are also certain exemptions of plenary jurisdictions of the parliament. Please always read the exemptions. It is the interested topic for UPSC exams.

In other words, the laws made by parliament will not prevail in the following areas:

  • The Four UTs i.e. Andaman and Nicobar Islands, Lakshwadweep, Dadra and Nagar Haveli and Daman and Diu. The President can make rules for the peace, progress and good governance of these four UTs. The regulations so made will have the effect as an act of parliament.
  • The governor is empowered to direct that an act of Parliament doesn’t apply to a Scheduled area in the state or apply with specified modifications and exceptions

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State. There are presently 10 States in 5th schedule. Now, how to remember these 10 states. Here is a way. Many of them passes through tropic of cancer. Means they are in central India. and as the name suggests, scheduled area, scheduled tribes. It is self understanding that they have more tribal areas.
Now names from west to east are as: Rajassthan, Gujrat, Maharashtra, Madhya Pradesh, Chhattisgarh, Odisha, Jharkhand.These are seven. Now come slightly lower, Andhra Pradesh and Telangana. Both were once one state. And the last one is Himachal Pradesh.

  • The Governor of Assam may likewise direct that an act of Parliament does not apply to tribal area in the state or apply with specidied modifications and exceptions.s The President enjoys the same power with respect to tribal areas in Meghalaya, Tripura and Mizoram.

These four states come under the 6th Schedule of the constitution

Now we have completed the first part of Centre state legislative relations.

2. Distribution of Legislative Subjects

Under the constitution, there are three lists of subjects, which are mentioned in Seventh Schedule namely Union list, State list, Concurrent list. On the union list, only parliament can make laws, on the subject list only state legislature can make laws and on concurrent list, both can make laws. So, this is the distribution of subjects for legislative purposes between the centre and the state. There are 100 subjects in Union List, 61 subjects in State list and 52 subjects in Concurrent list. Now these lines are important.

“The matters of national importance and the matters which require uniformity of legislation nationawdie are included in the Union list. The matters of regional and local importance and the matters which permit diversity of interest are specidied in the State List. The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list. Thus, it permits diversity along with uniformity

3. Parliamentary Legislation in the State field

Now here comes 5 abnormal/ extraordinary circumstances, where Parliament/ centre can make laws on State subjects. So, these are the exemptions of state’s power to make laws on their subjects. Now, how to remember these 5 abnormal situations. I’m gonna tell you the easy way.
We all know, that during emergency the powers comes in the hands of centre. So, two situations are of emergency.
Rajya Sabha is a representation of states basically. When states will say to centre: “Oh centre, please make laws for us”. Then Centre will have to make laws. So, two situations are of this kind of request from states.
As you know, we are living in a globalization. So we have to abide by international laws also. So, it is the 5th one. Now let’s read in detail.

  • During National Emergency The parliament aquires the power to make laws during national emergency (Article 352). The law so made becomes inorperative on the expiration of 6 months after the emergency has cease to operate.
  • During President’s Rule The parliament aquires the power to make laws during president’s rules (Article 356). The law so made will be operative even after the President’s rule has ceased to operate. This can only be repealed or altered by the state legislature.
  • When Rajya Sabha Passes a Resolution If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the state ist, then the parliament becomes competent to make laws on that matter. Such a resolution must be supported by 2/3rd of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.
  • When States make a Request When the legislature of two or more states pass resolution requesting the parliament to enact laws on a matter in the state list, the parliament can make laws for regulating that matter. On the other hand, it should be noted here that, when the states pass such resolution, it surrenders its powers of making law on that subject for always.
  • To implement International Agreements The Parliament can make laws on any matter in the state list for implementing the international treaties, agreements or conventions.

4. Centre’s Control Over State Legislation

There are certain types of bills which require the permission of the President. And you know president works on the aid and advice of council of ministers (Article 74). So, in short, the permission of the centre is required to pass these bills.

(i) The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The president enjoys absolute veto over them.

The President has three types of veto powers with regard to a bill viz. Absolute veto, Suspensive veto and Pocket veto. Please read these vetro powers of the President and compare it with the powers of American president.

(ii) Bill on certain matters enumerated in the State List can be introduced in the state legislature only with the previous sanction of the president.

(iii) The President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during ‘Financial Emergency’

Financial emergency has never been proclaimed in India.

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