(Sample Material) UPSC IAS Mains GS Online Coaching : Paper 2 - "Functions and responsibilities of the Union and the States"

Sample Material of Our IAS Mains GS Online Coaching Programme

Subject: General Studies (Paper 2 - Governance, Constitution, Polity, Social Justice and International relations)

Topic: Functions and responsibilities of the Union and the States

Functions and responsibilities of the Union and the States

Article 1 of our Constitution describes India as a “Union of States”. It is the Union of India which is the basis of our nationality....States are but limbs of the Union, and while we recognize that the limbs must be healthy and strong...it is the strength and stability of the Union and its capacity to develop and evolve that should be the governing consideration of all changes in the country.

LEGISLATIVE RELATIONS

Article 245 to 255 contain a charter of the distribution of legislative powers between the Union and the States. Parliament may make laws for the whole or any part of India.

The Legislature of a State may make laws for the whole or any part of the State. Any State law would be void if it has extra territorial operation unless sufficient nexus can be shown to exist between the object and the State. Laws made by Parliament, however, cannot be questioned on grounds of extra territorial operation (article 245). The Seventh Schedule to the Constitution embodies three lists, viz. the Union List, the State List and the Concurrent List consisting of 97,66 and 47 items respectively. Even after the changes in the Schedule brought about by Constitution Amendment Acts, the numbers of entries in the three lists have remained the same. Where some entry in full or in part is omitted (e.v. entry 33 in the Union List), the omission has been indicated by putting stars (***) and indicating in the footnote the name and number of the relevant Amendment Act. Similarly, where a new entry is added, it is given a supplementary number by alphabets A, B, C, etc. e.g. entry 2A in the Union List. Amendments in the three lists have been effected by the third, sixth, seventh, fifteenth, thirty-second, forty-second and forty-sixth amendments. But, the most far reaching changes were made by the seventh and the forty-second amendments.

Article 246 lays down that the Union Parliament would have exclusive jurisdiction to make laws in regard to items in the Union List, the State Legislature would have exclusive power to make laws in respect of items in the State List and both the Union and State Legislatures could legislate in the area of items included in the Concurrent List. In case of any inconsistency between laws made by Parliament and those made by the Legislature of a State in respect of items in the Concurrent List, the Union law shall prevail and the State law shall be void to the extent of inconsistency except where a State law is reserved for the consideration of the President and receives his assent (article 254). In the three fold distribution of legislative powers, residuary powers of legislation have been left with the Union (article 248). Also, Parliament has been given the power to make any law for the whole or any part of the country to give effect to any international treaty, agreement, convention or decision (article 253).

The Union List consists of subjects which are of common interest to the Union and with respect to which uniformity of legislation throughout the Union is essential. Subjects which allow for diversity of interest and treatment are included in the State List and matters in which uniformity of legislation throughout the Union is desirable but not essential are included in the concurrent List.

Although the States are given exclusive powers over the subjects in the State List, there are two exceptions to this general rule. Under article 249, if the Rajya Sabha declares by a Resolution supported by two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, Parliament is competent to make laws on that matter for the whole or any part of India. Such a resolution remains valid for a year; it can be extended by another year by a subsequent resolution. Any law passed under this provision would cease to be in force within six months after the end of the year. Again under article 250, Parliament is empowered to make laws on any item included in the State List for the whole or any part of India while a Proclamation of Emergency is in operation. The maximum duration of validity of such laws will be six months after the expiry of the Emergency.

In case of inconsistency between laws made by Parliament under articles 249 and 250 and laws made by State Legislatures, the law made by Parliament shall prevail and the State law shall be inoperative to the extent of repugnancy while the law made by Parliament remains in effect (article 251). Under the Doctrine of Pith and Substance, any jurisdictional conflict between the Union and the State/ s in regard to their legislative competence can be settled by the court ascertaining the substance of the matter relating to an item in one list or the other. According to article 252, two or more State Legislatures by passing a resolution may ask Parliament to make laws on any matter in the State List. Such laws can be extended to other States provided the concerned State Legislatures pass resolutions to that effect.

ENLARGEMENT OF THE LEGISLATIVE POWERS OF THE UNION

What has been considered above is an account of the distribution of Legislative powers in normal times. The Constitution envisages circumstances which may not be normal. In order to meet these extraordinary situations the scheme of distribution of powers automatically becomes modified. The powers of the Union get enlarged. The enlargement may also be (a) based on consent of the States or (b) founded on a resolution of the Rajya Sabha or (c) for implementing a treaty.

BY CONSENT

Under Art. 252 two or more States may pass resolutions requesting Parliament to make laws on a subject which is not included in the Union list. The Parliament may then enact a law for regulating the matter. The Act so passed shall apply to the States which passed the resolution. It will also apply to those States which adopt it by resolution. Examples of Acts passed under 252 are: The Wild Life (Protection) Act, 1972; The Urban Land (Ceiling and Regulation) Act, 1976, The Transplantation of Human Organs Act, 1994.

BY RESOLUTION OF RAJYA SABHA

Article 249 empowers the Parliament to undertake legislation in respect of any matter enumerated in the State List. This power may be used for a temporary period. The Parliament assumes the power when the Rajya Sabha resolves by a 2/3rd majority that such legislation is necessary or expedient in the national interest. The resolution remains in force for such period not exceeding on year as may be specified. Resolutions may be passed again to extend the period. Such extension may be for not more than 1 year at a time. The Act ceases to be in force on the expiration of 6 months after the resolution has ceased to be in force.

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