The center-state relationship in terms of the legislature refers to the distribution of legislative powers between the central government (Union) and the state governments in a federal system. In India, this relationship is outlined in the Constitution, which delineates the subjects on which each level of government can legislate. The legislative provisions play a crucial role in defining the powers and responsibilities of both the central and state legislatures.
Seventh Schedule:
The distribution of legislative powers is detailed in the Seventh Schedule of the Indian Constitution. It contains three lists:
- Union List: Subjects on which only the central government can legislate.
- State List: Subjects on which only state governments can legislate.
- Concurrent List: Subjects on which both the center and states can legislate.
Union List:
The Union List includes subjects of national importance and interest, such as defense, foreign affairs, atomic energy, and currency. The exclusive authority to legislate on these matters is vested in the Parliament (central legislature).
State List:
The State List includes subjects of local or regional importance, such as police, public health, agriculture, and local government. The exclusive authority to legislate on these matters is vested in the state legislatures.
Concurrent List:
The Concurrent List includes subjects on which both the center and states can legislate concurrently. However, in case of a conflict between a central law and a state law on a concurrent subject, the central law prevails.
Examples of concurrent subjects include education, bankruptcy and insolvency, marriage and divorce, and bankruptcy and insolvency.
Residuary Powers:
Any matter not mentioned in any of the three lists falls under the residuary powers, and the authority to legislate on these matters is given to the central government. This ensures that the central government has the flexibility to address emerging issues.
Amendment of Lists:
The Seventh Schedule can be amended by Parliament, but such amendments require a special majority. Changes in the distribution of legislative powers often involve careful consideration and negotiation between the center and the states.
State Assemblies’ Autonomy:
The state legislatures have significant autonomy in matters listed in the State List. They can frame laws on subjects that fall within their exclusive jurisdiction without interference from the central government.
Power of Parliament to Legislate on State Subjects:
In certain situations, the Parliament can legislate on a subject in the State List if it deems it necessary in the national interest. However, this can only be done during a proclamation of Emergency under Article 352 of the Constitution.
Special Provisions for Certain States:
The Constitution includes special provisions for states with specific needs and circumstances, such as Jammu and Kashmir and special category states like those in the northeastern region. These special provisions may modify the general distribution of legislative powers.
Coordination through Interstate Council:
The Interstate Council, as mentioned in Article 263 of the Constitution, provides a platform for cooperative action among states and between the center and states in legislative matters. It facilitates the discussion and resolution of issues affecting more than one state or the center.
Evolution of Cooperative Federalism:
Over time, the center-state relationship in terms of the legislature has evolved toward cooperative federalism. The emphasis is on collaboration and coordination between the center and states for effective governance and policy implementation.
The legislative relationship between the center and states is fundamental to the federal structure of India. It reflects the constitutional principles of federalism, ensuring a balance of powers while allowing both levels of government to legislate on matters within their respective domains. The interaction and cooperation between the Parliament and state legislatures contribute to the effective functioning of the Indian federal system.
