Please enable JavaScript.

Coggle requires JavaScript to display documents.

Center- State relations (Other Dimensions of Center- State relations…

- - - - Parliament ===> throughout the territory of India and territories that can be acquired in future
      - States ===> throughout the territory of the state and even outside it, when there is sufficient nexus between legislation and its object.
      - Parliament can make laws on even extra- territorial subjects
      - exceptions to parliamentary legislation
        
        President can make laws for good governance of UTs of Andaman and Nicobar, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.
        
        The Governor can stop a legislation to be operative in a scheduled area in the state or operative with certain modifications.
        
        The governor of Assam can direct that parliamentary law doesn’t apply to Autonomous Council or applies with certain modifications / President may also do the same for states of Mizoram, Tripura and Meghalaya
    - - Distribution of subjects is done via 3 lists mentioned in 7th Schedule
      - Parliament ==> Union list ==> 100 subjects ==> these subjects are of national importance and require uniform legislation.
      - States ==> States list (in normal circumstances) ==> 61 subjects ==> these subjects are of regional importance and permit diversity
      - Both union and states ==> concurrent list ==> 52 subjects ==> in these subjects, national uniformity is desirable but not essential
      - Residual subjects, which didn’t find any mention in any lists, are held with Parliament. In this regard, Indian polity follows Canadian precedents and not American structure (Also Australian) of division of subjects, where only union list has been constituted and rest all other subjects are held by states.
      - Order of precedence ==> union list >> concurrent list > state list (exception when there is conflict between union and the state regarding a matter in concurrent list such that, state law was under the consideration of the President and was subsequently assented, then, state law has higher precedence over union law but it can be overridden by Union law by successive legislation to that effect.)
    - - Reservation of certain state bills by governor for consideration of a President who exercised absolute veto over them Article 200
      - Certain bills although being mentioned in state list, can be tabled in the assembly only after prior approval of the president. Eg. certain Anti- Terror Laws of the state governments must be approved by the President before being tabled in the state assembly.
      - President can ask States to reserve certain Money and Financial bills for his consideration, during a national emergency.
    - - I) when Rajya Sabha declares that it is necessary in the national interest that parliament shall make laws on subjects mentioned in state list and passes a resolution to that effect by a special majority of 2/3 rd members present and voting. Life of this Resolution is one year and can be extended by one year at a time.The legislation ceases to be operative after six months the resolution ceases to be operative. The state legislature can also make parallel laws on the state subject in question but parliamentary legislation can override it.
      - II) During a national emergency, the parliament can make laws on any matter in state subject. The state legislature isn’t dissolved and can make laws but parliamentary laws have overriding powers. The parliamentary law ceases to operate beyond six months after the expiration of the emergency.
      - III) When two or more states pass a resolution to allow Parliament to make laws on a matter in the state list, the parliament gets entitled to make legislation on such matters, exclusively. The states can no longer make laws on such subjects. Such a law can be amended and repealed by the Parliament and not by the state legislatures. Eg. Wildlife Protection Act, 1972, Water Act,1974, Urban Land Act, 1976, Transplantation of Human Organs Act, 1994.
      - To give effect to International treaties
      - During President's rule
- - - - Ensure that state executive shapes policies in a manner that are in compliance with the laws legislated by the union government
    - - the state executive doesn't impede the union executive in functioning in the state.
  - - - With consultation and consent
        
        By President after consultation with state government
      - Without consultation and consent
        
        It is initiated/delegated by the Parliament and not the President. For the execution of any legislation by Parliament on a subject matter in Union List, the Parliament may confer functions and duties on the state executive, without latter's consent.