Elucidate the distribution of legislative powers in India between centre and states in the light of articles 200, 245, 246, 356 and 357.
Published: September 24, 2017
Indian constitution provides Federal frame work between centre and states. So the constitution clearly divides legislative powers between centre and states. However, constitution gave more powers to parliament in legislative and executive spheres. Some of the articles like 200, 245, 246, 356 and 357 provide for parliamentary legislation in the state field.
- Article 200 gave the power to governor to reserve the bill for the consideration of president.
- Article 245 deals with the Extent of laws made by Parliament and by the Legislatures of States. Though this article provides legislative powers within their respective territories but it can give more power to parliament by means of extra-territorial legislation.
- Article 246 deals with the Subject matter of laws made by Parliament and by the Legislatures of States by dividing the subjects into state, union and concurrent lists. But the parliament has more power in the subjects of concurrent list.
- Article 356 defines the Provisions in case of failure of constitutional machinery in State. It makes the centre to impose president rule in the state in those situations upon receiving a report from governor.
If Article 356 is the cause then Article 357 is the impact of that cause. In terms of legislative relations, powers of state legislature is suspended and parliament can delegate the power to make laws for the state to president by using Article 356 and 357.
Model Questions Category: 036 - Separation of Powers Dispute Resolution Mechanisms