Distribution of Legislative Powers | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Legislative power is the authority to create, modify, and enforce laws held by government officials.
• In India, legislative powers are crucial for maintaining order and addressing regional issues.
• The Constitution divides legislative powers between the Union and the States to streamline governance.

Relationship Between the Union and the States

• The relationship is based on the division of power between these governing bodies.
• Three types of relations exist: legislative, administrative, and financial.

Legislative Relations

• Defined in Articles 245 to 255 of the Constitution.
• Illustrates how laws are created and enforced between the Union and the States.

Administrative Relations

• Described in Articles 256 to 263 of the Constitution.
• Highlights the administrative interactions between the Union and the States.

Financial Relations

• Outlined in Articles 268 to 293 of the Constitution.
• Details the financial interactions and responsibilities between the Union and the States.

Distribution of Legislative Powers

• The division of legislative powers between the Union and the States in India is structured based on the Government of India Act, 1935, which was later incorporated into the Indian Constitution. This division allocates the authority of creating laws and governing responsibilities between the Union government and the State governments.
• The Indian Constitution establishes a dual distribution of legislative powers:
  • Regarding the territory of India
  • Regarding the subject matters of legislation, categorized into three lists
• For instance, the Union List includes subjects like defense, foreign affairs, banking, while the State List covers issues such as police, public health, agriculture. Concurrent List items such as criminal law, marriage, bankruptcy can be legislated by both the Union and the States.
• By outlining these distinctions, the Constitution of India aims to ensure a clear delineation of legislative powers between the Union and the States, thereby facilitating effective governance.

Territorial Legislative Jurisdiction

• Article 245 of the Indian Constitution outlines the extent of legislative powers, allowing Parliament to create laws for all or parts of India, and State Legislatures to make laws within their respective states.
• No law passed by Parliament is deemed invalid if it has extraterritorial implications or impacts areas outside India, a key aspect of legislative power distribution in India.

Theory of Territorial Nexus

• The concept of territorial nexus has been ingrained in Indian legal principles prior to the Constitution's inception in 1950.
• Article 245 now incorporates the doctrine of territorial nexus into the distribution of legislative powers, emphasizing that State legislatures can only create laws within their territories, requiring a significant connection between the State and the subject of legislation for extraterritorial laws.

Examples of Territorial Nexus

• The case of A.H. Wadia v. CIT AIR 1947 FC 18 established that State legislatures cannot pass laws beyond their territories without a substantial connection to the subject matter.
• In Wallace Bros v. CIT, Bombay (AIR 1948 PC 118), a company registered in England was considered connected to India due to significant income derived from British India, justifying taxation within India.
• In State of Bombay v. R.M.D.C. (AIR 1957 SC 699), the State of Bombay taxed a newspaper from Bangalore circulated widely in Bombay, citing a territorial nexus based on activities predominantly occurring in Bombay.

Extra-territorial Operation of Parliamentary Law

• Extra-territorial legislation extends the reach of laws to events occurring outside the jurisdiction, as permitted by Article 245(2) for Parliament to enact laws with extraterritorial effects.
• The Supreme Court decisions in A.H. Wadia v. I.T. Commr., Bombay (AIR 1949 FC 18) and Electronics Corpn., India v. C.I.T. (AIR 1989 SC 1707) highlight the complexities of laws with extraterritorial operations, emphasizing the necessity for a nexus with India to respect international legal boundaries.

Distribution Of Legislative Subjects

• Article 246 of the Indian Constitution delineates how legislative powers are divided between the Union and the States.
• Parliament holds exclusive authority to create laws concerning subjects listed in the Union List.
• Both Parliament and State legislatures can legislate on matters listed in the Concurrent List.
• State legislatures can exclusively make laws on subjects in the State List, although the Union Parliament has more influence on legislative matters.

Autonomy of Centre and States in Legislative Powers

• The Supreme Court case of InJaved v. State of Haryana validated certain provisions of the Haryana Panchayati Raj Act, 1994.
• These provisions disqualified individuals from holding office if they had more than two living children.
• The court emphasized that the Constitution grants autonomy to both the Centre and the States within their legislative domains.
• Legislation passed by one State cannot be deemed discriminatory simply because other legislatures have not enacted similar laws.
• Comparing State laws with laws from Parliament or other State Legislatures is impermissible.
• The Supreme Court, in State of M.P. v. G.C. Mandawar, highlighted that laws from different entities cannot be compared for discriminatory purposes.

Conclusion

• The Constitution divides legislative powers between Parliament and State legislatures based on territory and subjects, assigning exclusive powers in some areas and concurrent powers in others.
• It grants autonomy to both the Centre and the States within their domains while ensuring equal treatment for all citizens, regardless of differing laws across states or actions by Parliament.
• This distribution of legislative powers maintains a balance between national unity and state autonomy.