More power to Centre

Territorial extent of Centre and State legislation

Parliament empowered to make extra territorial laws
Exceptional cases where Parliament laws is not applicable to some territories

In case of 4 UTs, A&N, Lak, D&D, D&NH , Parliament laws may not be made applicable/amended if President so decides
In case of Scheduled areas, Governor may make Parliament laws not applicable/amended
In case of Tribal areas,

For Meghalaya, Tripura, Mizoran, Governor may make Parliament laws not applicable/amended
For Assam, President may make Parliament laws not applicable/amended

Distribution of legislative subjects

Seventh schedule

Parliament making legislation in state field

When Rajyasabha passes a resolution (in the national interest)(in force for one year and later renewal. If not renewed, expires after 6 months)

States can still make laws on same matter. But if inconsistent, parliamentary law prevails

When two or more states requested to do (Enacted act applicable only to that states. Thereafter, States cannot make laws on that subject)
To implement international agreements, Parliament can legislate on state subject
During National Emergency (Enacted act will expire after 6 months of revocation of National Emergency)

States can still make laws on same matter. But if consistent, parliamentary law prevails

During President rule in a state (Enacted act will not expire even after President rule is revoked. Of course state can modify it)
For some subjects of State list that are specified in Article 35, Parliament has power to make laws Ex: Restriction of FR to police forces

For some subjects, Parliament has exclusive power and for other in Article 35, it has concurrent power

Control over State legislature

Control over state legislature by making bills reserved for President

Bills on certain matters require previous sanction of president for its introduction in state legislature

Ex: Restrictions on freedom of trade and commerce

Subjects

Centre List	State List	Concurrent List
	Local Govts Cooperative Societies	Electricity, Wind Energy
Inter-State rivers by law1 Regulation and development of water	Water Sanitation	Labour
Railways	Public Order Police, Prison	Personal Law. Criminal Law, Civil Law Transport
Major Ports		Non Major Ports
Marine Shipping		Inland Shipping
Film Certification	Agriculture, Agricultural Marketing, Agricultural indebtedness Agricultural income	Contract Farming Trade and commerce of agricultural produce, including “foodstuffs”, ttle fodder” and “raw cotton
Fisheries beyond territorial waters	Fisheries, forest non-tax revenue	Forests, Protection of wild life and birds
Insurance	Health & Hospitals, Sanitation	Education
SC & HC		Administration of Justice Constitution of all courts except SC and HC
Lotteries even by states	Gambling	Chit funds
	Land	Contracts and Transfer of Property
Currency, Coinage, legal tender Foreign exchange		Insolvency and Bankruptcy Trust and Trustees
Census		Economic and Social Planning, Population control
Patents
Preventive detention w.r.t defence, foreign affairs, security		Preventive Detention
	Agricultural income, Capitation Tax, Tolls
Posts, Telegraphs, telephones, wireless, broadcasting, and other like forms of communication		Language
Establishment of standards of weights and measures		Weights and Measures
Opium		Trade Unions Religious and Charitable institutions
		Price control

Three lists does not have an explicit entry on disaster management.

Water generally is a State subject. However Constitution provided a special provision in Entry 56 of Union List as below

56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.

which means that Parliament by law can declare and take control of inter-state rivers and river valleys. But so far, Only River Boards Act 1956 has been enacted but even that act has not been used to constitute any river board so far.

Preventive detention is in Concurrent List. However Parliament has exclusive authority of preventive detention laws on subjects like defence, foreign affairs and security of India

Doctrine of "occupied field"

(how laws on concurrent list subjects resolved now)

Article 254(1) of the Constitution - if there exists a Central law on a concurrent subject, then a State law cannot override it.

However, Article 254(2) provides that if a State law receives presidential assent after due consideration, then it can apply in contravention to the Central law in that particular State

Spirit behind Article 254(2): It was intended t o bring in changes to Central laws if there was a genuine hurdle in implementing them in a particular State due to challenges peculiar to that region.

Mutual delegation

In legislative aspects, mutual delegation not provided. Finite separation

Center cannot delegate its responsibility of legislating to a state while only one state cannot request Parliament to legislate (two or more states together can delate its responsibility of legislating in a state subject)

In Executive aspects, mutual delegation provided conditionally/unconditionally

Agreement

President may with the consent of State Govt may delegate Central executive action to a particular state if necessary

Governor may with the consent of Central Govt may delegate State executive action if necessary.

Irrespective (unconditional)

Parliament with/without consent of State Govt may delegate Central executive action to a particular state
State legislatures cannot delegate vice versa.

Part 11 - Central State & Inter State Relations