Center-State Relations: Legislative Aspects

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Questions and Answers

In the context of Indian federalism and legislative relations, which scenario most accurately exemplifies the application of the 'doctrine of nexus' with regard to state legislation possessing extra-territorial application?

  • A state law mandating specific educational qualifications for individuals employed in the state's government, irrespective of where the individuals obtained their degrees or prior work experience.
  • A state law regulating environmental standards of companies headquartered within the state but operating exclusively in other states, aiming to mitigate pollution originating outside its jurisdiction.
  • A state law criminalizing acts committed by its residents while they are temporarily residing in another state, specifically addressing offenses already codified in the other state's penal code.
  • A state law imposing a sales tax on goods manufactured within the state, irrespective of their destination, where the final consumer is located outside the state's boundaries but the initial sale occurs within. (correct)

Given the constitutional provisions regarding the legislative powers of the President over Union Territories, what nuanced constraint exists on the President's authority when enacting regulations that amend or repeal existing parliamentary acts applicable to these territories?

  • The regulations cannot contravene any provisions of the Constitution itself, and are potentially subject to judicial review if they do. (correct)
  • The President cannot repeal any parliamentary act that affects the fundamental rights of citizens residing in the Union Territories.
  • The President's power is constrained by the requirement that any such regulation must be preceded by a recommendation from the Lieutenant Governor of the concerned Union Territory.
  • The President's regulations are subject to ratification by a simple majority in both houses of Parliament within one year of promulgation.

Considering the distribution of legislative subjects between the Union and the States, how does the application of ejusdem generis potentially impact the interpretation of the Union List, particularly concerning emerging technologies not explicitly enumerated?

  • It subjects any Union law pertaining to unenumerated technologies to mandatory review by the Supreme Court to determine its constitutionality.
  • It permits a broad interpretation, allowing the Union to legislate on any technology that can plausibly be construed as impacting national security or interstate commerce. (correct)
  • It mandates a restrictive interpretation, limiting the Union's power only to technologies directly analogous to those existing at the time of the Constitution's enactment.
  • It delegates interpretive authority to a committee comprising representatives from both the Union and State legislatures, ensuring consensus on the scope of Union powers.

In a scenario where a state law on a subject in the Concurrent List receives presidential assent after conflicting with a pre-existing Union law, what legal principle determines the extent to which the state law can operate, especially if the Union law remains in force?

<p>The principle of 'repugnancy' will apply and the state law will prevail in that state, but the Parliament possesses the power to amend or repeal the state law at any time. (A)</p> Signup and view all the answers

Given the provisions of the 42nd Constitutional Amendment Act of 1976, which transferred several subjects from the State List to the Concurrent List, what implications arise concerning the legislative competence of states on these subjects in light of potential future parliamentary enactments?

<p>States can legislate, but parliamentary law prevails in cases of conflict, unless the state law was reserved for presidential assent before the parliamentary law was enacted. (A)</p> Signup and view all the answers

Considering the constitutional framework governing Goods and Services Tax (GST), what specific conditions must be met for Parliament to exercise exclusive legislative power over the supply of goods or services during interstate trade or commerce?

<p>The supply must result in the generation of integrated Goods and Services Tax (IGST), and the place of supply must be determined according to the Integrated Goods and Services Tax Act. (B)</p> Signup and view all the answers

In the context of legislative lists in the Indian Constitution, how does the principle of 'federal supremacy' operate when a subject matter arguably falls within both the Union List and the Concurrent List, potentially leading to legislative overlap or conflict?

<p>The Union List prevails over both the Concurrent and State Lists. (D)</p> Signup and view all the answers

Considering the constitutional provisions that allow Parliament to legislate on State List subjects under specific circumstances, what is the most accurate interpretation of the temporal limitations imposed on laws enacted by Parliament during a national emergency?

<p>Such laws cease to have effect six months after the emergency ends, except for provisions that have already been acted upon or implemented, which remain valid. (B)</p> Signup and view all the answers

Under what specific condition can a state legislature amend or repeal a law enacted by Parliament concerning a subject in the State List, when such parliamentary law was enacted upon the request of two or more states?

<p>The state legislatures cannot amend or repeal the law; this is the exclusive domain of the Parliament. (D)</p> Signup and view all the answers

In the context of Article 200 and 201 of the Indian Constitution, which delineate the Governor's power to reserve state bills for the President's consideration, what is the legal implication if the President neither grants assent nor returns the bill to the state legislature for reconsideration?

<p>The bill remains pending indefinitely, effectively preventing it from becoming law unless the President subsequently acts upon it. (D)</p> Signup and view all the answers

Under what circumstances, post the enactment of a parliamentary law based on an international treaty, can a state law on the same subject matter still operate without being rendered void due to repugnancy?

<p>If the state law deals with aspects of the subject matter not explicitly covered by the parliamentary law, it can operate concurrently without being deemed repugnant. (B)</p> Signup and view all the answers

Considering Article 304(b) of the Indian Constitution, what is the precise scope of 'prior presidential sanction' required for state bills imposing restrictions on freedom of trade and commerce, particularly concerning its applicability to non-discriminatory measures?

<p>Prior presidential sanction is required for all state bills that impose any form of restriction on trade and commerce, irrespective of whether such restrictions are discriminatory or non-discriminatory. (C)</p> Signup and view all the answers

Imagine a situation where the Rajya Sabha passes a resolution under Article 249, empowering Parliament to legislate on a State List subject. If, after the expiration of the resolution, Parliament re-enacts the same law, what implications arise regarding its validity and enforceability?

<p>The re-enacted law is treated as an ordinary parliamentary law, subject to the same limitations and conditions as any other law enacted under normal circumstances. (B)</p> Signup and view all the answers

If two states voluntarily adopt a parliamentary law enacted under Article 252, and subsequently one of those states seeks to amend the law in its application to that state alone, what constitutional constraints apply to this amendment process?

<p>The state cannot unilaterally amend the law; this is the exclusive domain of the Parliament. (C)</p> Signup and view all the answers

If a state law enacted on a subject in the Concurrent List is reserved for presidential assent and receives such assent, but subsequently, the Union Parliament enacts a law on the same subject with provisions directly contradicting the state law, what legal doctrine determines the prevailing law, and what is its rationale?

<p>The doctrine of 'repugnancy.' The state law prevails in that state, but the Parliament possesses the power to amend or repeal the state law at any time. (D)</p> Signup and view all the answers

Considering the Governor's authority to specify modifications to parliamentary acts for scheduled areas within a state, how is this power constrained by the fundamental rights enshrined in Part III of the Indian Constitution?

<p>The Governor's modifications cannot abridge or infringe upon the fundamental rights of individuals residing in scheduled areas, ensuring that such rights remain fully enforceable. (B)</p> Signup and view all the answers

In a hypothetical scenario where the Union Parliament seeks to enact legislation impacting the customary laws of a tribal community residing in a scheduled area within a state, how does the Fifth Schedule of the Constitution interplay with Parliament's legislative competence?

<p>The Parliament's legislative competence is constrained by the requirement that such legislation must be in harmony with the objectives of protecting and promoting the interests of tribal communities, as enshrined in the Fifth Schedule. (C)</p> Signup and view all the answers

If the Union government proposes to enact legislation under Article 3, altering the boundaries of a state without the state's consent, what procedural and constitutional safeguards exist to protect the state's interests and autonomy?

<p>The bill must be referred by the President to the state legislature for expressing its views thereon within a specified period. (C)</p> Signup and view all the answers

What is the most accurate interpretation of the 'repugnancy' clause concerning state laws that impose taxes on professions, trades, callings, and employments under Article 276 of the Indian Constitution?

<p>State laws imposing such taxes are valid subject to a ceiling. (A)</p> Signup and view all the answers

Considering the 'doctrine of colorable legislation,' how might a state law ostensibly enacted under a State List entry be challenged if its true purpose and effect are to encroach upon a field reserved for the Union under the Union List?

<p>The Supreme Court can strike down the state law if it concludes that the legislature lacked the competence to enact it, based on a judicial assessment of the law's dominant purpose and effect. (D)</p> Signup and view all the answers

In a scenario where Parliament legislates on a subject in the State List under Article 249 based on a Rajya Sabha resolution, and the law contains provisions that directly contradict existing state laws on the same subject, what is the precise legal effect of these contradictory provisions during the resolution's operative period?

<p>The State laws are superseded. (A)</p> Signup and view all the answers

Considering the constitutional provisions related to the creation of All India Services under Article 312, what specific procedural requirements must be met for the Union Parliament to enact legislation that empowers it to create a new All India Service?

<p>The Council of States must pass a resolution supported by a two-thirds majority of its members present and voting, declaring that it is necessary or expedient in the national interest to create such a service. (C)</p> Signup and view all the answers

How does the doctrine of 'pith and substance' apply in situations where a state law primarily relates to a matter within the State List but incidentally encroaches upon a field occupied by a Union law, and what criteria do courts employ to determine the law's true character?

<p>The courts examine the long title, preamble, and objects of the Act to determine its true character, and if the encroachment on the Union List is merely incidental, the law is upheld as constitutionally valid. (A)</p> Signup and view all the answers

Under what circumstances does the Governor of a state have the discretionary power to reserve a state bill for the President's consideration, even if the bill has been duly passed by the state legislature and does not appear to contravene any constitutional provisions?

<p>The Governor has the discretionary power to reserve any bill for the President's consideration if the Governor believes that it raises issues of national importance or affects relations with other states. (C)</p> Signup and view all the answers

Considering the provisions of Article 254 of the Indian Constitution, what specific criteria must be satisfied for a state law on a subject in the Concurrent List to prevail over a prior Union law, even after receiving presidential assent?

<p>There are no circumstances in which it can prevail. (B)</p> Signup and view all the answers

Under what specific circumstances can the Union Parliament legislate on matters within the State List to implement international agreements, even if the subject matter of the agreement falls squarely within the exclusive legislative competence of the states?

<p>The Parliament's legislative competence is not constrained. (C)</p> Signup and view all the answers

To what extent does the Indian Constitution, in its distribution of legislative powers, incorporate the principle of 'subsidiarity,' which suggests that decisions should be taken at the most local level consistent with efficient and effective action?

<p>It is implicitly recognized through the division of powers. (A)</p> Signup and view all the answers

In what specific situations, concerning concurrent lists, might a state law be deemed inoperative?

<p>If it duplicates existing union legislation without introducing novel elements pertinent to state law. (D)</p> Signup and view all the answers

What specific criterion most accurately determines legislative competence when laws, regardless of the list they derive from, unintentionally affect fundamental rights?

<p>Whether the law's encroachment is proportionate. (B)</p> Signup and view all the answers

What implications arise for international agreements that necessitate legislation on subjects within the State List?

<p>The union is compelled to compensate states. (B)</p> Signup and view all the answers

To what extent does the constitutional framework allow the delegation of legislative power from the Union to states, or vice versa, bypassing typical amending procedures?

<p>Not typically allowed. (B)</p> Signup and view all the answers

How can an executive usurp legislative power?

<p>Via the abuse of ordinances. (A)</p> Signup and view all the answers

What inherent limitation constrains a state's law on trade?

<p>If it is protectionist. (D)</p> Signup and view all the answers

To what degree does Article 276 permit a state tax that could financially cripple certain professions?

<p>It does not. (A)</p> Signup and view all the answers

Flashcards

Federalism

The principle where both the central and state governments have the power to enforce their own laws.

Legislative Relations Articles

Article 245 to 255 in Part 11 of the Constitution.

Extent of Legislation

Laws made by Parliament apply to the entire Indian territory or any part of it, while state laws apply to the whole or any part of the state.

Nexus Doctrine

When there is a sufficient connection between the state and the object, allowing it to apply outside its boundaries.

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Extra-Territorial Legislation

Parliament's power to make laws that apply to Indian citizens or their property even when they are abroad.

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Presidential Regulations for UTs

The President can create regulations that have the same effect as an act of Parliament for certain Union Territories.

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Three Legislative Lists

Parliament (Union List), State Legislatures (State List), and both (Concurrent List)

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Union List

98 subjects of national importance that only Parliament can legislate on.

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State List

59 subjects concerning local matters that state legislatures can legislate on.

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Concurrent List

A list of subjects that both Parliament and state legislatures can make laws about.

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Conflict in Concurrent List

Parliament's law will be the prevailing one, unless the state law was reserved for presidential approval.

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Subjects moved to Concurrent List (42nd Amendment)

Education, forests, protection of wild animals and birds, administration of justice, and organization of all courts.

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Residuary Powers

Parliament can make laws on subjects not mentioned in any of the three lists.

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GST Legislation

Parliament's exclusive power to legislate on GST for interstate trade or commerce.

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Hierarchy of Legislative Lists

The Union List prevails over both the Concurrent and State Lists; The Concurrent List prevails over the State List.

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Rajya Sabha Resolution

When the Rajya Sabha declares it necessary in the national interest (with 2/3 majority).

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National Emergency

Parliament can legislate on any matter in the State List during a national emergency.

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State Request

When two or more states request Parliament to make a law on a State List matter.

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International Agreements

To implement international agreements, treaties, and conventions, allowing Parliament to legislate on any subject.

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President's Rule

During President's Rule in a state, Parliament can legislate on any matter for the state.

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Presidential Veto over State Bills

The governor can reserve certain state bills for the president's consideration, and the president has veto power over such bills.

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Trade Restriction Bills

State bills imposing restrictions on freedom of trade and commerce require prior presidential sanction.

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Study Notes

Center-State Relations

  • The Indian constitution's federal nature necessitates studying center-state relations
  • Federalism entails central and state governments enforcing their own laws
  • An integrated judicial system eliminates the need to divide judicial powers, unlike legislative and executive powers
  • Center-state relations are examined under three main headings: legislative, administrative, and financial

Legislative Relations

  • Part 11 of the Constitution, from Article 245 to 255, addresses legislative relations between the Center and States
  • Analysis of legislative relations incorporates:
    • The extent of central and state legislation
    • Distribution of legislative subjects
    • Parliamentary legislation in the state field
    • Center's control over state legislation

Extent of Central and State Legislation

  • Parliamentary laws apply to the entire Indian territory or any part thereof
  • State legislature laws apply to the whole or any part of the state
  • State law can apply outside its territory if there is sufficient nexus between the state and the object
  • Parliament can legislate extra-territorially, concerning Indian citizens or their property abroad
  • Extra-territorial legislation is needed to apply law for those who are outside of India and need to be held accountable
  • The president can make regulations for the good governance, peace, and progress of these UTs:
    • Andaman and Nicobar Islands
    • Lakshadweep
    • Dadra and Nagar Haveli and Daman and Diu
    • Ladakh
  • Regulations made by the President have the same effect as an act of Parliament, including the power to amend or repeal existing parliamentary acts
  • State governors can specify that an act of Parliament will not apply, or will apply with specific modifications, to scheduled areas within the state
  • This power is also granted to the Governor of Assam for tribal areas within Assam
  • The President has similar powers for the tribal areas of Meghalaya, Tripura, and Mizoram

Distribution of Legislative Subjects

  • Legislative subjects are distributed across three lists in the Seventh Schedule
  • Parliament has exclusive power to legislate on subjects in the Union List, which contains 98 subjects of national importance
  • State legislatures can legislate on the 59 subjects in the State List, concerning local matters
  • Both Parliament and state legislatures can legislate on subjects in the Concurrent List
  • Central law prevails over state law in case of conflict in the Concurrent List, unless the state law was reserved for presidential assent
  • The 42nd Constitutional Amendment Act of 1976 moved five subjects from the State List to the Concurrent List:
    • Education
    • Forests
    • Protection of wild animals and birds
    • Administration of justice
    • Constitution and organization of all courts
  • Parliament can legislate on subjects not enumerated in any of the three lists; this concerns subjects such as artificial intelligence
  • Parliament also has legislative power over any territory not part of a state, regardless of subject matter

Goods and Services Tax (GST)

  • Parliament has exclusive power to make laws regarding GST when the supply of goods or services occurs during interstate trade or commerce

Comparative Analysis: Legislative Lists

  • US Constitution: Only specifies the powers of the federal government; states have powers over remaining subjects
  • Australian Constitution: Similar to the US model
  • Government of India Act, 1935: Had three lists (Federal, Provincial, Concurrent), with residual powers vested in the Governor-General

Conflict Resolution among Lists

  • Union List prevails over both the Concurrent and State Lists
  • The Concurrent List prevails over the State List

Parliamentary Legislation in the State Field

  • Five circumstances allow Parliament to legislate on State List subjects:
    • When the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest
      • Requires support from two-thirds of the members present and voting
      • Resolution remains in force for one year and can be renewed
      • Legislation ceases six months after the resolution expires
    • During a national emergency, Parliament can legislate on any matter in the State List
      • Laws cease to have effect six months after the emergency ends
      • States can still legislate, but parliamentary law prevails in cases of conflict
    • When two or more states request Parliament to legislate on a State List matter
      • Applies only to requesting states; other states may adopt the law later
      • Parliament can amend or repeal the law, not the state legislatures
    • To implement international agreements, treaties, and conventions
      • Allows Parliament to legislate on any subject, including those in the State List
    • During President's Rule in a state, Parliament can legislate on any matter for the state
      • Laws remain in effect even after President's Rule ends, but can be repealed or altered by the state legislature

Center's Control over State Legislation

  • Article 200 & 201: The governor can reserve certain state bills for the president's consideration
    • The president has absolute veto power over such bills
  • Article 304 (b): State bills imposing restrictions on freedom of trade and commerce require prior presidential sanction

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