Question

explain briefly the distribution of legislative power in india

Answer 1

 distribution of powers is an essential feature of federalism. 1 The object for which a federal state is formed involves a division of authority between the Central Government and separate states. A Federal Constitution establishes the dual polity with the union at the centre and the states at a periphery, each endowed with sovereign powers to be exercised in the field assigned to them respectively by the constitution. “The one is not subordinate to the other in its own field; the authority of one is co-ordinate with that of other. 2” In fact, the basic principle of federation is that the legislative, executive and financial authority is divided between the centre and state not by any law passed by the centre
 


but by constitution itself. The nature of distribution of power varies according to the local and political background of each country.
 
Our Constitution makers followed the Canadian scheme opting for strong center. The Government of India Act, 1935 introduced a scheme of three fold distribution viz., Federal, Provincial and Concurrent.
 
The present Constitution, based on the principle of federalism with a strong and indestructible union, adopts the method followed by the Government of India Act, 1935 and has a scheme of two fold distribution of legislative powers- with respect to territory; and with respect to subject matter. With respect to subject matter, The Constitution adopts a three-fold distribution of legislative powers by placing them in any of the three lists, namely, Union List, State List and Concurrent List.
 
Scheme of Distribution of Legislative Powers: According to Article 1 of the Constitution of India3, India is a Union of States, which means a Federation of states. There is in a federation, a division of functions between the centre and the states.
 
Under the present Constitution, there is scheme of two fold distribution of legislative powers-
·        With respect to territory; and
·        With respect to subject matter.
 
With respect to subject matter, The Constitution adopts a three-fold distribution of legislative powers by placing them in any of the three lists, namely, Union List, State List and Concurrent List.
 
The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are spread out over several articles (articles 245-254). However, the most important of those provisions – i.e., the basic one – is that contained in articles 245-246. From the point of view of the subject matter of legislation, it is article 246 which is   important. 4
 
Distribution of Legislative Powers With Respect To Territory
The legislative powers of Parliament and the state Legislatures are subject to the provisions of the Constitution viz. (1) the Schemes of the distribution of powers. (2) Fundamental Rights. 5 (3) Other provisions of the constitution. Article 245 talks about distribution of legislative power between Union and State with respect to territory.
 
Article 245 (1) provides that “subject to the provisions of the constitution, Parliament may make laws for the whole or any part of the territory of India.”According to clause (2) of Article 245 a “law made by Parliament shall not be deemed to be invalid on the ground that it has extra-territorial operation' i.e. takes effect outside the territory of India.”
 

 
Distribution of Legislative Powers With Respect To Subject Matter
In terms of Article 246 of the Indian constitution, there is a threefold distribution of legislative powers between Union and the State Governments. The VIIth Schedule of the constitution contains 3 lists.
 

Answer 2

$Question$:-

➝explain briefly the distribution of legislative power in india?

$Answer$:-

• The governor summons , adjourn and prorogues the session of the state legislature.

• He addresses the opening session of the legislative.

• No bill can become a lawyer without his signature.

• money bill cannot be introduced in the vidhan Sabha without the approval of the governor.

• when the houses or not in session the governor issues an order called an ordinance and ordinance is a valid till 6 weeks after the next session of state legislature.