What are different legislative power divided between the union and the state .Discuss?
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DISTRIBUTION OF POWERS BETWEEN UNION AND STATE
The main characteristic of a federal constitution is the distribution of powers between the union and the states. The Indian constitution provides for a new kind of federalism to meet India’s peculiar needs. In the matter of distribution of powers, the framers followed the pattern of the Government of India Act, 1935. Thus, predominance has been given to the union parliament over the state legislatures or assemblies regarding the distribution of legislative powers.
The legislative powers are subject to the scheme of distribution of powers between the union and state legislatures (as provided in three lists under the constitution), fundamental rights (i.e. legislative powers cannot contravene the fundamental rights) and other provisions of the constitution (articles 245-254).
(1) Union List (List 1) – It contains 97 items and comprises of the subjects which are of national importance and admit of uniform laws for the whole of the country. Only the union parliament can legislate with respect to these matters. For example, Defence, foreign affairs, banking, currency, union taxes, etc.
(2) State List (List 2) – It contains 66 items and comprises of subjects of local or state interest and thus lie within the legislative competence of the state legislatures, viz. public order and police, health, agriculture, forests, etc.
The main characteristic of a federal constitution is the distribution of powers between the union and the states. The Indian constitution provides for a new kind of federalism to meet India’s peculiar needs. In the matter of distribution of powers, the framers followed the pattern of the Government of India Act, 1935. Thus, predominance has been given to the union parliament over the state legislatures or assemblies regarding the distribution of legislative powers.
The legislative powers are subject to the scheme of distribution of powers between the union and state legislatures (as provided in three lists under the constitution), fundamental rights (i.e. legislative powers cannot contravene the fundamental rights) and other provisions of the constitution (articles 245-254).
(1) Union List (List 1) – It contains 97 items and comprises of the subjects which are of national importance and admit of uniform laws for the whole of the country. Only the union parliament can legislate with respect to these matters. For example, Defence, foreign affairs, banking, currency, union taxes, etc.
(2) State List (List 2) – It contains 66 items and comprises of subjects of local or state interest and thus lie within the legislative competence of the state legislatures, viz. public order and police, health, agriculture, forests, etc.
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