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Distribution of legislative powers from "summary" of Indian Polity by M. Laxmikanth
The Constitution of India establishes a federal system of government, which means that there is a division of powers between the Centre and the states. This division of powers is enshrined in the Seventh Schedule of the Constitution, which contains three lists - the Union List, the State List, and the Concurrent List. These lists outline the subjects on which the Centre and the states can make laws. The Union List contains subjects on which only the Parliament can make laws, such as defense, foreign affairs, and currency. The State List contains subjects on which only the state legislatures can make laws, such as police, public health, and agriculture. The Concurrent List contains subjects on which both the Centre and the states can make laws, such as education, forests, and marriage. The division of powers between the Centre and the states is essential for the smooth functioning of the federal system. It ensures that both levels of government have their areas of jurisdiction and can make laws on subjects that fall within their purview. This division of powers also helps in preventing conflicts between the Centre and the states and ensures that each level of government can function independently within its sphere. In cases where there is a conflict between a law made by the Parliament and a law made by a state legislature on a subject in the Concurrent List, the law made by the Parliament will prevail. This is known as the doctrine of repugnancy. However, in situations where both the Centre and the states have the power to make laws on a subject, they can coexist without any conflict. The distribution of legislative powers between the Centre and the states is a crucial aspect of the Indian federal system. It helps in maintaining a balance of power between the different levels of government and ensures that each level can function effectively in its respective domain. This division of powers is a key feature of the Indian Constitution and plays a significant role in shaping the relationship between the Centre and the states.
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