Federal Structure and Distribution of Legislative and Financial Powers Between The Union and The States

FEDERAL STRUCTURE AND DISTRIBUTION
OF LEGISLATIVE AND FINANCIAL POWERS

BETWEEN THE UNION AND THE STATES
INTRODUCTION
 Types of constitution
 Unitary
 Single government
 Example : France
 Federal
 State and centre has their own government
 State does not come under the rule of thee centre
 State has sovereignity over its region
 Centre has the rights to dissolve the state legislation
 Example : India , USA
GOVERNMENT OF INDIA ACT
Division of
Govern
193 ment of
power or
authority
India between
5 Act
state and
central
Federal
1935 Act 3 fold scheme provincial
concurrent
Later transformed to ‘UNION, STATE and CONCURRENT list

scheme’
POWERS OF GOVERNMENT
1. Legislative powers
2. Administrative powers
3. Financial powers
LEGISLATIVE POWERS
1. Territorial jurisdiction
1. Parliament
2. State legislatures
2. Legislative subject matter

1. Union list
2. State list
3. Concurrent list
 residuary power
Territorial legislative jurisdiction
 Article 245 envisages the power to make laws with Parliament and
State Legislature.
 gives effect to enacted laws. has also power to alter the existing
law retrospectively.
 Article 245 , clause 1 :
subject to the provision of this constitution ,
Parliament may make laws for the whole or any part of the
territory of India , and the legislature of the state may make laws
for the whole or any part of the state
 A state legislature cannot legislate extra territorially
DELEGATED LEGISLATION IN INDIA
 “That which proceeds from any authority other than the sovereign
power and is therefore dependent for its continued existence and
validity on some superior or supreme authority
 Delegated or subordinate legislation can be said as another branch
of rule of law made under the authority of an Act of Parliament.
 Eg: Municipal Corporation of Delhi v Birla Cotton,
 Legislatures enact laws to meet the challenge of the complex
socio-economic problems
SCOPE OF DELEGATED LEGISLATION
 There should be standard laid down by the legislative

authority.
 What can be delegated is task of subordinate legislation, it
should be ancillary to the statute which delegate the power
to make it effective.
 The judiciary cannot interfere in the discretion power vested
in the legislature to determine the extent of delegated power
in specific or particular case.
 Legislature cannot delegate its essential legislative functions.
LEGISLATIVE SUBJECT MATTER
 Subject matter of laws made  Union list – 97 items

by Parliament and by the  State list – 66 items
legislature of states under  Concurrent list – 47 items
article 246
 The Union Parliament and
every State legislature have
power to make laws with
respect to any of the matters
which fall within their field
of legislation .
REPUGNANCY
 Repugnancy here means such portion of state legislature inconsistent to a
central law, in concurrent list become invalid.
 The repugnancy may relate to the pith and substance of the subject
matter.
 b) When both laws, coincide, the repugnancy may be confirm and the
whole of the state law become void.
 c) The operation of union law is prospective.
 d) If there is any existing law of parliament and state law legislate on
same subject matter than such law is void.
WHAT IF THERE IS CONFLICT BETWEEN THE ANY OF
THREE LISTS
Overlapping or conflict Prevail by
Union list
Between union , state and
concurrent list
Union list
Between union and state list
Between union and concurrent list Union list

Between state and concurrent list Concurrent list
LEGISLATION FOR UNION TERRITORIES
UTs do not have their own governments, they are ruled directly by the
central government through lieutenant governor as the administrator. He is appointed
by the Central government and is also a representative of the President of India.
Union territory
With legislative Without legislative

UNION TERRITORIES WITH LEGISLATIVE
 Puducherry and New Delhi were allowed to have legislative

assemblies considering the population of these territories
 Puducherry has been given partial state-hood. And, that is why it
has its own elections, ministers and an assembly.
 Delhi was given a seperate assembly with a ruling body based on
the fact that it is the Capital of our Country.
 Delhi and Puducherry have a special status. They are different
from the usual states and Union Territories. Other UTs have
administrators, but these two have a Legislative Assembly, a Chief
Minister and Lt. Governor.
Article-370:Temporary provisions with
respect to the State of Jammu and Kashmir
Reorganisation of Jammu and Kashmir:
The Bill reorganises the state of Jammu and Kashmir into:
(i) the Union Territory of Jammu and Kashmir with a legislature, and
(ii) the Union Territory of Ladakh without a legislature.
UTs with their own Legislatures -- Delhi, Puducherry and
Jammu and Kashmir -- will send representatives to the Rajya Sabha
and Lok Sabha. Other UTs send representatives only to the Lok Sabha
UNION TERRITORIES WITHOUT LEGISLATURE:
UT’s without legislator is not represented by elected
representatives. President or Central government will appoint
adminisrator
WITH LEGISLATURE WITHOUT LEGISLATURE
 will have a Legislative  Will have administrators

Assembly, a Chief Minister appointed by central
and Lt. Governor. government
 representatives in Rajya Sabha  representatives only in Lok
and Lok Sabha Sabha
 Delhi, Puducherry and Jammu  Andaman and Nicobar,
and Kashmir Chandigarh,Lakshadweep
LEGISLATIVE OF UNION TERRITORIES

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FEDERAL STRUCTURE AND DISTRIBUTION

OF LEGISLATIVE AND FINANCIAL POWERS

Later transformed to ‘UNION, STATE and CONCURRENT list

2. Legislative subject matter

 There should be standard laid down by the legislative

 Subject matter of laws made  Union list – 97 items

Between union and concurrent list Union list

With legislative Without legislative

 Puducherry and New Delhi were allowed to have legislative

 will have a Legislative  Will have administrators

LEGISLATIVE OF UNION TERRITORIES

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