The constitution of India very clearly distributes the legislative powers, between the centre

and states. Both the sets of Governments can frame laws independently in their respective
spheres. There are three lists of powers given in the constitution.
(i) Union List
In the union list, there are 99 subjects. The laws on all these subjects can be framed by the
Federal Government, i.e. the Parliament of India. The list contains subjects of national
importance. These subjects concern all the citizens of India equally.
(ii) State List
In the state list there are 62 subjects. These subjects can be legislated upon by the states,
subjects mentioned in the list are like the law and order, police, jails, public health, education,
agriculture, local-self government, hospitals, justice, organization of judiciary except
Supreme Court and High Courts, forests, revenue and unemployment etc.
(iii) Concurrent List
There are 55 subjects in the concurrent list. The subjects mentioned in the concurrent list are-
like the marriage, divorce, criminal law, civil procedure, newspapers, books and printing
press.
iv) Residuary Powers
Residuary powers have been allotted to the central government by the constitution. But in
U.S.A. and Switzerland the residuary powers have been given to the states. It seems that the
framers of the constitution have followed the Canadian examples with a view to keep the
centre I in a very strong position.
Enforcement over the state list by the Union
The constitution gives the states power to frame laws on all the subjects included in the state
list. But the central government has the authority to interfere even in these powers of states
under special circumstances.
At the Resolution of Rajya Sabha
The Union Parliament will be authorized to pass a law on a subject of state list about which
the Rajya Sabha passes a resolution with 2/3rds majority of the members present and voting
saying that subject has attained national importance. Such a resolution of the Rajya Sabha
will give the Parliament the Legislative power for one year at a time. The power may be
extended yearly till the need is felt.
Request of the states
Art. 252 empower the Parliament to legislate on a matter in the state list if two or more states
desire that any of the matter in the state list be regulated by the Parliament. Any Act pressed
cannot be amended by a State Legislature to which the law applies.
Failure of the constitutional machinery
The Parliament is empowered to pass laws on the state subject for the state in which
emergency has been proclaimed because of the failure of constitutional machinery. It may
delegate his Legislative Power concerning the states to the President of India if it so deems
necessary.
During emergency
The Parliament has the authority to pass laws on any subjects of the state list during the
emergency proclaimed because of war and external aggression etc. Such a law may be made
for the whole of India or any part thereof.
Enforcement of International treaties
The Parliament has the power to make law on any item of the state in order to implement
some international treaty or agreement or convention.
Assent of President is essential
Some Bills are reserved by the Governor for the signature of the President after being passed
by the state Legislature e.g. Bills concerning restrictions as the powers of High Courts and
Bills concerning acquisitions on property by the state by paying compensation etc. The
President has the power of absolute veto over the Bills which are thus reserved by the
Governors for his signature.
A critical-examination-of legislative relation leaves the impression that the centre is very
powerful in legislative matters and it can impose its will on the state. All subjects of national
importance are in the Union list and in the concurrent list centre is all powerful.