Legislative powers Federalism in India

1 legislative powers

1.1 union list
1.2 state list
1.3 concurrent list
1.4 residuary subjects

legislative powers

the power of states , centre defined constitution , legislative powers divided 3 lists. i.e.

union list

union list consists of 100 items (previously 97 items) on parliament has exclusive power legislate including: defence, armed forces, arms , ammunition, atomic energy, foreign affairs, war , peace, citizenship, extradition, railways, shipping , navigation, airways, posts , telegraphs, telephones, wireless , broadcasting, currency, foreign trade, inter-state trade , commerce, banking, insurance, control of industries, regulation , development of mines, mineral , oil resources, elections, audit of government accounts, constitution , organisation of supreme court, high courts , union public service commission, income tax, custom duties , export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty, terminal taxes.

state list

state list consists of 61 items (previously 66 items). uniformity desirable not essential on items in list: maintaining law , order, police forces, healthcare, transport, land policies, electricity in state, village administration, etc. state legislature has exclusive power make laws on these subjects. in circumstances, parliament can make laws on subjects mentioned in state list, council of states (rajya sabha) has pass resolution 2/3rd majority expedient legislate on state list in national interest.

though states have exclusive powers legislate regards items on state list, articles 249, 250, 252, , 253 state situations in union government can legislate on these items.

concurrent list

concurrent list consists of 52 (earlier 47) items. uniformity desirable not essential on items in list: marriage , divorce, transfer of property other agricultural land, education, contracts, bankruptcy , insolvency, trustees , trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs , poisons, economic , social planning, trade unions, labour welfare, electricity, newspapers, books , printing press, stamp duties.

residuary subjects

the subjects not mentioned in of 3 lists known residuary subjects. however, there many provisions made in constitution outside these lists permitting parliament or state legislative assembly legislate. excluding provisions of constitution outside these lists per article 245, power legislate on residuary subjects (not mentioned in constitution), rests parliament exclusively per article 248. parliament shall legislate on residuary subjects following procedure per article 368 constitutional amendments.

in case above lists expanded or amended, legislation should done parliament under constituent power per article 368 ratification majority of states. federalism part of basic structure of indian constitution cannot altered or destroyed through constitutional amendments under constituent powers of parliament without undergoing judicial review supreme court.