Distribution of Legislative Power

The distribution of powers is an essential feature of federalism. The object for

which a federalstate is formed involves a division of authority between the
Central Government and separate states. A Federal Constitution establishes
the dual polity with the union at the center and the states at a periphery, each
endowed with sovereign powers to be exercised in the field assigned to them
respectively by the constitution. “The one is not subordinate to the other in its own field;
the authority of one is co-ordinate with that of other.
The foundation for a federal set up was laid in the Government of India Act, 1935.
Though in every respect the distribution of legislative power between the Union and the
States as envisaged in the 1935 Act has not been adopted in the Constitution, but the
basic framework is the same.

The Indian Constitution, based on the principle of federalism, has a scheme of two-
folddistribution of legislative powers- with respect to territory; and with respect
to subject matter. The constitutional provisions are spread out over Articles 245-254.
Article 245 talks about distribution of legislative power between Union and State
with respect to territory. In terms of Article 246, The VII th Schedule of
the constitution contains 3 lists, The Union List, State List and Concurrent list. However,
in case of conflict between a central law and a state law on a subject in concurrent
list; the union law should prevail. Also, In India residuary powers belong to the
union government under article 248 and Entry 97 of Union list. This reflects
the leaning of the constitution makers towards a strong center. Though in normal
times the distribution of powers

must be strictly maintained and neither the State nor the Centre can encroach
upon the sphere allotted to the other by the Constitution, yet in certain exceptional
circumstances the powers of the Union Parliament are extended over the subjects
mentioned in the Slate List. For example, in the national interests, during a
Proclamation of Emergency, with the consent of the State, in case of failure of
constitutional machinery in a State etc. Thus, from the scheme of distribution
of legislative powers between the Union and t he States it is quite evident that
the framers have given more powers to the Union Parliament as against the
States. Yet, the states are not made subordinate units of the center. In normal
times, they have been granted enough autonomy to act as independent centers of
authority.