What are the correct territorial limits of legislative powers vested in centre and state?

1) Parliament can make law for a part of territory of India.

2) ‘Extra-territorial legislation’ can be made by Parliament as well as states (in some cases).

3) In case of overlap in concurrent and state list, concurrent list prevails.

4) During a financial emergency the President can ask the states to reserve their financial bills including money bills for his consideration.

a. 1, 2, 4

b. 1, 3, 4

c. 2, 3

d. All of the above

ANSWER: 1, 3, 4

Explanation:

Legislative Relations between Centre and State are described in Articles 245 to 255 in Part 11 of the Constitution.

Apart from these there are some other articles too.

Distribution of legislative subjects amongst Centre and states -

Legislative Subjects are divided into 3 lists in the 7th schedule.

Only Union government can legislate on subjects in Union List.

Only State Government can legislate on subjects in State List.

Both Union and State Governments and legislate on subjects in concurrent List.

There is dominance of Union list over other two lists and that of concurrent list over state list.

Also, in case of conflict, the dominant list always prevails.

If there is a conflict between the Union law and the state law on a subject of the Concurrent List, then the Union law prevails.

However there is one exception to it.

If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state.

However, here again the Parliament can override this state law by making a law on the same matter.

Extent of Union and State Laws -

Parliament can make laws for entire India or a part of it.

State can make laws for whole state or part of it.

‘Extra-territorial legislation’ can be made only by Parliament. These kinds of legislations can be applied to Indian citizens and their property, etc. in any part of the world.

Also the President, governor, etc. can make legislations for scheduled areas and scheduled tribes.

They can direct that laws of parliament will not apply or apply with changes to certain areas.

Parliamentary legislation in state field -

Parliament can make laws on subjects in state list -

(a) If Rajya Sabha passes such a resolution

(b) During a national emergency

(c) When two or more states make a request for it

(d) For implementing international agreements

(e) During President’s rule in the state

Union’s control and authority over State legislations -

The governor can reserve certain state legislations for consideration of the President.

During a financial emergency the President can ask the states to reserve their financial bills including money bills for his consideration.

Certain bills on state subjects can be introduced in state legislature only with prior approval of the President.