Here are the notes from the provided transcript, summarizing the key aspects of Central-State Legislative Relations in India.
Source: Government of India Act, 1935.Articles Covered: Articles 245 to 255.
Parliament: Can make laws for the whole or any part of the territory of India. Can make laws with extra-territorial operation (i.e., for Indian citizens and their property anywhere in the world). Example: Laws related to Indian citizens working in Gulf countries or residing in the USA (e.g., Doctors, Engineers), or international agreements.
State Legislature: Can make laws for the whole or any part of the State. Cannot make laws with extra-territorial operation.
Defines the legislative competence based on the three lists (similar to Schedule 7): Union List (List I): Parliament has exclusive power to make laws.State List (List II): State Legislature has exclusive power to make laws.Concurrent List (List III): Both Parliament and State Legislature can make laws.
Parliament can establish additional courts for the better administration of laws made by Parliament or on matters listed in the Union List.
Definition: Residuary subjects are those not enumerated in any of the three lists (Union, State, Concurrent).Legislative Power: Parliament has exclusive power to make laws on any residuary subject.Examples: Atomic energy, space technology, environmental pollution (initially not listed).
Origin: The concept of residuary powers belonging to the Centre is borrowed fromCanada .Dispute Resolution: If there's a dispute about whether an item falls under residuary powers, theChief Justice of the Supreme Court (or a bench authorized by CJI) will investigate and make the decision.
Process: Rajya Sabha passes a resolution by aspecial majority (2/3rd of members present and voting).This resolution declares that it is necessary or expedient in the national interest for Parliament to legislate on a specific State List subject. Parliament then gains the power to make laws on that subject.
Duration of Law: The law is valid for one year from the date of its enactment.It can be extended year by year indefinitely by fresh resolutions of the Rajya Sabha.If the resolution is not renewed after one year, the law ceases to operate after six months from the date the resolution expires.
Nature of Rajya Sabha's Power: Rajya Sabha's resolution is arequest and does not bind Parliament to make the law. Parliamentmay ormay not act on it. There is no specific time limit for Parliament to act on such a resolution.
During a National Emergency (under Article 352), whether it applies to the whole of India or any part of it, Parliament can make laws on any subject listed in theState List .These laws override conflicting State laws.
If a law made by Parliament under Article 249 or 250 conflicts with a law made by a State Legislature, the Parliament's law shall prevail .
Process: If two or more States pass resolutions in their respective State Legislatures (both houses if bicameral).They request Parliament to make a law on a subject listed in the State List for those States.Parliament can then make such a law.
Application: Such a law can also be adopted by any other State by passing a resolution to that effect.Amendment/Repeal: OnlyParliament has the power to amend or repeal a law made under this Article, not the State Legislatures.
Parliament has the power to make any law for implementing any international treaty, agreement, or convention , or any decision made at an international conference, association, or other body.This power extends to subjects even in the State List, allowing Parliament to legislate on them to fulfill international obligations.
This Article deals with conflicts between laws when both Parliament and State Legislatures have the power to legislate (i.e., on subjects in the Concurrent List ).General Rule: If a State law on a Concurrent List subject conflicts with a Central law, theCentral law prevails .Exception (Presidential Assent): If a State law on a Concurrent List subject has been reserved for the consideration of the President and has received the President's assent, then the State law will prevail in that State, even if it conflicts with an earlier Central law.Parliament's Overriding Power: Even if a State law receives Presidential assent, Parliament can still pass a later law on the same subject, effectively overriding the State law.
If a law (whether made by Parliament or a State Legislature) requires a prior recommendation or sanction (e.g., from the President or Governor) but is passed without it: The law is not invalidated merely because the recommendation or sanction was not givenbefore its enactment.The law becomes valid if the required recommendation or sanction is obtained after its passage.
Key Point: This Article clarifies that such requirements are procedural and do not affect the substantive validity of the law if subsequently fulfilled.
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