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TNPSC Free Notes Polity In English – Legislative Relationship

இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான  முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.

Legislative Relationship

 The Centre-State Relations revolve around the fulcrum of distribution of powers
between Centre and States.
 Distribution of powers is the foundational feature of federalism, and in federal
Constitutions, there are three types of distributions, they are:
 Legislative Power Distribution,
 Executive Power Distribution,
 Financial Power Distribution.
Legislative Relations
There are two aspects to the distribution of legislative powers between the Centre and
States in our Constitution. They are
 Territorial Distribution of Powers
 Subject Distribution
Territorial Distribution of Powers
 The powers are distributed between the Union and State governments territorially.
 The Union Government possess the powers over the entire territory of India while the
states have jurisdiction over their own territories.
 The Central Government has extra territorial jurisdiction that means that its laws
govern not only persons and property within India but also Indian citizens and their
properties located in any corner of the world.
 In contrast, the State legislatures do not possess jurisdiction outside their own
territory. The territorial jurisdiction of Parliament of course, is subject to certain
limitations imposed by the constitution, especially with regard to union territories and
scheduled areas
Subject Distribution
 The Constitution distributes the legislative subjects between the Union Government and

States in an elaborate scheme.
 There are three Lists of distribution.
 List I (Union List) contains the subjects and powers exclusively allotted to the Union
Parliament. There are 100 subjects here, including defence, foreign affairs, banking,
and currency.
 List II (State List) contains the subjects that are exclusively allotted to the State
Governments. There are 59 items, including public order, and police, public health,
local government, agriculture, forests, fisheries.
 List III (Concurrent List) contains 52 items, including Criminal law and procedure,
Civil Procedure, marriage, education. This list is called as Concurrent List. Both the
Union and State governments have powers over these subjects. But when there
occurs a clash between the Union and State Governments the law of the
Parliament will prevail.
 There is also another category called residuary powers. Any subject not
mentioned in the above three lists will automatically comes under the jurisdiction
of the union government. Our Constitution broadly follows the legislative
distribution of powers provided in the Government of India Act 1935 enacted
during the British colonial era.

 The above scheme of legislative power distribution will be normally followed. But under
exceptional circumstances, the scheme will be suspended.
 The power of the Union Parliament will be expanded and concomitantly the powers of
the State legislatures will be diminished.
National Emergency
 When the President of India declares National Emergency the Union Parliament
acquires the powers to legislate over the subjects in the State List.
 The emergency is declared by’ the president to tackle problems like war, external
aggression and armed rebellion that pose a danger to the existence of our nation.
 Therefore to tackle the challenges successfully and effectively these challenges, the
Union Government gains control over state legislature powers too.
Agreement between States
When two or more states agree that their mutual interests will be served better if there

is common law on a particular subject and request the union government to enact the
needed law, the Parliament can enact a common law for the desiring states on that
subject even if it falls in the List II (State List).
International Agreement
The Parliament will have powers of enactment on a state subject for the purpose of
implementing an international agreement.
Article 356, Emergency
After the declaration of article 356 emergency in a State the President, can declare that the
Parliament will enact on state list subjects for that state.
Executive Relations
 Our constitution distributes executive powers between the Union and the State
governments. The distribution is co-terminous with legislative power distribution to a
great extent.
 The union government possesses executive powers over the subjects that are included
in the List I, namely the Union List.
 The states have executive powers over the subjects that are included in the List II,
namely the State List.
 The executive power of the union government extends over the territory of India while
the executive power of the state governments extend over their own territories.
 The distribution of the executive powers over the List III, namely the Concurrent List, is
based on a slightly complicated scheme. Succinctly it can be stated that the executive
powers over the subjects in the Concurrent List are ordinarily with the state
 Nevertheless, the union government retains powers to issue directions to the state
governments in the execution of executive functions both in normal times and during
 Another feature in the executive powers distribution scheme in the constitution relates
to the mutual delegation of functions between the union and state governments.
 The union government can entrust its functions to the state government after
getting the consent of the concerned state government.
 Conversely the state government can entrust its executive functions to the union
government after getting the consent of the union government.

 Moreover the union government, even without getting the consent of the state
government can entrust its executive function to the state government but with the
consent of the parliament.
Financial relations
 Finances are the fundamental in the successful operation of the federal system.
 Indian constitution distributes financial powers between the union and states in a
comprehensive arrangement that is broadly modeled on the 1935 Government of
India Act.
 There are two sources of revenue distributed by the constitution, namely Tax Revenue
and Non-tax Revenue.

Tax Revenue Distribution
 There are five important ways in which the tax revenues are distributed between the
union and state governments.
 Certain taxes like Corporation tax and Custom tax are exclusively allotted to the
central government
 Certain taxes like sales tax are exclusively allotted to the states
 Certain taxes are levied by the Union but collected and appropriated by the
concerned states and the examples are stamp duties on Bills of Exchange and Excise
duties on medicinal and toilet preparations containing alcohol
 Certain taxes are levied and collected by the union government, but the proceeds are
assigned to the states in which they are levied like the taxes on the sale of
advertisements in newspapers.
 Certain taxes are levied and collected by the state governments and are distributed
between the union and state governments in a certain proportion like the tax on
income other than an agricultural income.

Financial Relationship-2
Non-tax Revenue Distribution
 Both the Union and the state governments are provided with non-tax revenue
sources. The Union Government gets its revenue from the receipts from commercial
and industrial undertakings relating to central subjects like Industrial Finance
Corporation. It gets its revenue from Railways, Posts and Telegraphs, Broadcasting etc.
 The State Governments get revenue from the receipts of commercial enterprises and
industrial undertakings allotted to them. The sources among others include forests,

irrigation, electricity, road transport.
Finance Commission
 The president of India will constitute a Finance Commission once in five years.
 The article 280 of the constitution describes the composition of the Finance
 It will have one Chairman and four other members.
 The Chairman will be a person with experience in public affairs and the members will
have experience in financial administration, special knowledge of economics, special
knowledge of public accounts and government finances, and one member will have
qualification of a High Court judge.
Finance Commission will provide recommendations in the following manner
 For the distribution of net proceeds of taxes between the centre and states.
 Principles governing grants-in-aid.
 Measures needed to increase the consolidated Fund of India or states to supplement
the resources the Panchayat Bodies.
 Measures needed to increase the consolidated Fund of India or states to supplement
the resources the Urban Local Bodies.
 Any other matter referred by the President.
 So far fourteen Finance Commissions have been constituted once in every five years.


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