India is a federal country with a system of government that divides legislative powers between the Union and the States. The Constitution of India specifies the distribution of legislative powers between the Union and the States, and it provides for a number of principles and doctrines that help to ensure that the distribution of powers is respected and adhered to. This essay will examine the distribution of legislative powers between the Union and the States in India, including territorial and topical distribution of powers, the power of Parliament to legislate on State matters, the doctrine of territorial nexus, the doctrine of pith and substance, and the doctrine of colourable legislation.

Territorial Distribution of Powers

The Constitution of India provides for a clear division of legislative powers between the Union and the States. The Seventh Schedule of the Constitution divides the subjects of legislation into three lists – Union List, State List, and Concurrent List. The Union List contains subjects that are the exclusive domain of the Union Government, such as defence, foreign affairs, and currency. The State List contains subjects that are the exclusive domain of the State Governments, such as police, agriculture, and education. The Concurrent List contains subjects on which both the Union and the State Governments can legislate, such as health, forests, and economic planning.

The division of powers is territorial, meaning that the Union Government has exclusive legislative powers over the whole country in relation to the subjects on the Union List, while the State Governments have exclusive legislative powers over their respective States in relation to the subjects on the State List. Both the Union and State Governments have concurrent powers in relation to the subjects on the Concurrent List.

Topical Distribution of Powers

The division of powers is not just territorial, but also topical. This means that the legislative powers of the Union and the States are further divided based on the subject matter of the legislation. For example, while both the Union and the States can legislate on the subject of health, the Union Government has exclusive legislative powers on certain aspects of health, such as the regulation of food and drugs, while the State Governments have exclusive legislative powers on other aspects of health, such as hospitals and dispensaries.

Power of Parliament to Legislate on State Matters

While the Constitution provides for a clear division of legislative powers between the Union and the States, it also grants the Union Government the power to legislate on State matters in certain circumstances. Article 249 of the Constitution empowers Parliament to make laws on a State subject, provided that the Rajya Sabha passes a resolution by a two-thirds majority declaring that it is necessary in the national interest. This power can only be exercised if the State has requested the Union Government to do so, or if the State has failed to comply with a previous Union law on the subject.

Similarly, Article 250 of the Constitution empowers Parliament to make laws on a State subject in order to give effect to an international agreement. This power can only be exercised if the State has made a law on the subject, but the law is inconsistent with the international agreement.

Doctrine of Territorial Nexus

The doctrine of territorial nexus is a principle that ensures that the Union Government does not encroach on the legislative powers of the States. According to this doctrine, the Union Government can only make laws on a State subject if there is a territorial nexus between the subject matter of the law and the Union’s legislative powers. This means that the law must relate to a subject on the Union List or the Concurrent List, and it must have a direct impact on the territory of India.

For example, the Union Government can make a law on the subject of interstate trade because it relates to the regulation of commerce, which is a subject on the Union List. However, the Union Government cannot make a law on the subject of land reform in a particular State, because land reform is a subject on the State List and does not have a direct impact on the territory of India as a whole.

Doctrine of Pith and Substance

The doctrine of pith and substance is a principle that is used to determine the true nature and character of a law. According to this doctrine, if a law relates to a matter that falls within the exclusive jurisdiction of one level of government, but incidentally affects a matter that falls within the jurisdiction of another level of government, the law will be considered to be valid if its true character relates to the former matter. In other words, the law will be judged based on its “pith and substance,” or its true nature and character.

For example, if a State law that regulates the sale of liquor also incidentally affects the Union’s power to regulate trade and commerce, the law will be considered to be valid as long as its pith and substance relates to the regulation of liquor, which is a subject on the State List.

Doctrine of Colourable Legislation

The doctrine of colourable legislation is a principle that is used to prevent the Union and State Governments from passing laws that are designed to circumvent the constitutional distribution of powers. According to this doctrine, if a law is passed with the intention of disguising its true character or to achieve an ulterior purpose, it will be considered to be “colourable” or a mere facade, and will be declared invalid.

For example, if the Union Government passes a law on a subject that falls within the exclusive jurisdiction of the State Governments, but the law is designed to undermine the authority of the State Governments, it will be considered to be colourable and will be declared invalid.

Conclusion

In conclusion, the distribution of legislative powers between the Union and the States in India is a complex system that is governed by a number of principles and doctrines. The territorial and topical distribution of powers ensures that the Union and State Governments have exclusive legislative powers in their respective domains, while the concurrent powers enable them to work together on matters of mutual interest. The power of Parliament to legislate on State matters is limited and is subject to strict conditions, such as the territorial nexus and the national interest. The doctrines of territorial nexus, pith and substance, and colourable legislation ensure that the constitutional distribution of powers is respected and adhered to. Overall, the distribution of legislative powers in India is a fundamental aspect of the federal system of government, and it is essential for maintaining the balance of power between the Union and the States.