Distribution of Legislative Powers between the Union and the State

Amresh Choudhary
Assistant Professor
Law College Dhanbad, Dhanbad
9973503996
profamresh@gmail.com
 Distribution of Legislative Powers between the Union and the State

As we know that a federal system postulates a distribution of legislative powers

between the Union and the State. Though the nature of distribution varies
according to the local and political background in each country, the division,
obviously proceeds on two lines -

a) The territory which the Union and the States shall, respectively, have their
jurisdiction.

b) The subjects to which their respective jurisdiction shall extend.

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 Territorial Extent of Union and State Legislation

Article 245. Extent of laws made by Parliament and by the Legislatures of States.

(1) Subject to the provisions of this Constitution, Parliament may make laws for
the whole or any part of the territory of India, and the Legislature of a State may
make laws for the whole or any part of the State.

(2) No law made by Parliament shall be deemed to be invalid on the ground that
it would have extra territorial operation.

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 Territorial Extent of State Legislation

As regards the territory with respect to which the Legislature may legislate,
the State Legislature naturally suffers from a limitation. The jurisdiction of each
State must be confined to its own territory. When, therefore, a State Legislature
makes a law relating to a subject within its competence, it must be read as
referring to persons or objects situated within the territory of the State
concerned.

A State Legislature can make laws for the whole or any part of the State. It is
not possible for a State Legislature to enlarge its territorial jurisdiction under any
circumstances except when the boundaries of the State itself are widened by an
Act of Parliament.
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 Territorial Extent of Union Legislation

Parliament has, on the other hand, the power to legislate for ‘the whole or
any part of the territory of India’, which includes not only the States but also the
Union Territories or any other area, for the time being included in the territory of
India. It also possesses the power of ‘extraterritorial legislation’ which no State
Legislature possesses.

This means that laws made by Parliament will govern not only persons and
property within the territory of India but also Indian subjects residing and Indian
property situated anywhere in the world. No such power to affect persons or
property outside the borders of its own State can be claimed by a State
Legislature in India.
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 Limitations to the territorial jurisdiction of Parliament

The plenary territorial jurisdiction of Parliament is however, subject to some

special provisions of the constitution -

i) As regards some of the Union Territories, such as the Andaman and

Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and
Puducherry Regulations may be made by the President to have the same force as
Acts of Parliament. Such Regulations may appeal or amend a law made by
Parliament in relation to such territory. (Article 240(2)).
ii) The application of Acts of Parliament to any Scheduled Area may be
barred or modified by notification made by the notifications made by the
Governor. (Para 5 of Schedule V).

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 iii) The Governor of Assam may, by public notification, direct that any other
Act of Parliament shall not apply to an autonomous district or an autonomous
region in the State of Assam or shall apply to such district or region or part
thereof subject to such exceptions or modifications as he may specify in the
notification. (Para 12(1)(b) of Schedule VI).
Similar power has been vested in the President as regards the autonomous
district or region in Meghalaya, Tripura and Mizoram respectively by Paras 12A,
12AA and 12B of schedule VI.

It is obvious that the foregoing special provisions have been inserted in view
of the backwardness of the specified areas to which the indiscriminate
application of the general laws might cause hardship or other injurious
consequences.
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