QUE : The Constitution of India clearly provides for the division of legislative powers between the Union and the States.

Articles 245 to 255 under Part 11 of the Constitution of India provide for the legal relations between the Centre and the States. Which clearly distribute powers between the Centre and the States. This distribution is shown in the Seventh Schedule to the Constitution, which consists of three lists as follows.

1) Union (Union) List – Currently there are 98 subjects. (Earlier there were 97)

2) State List – Currently there are 59 subjects. (Earlier there were 66)

3) Concurrent List – Currently there are 52 subjects. (Earlier there were 47)

•  Union List:
  

•  The Union List includes subjects on which only the Central Government can make laws.
  
•  Some examples of subjects included in the Union List: Defence and Armed Forces, Atomic Energy, Railways, Foreign Affairs and International Relations.
  
•  These subjects come under the legislative jurisdiction of the Central Government only, and the States cannot make laws on these subjects.

•  State List:
  
•  The State List includes such subjects on which the State Government has the right to make laws.

•  Examples of some subjects on which the State Governments can make laws are: Public health and sanitation, agriculture and irrigation etc.
  
•  These subjects come under the legislative jurisdiction of the State Governments only and the Central Government cannot make laws on these matters. But in special circumstances like emergency, the Centre gets the right to make laws. Similarly, any two or more States can come together and delegate the right to make laws on the subject of the State List to the Centre.
  
•  Concurrent List:
  
• The Concurrent List contains such subjects on which both the Central Government and the State Governments can make laws. Subjects of this list:

o Marriage and Divorce

o Criminal Law and Procedure

o Bankruptcy

o Education etc.

•  Both the Centre and the States can make laws on these subjects, but in case of conflict between the Central law and the State law, the Central law is considered to be supreme.
  

4. If any subject is not mentioned in any of the lists, the Central Government has the power to make laws on it.

5. The Central Government has residuary powers, which allow it to make laws on matters not covered in any of the lists.

6. This distribution of legislative powers maintains a balance between the Centre and the States by covering both the national and regional administrations.

                    From the above provisions, it is clear that the position of the Central Government is stronger in terms of making laws on certain subjects in the Constitution. In this regard, the Sarkaria Commission (1983-SS) has stated that federal supremacy is important for eliminating tension between the laws of the Centre and the States and for developing cordial relations and for the integrity of the country.