Distribution of Legislative Powers under Constitution (Articles 245-255)

India is described in the Constitution as a Union of States. Though the word “federal” is not expressly used, the constitutional structure clearly reflects a federal arrangement where powers are divided between the Union and the States. One of the most important aspects of this federal structure is the distribution of legislative powers between the Parliament and the State Legislatures.

Articles 245 to 255 of the Constitution of India, read with the Seventh Schedule, lay down how law-making powers are divided, exercised, and controlled. These provisions ensure that both levels of government function within their assigned fields while maintaining national unity and constitutional supremacy.

The scheme of distribution is influenced by the Government of India Act, 1935, but the Indian Constitution adopts a stronger Centre to meet the needs of a diverse country. The legislative powers are not absolute; they are subject to fundamental rights, other constitutional provisions, and judicial interpretation.

Constitutional Scheme of Distribution of Legislative Powers

The Constitution adopts a three-fold distribution of legislative subjects through the Seventh Schedule:

1. Union List (List I)
2. State List (List II)
3. Concurrent List (List III)

This division is based on the nature and importance of subjects. Matters of national importance are placed under the Union List, matters of local or regional importance under the State List, and subjects of common interest under the Concurrent List.

According to constitutional theory, as explained by Dicey, distribution of powers is an essential feature of a federation. The objective is to prevent concentration of authority and to allow parallel governments to function independently within their respective spheres.

Article 245: Extent of Laws Made by Parliament and State Legislatures

Article 245 deals with the territorial extent of laws made by Parliament and the State Legislatures.

Article 245(1): Territorial Operation

• Parliament may make laws for:
  • The whole of India, or
  • Any part of the territory of India.
• A State Legislature may make laws for:
  • The whole of the State, or
  • Any part of that State.

This provision establishes the basic territorial limits within which legislative bodies operate.

Article 245(2): Extra-territorial Operation

Clause (2) clarifies that a law made by Parliament shall not be invalid merely because it has extra-territorial operation. This means that Parliament can enact laws that operate beyond Indian territory, such as laws relating to citizenship, taxation of foreign income with sufficient connection, or international obligations.

However, State Legislatures do not enjoy this power. A State law having extra-territorial effect is invalid unless it can be justified on the basis of territorial nexus.

Doctrine of Territorial Nexus

The Doctrine of Territorial Nexus allows a State Legislature to make a law that may incidentally have extra-territorial operation, provided there is a real and substantial connection between the State and the subject matter.

Two conditions must be satisfied:

1. The connection must be real and not illusory.
2. The liability imposed must be related to that connection.

Courts have upheld State laws where sufficient territorial nexus exists, especially in taxation matters, lotteries, sales tax, and charitable trusts.

This doctrine ensures flexibility while preventing States from legislating beyond their legitimate territorial authority.

Article 246: Subject-Matter of Laws Made by Parliament and State Legislatures

Article 246 deals with the subject-wise distribution of legislative powers and gives constitutional authority to the three lists in the Seventh Schedule.

Article 246(1): Union List

Parliament has exclusive power to legislate on subjects enumerated in the Union List. These subjects are of national importance and require uniformity across the country.

Examples include:

• Defence and armed forces
• Foreign affairs and diplomacy
• Banking and currency
• Atomic energy
• Citizenship
• Railways and national highways

Article 246(2): Concurrent List

Both Parliament and State Legislatures can legislate on subjects in the Concurrent List, subject to the supremacy of Parliamentary law.

Examples include:

• Criminal law and procedure
• Civil procedure
• Marriage and divorce
• Transfer of property (excluding agricultural land)
• Labour welfare
• Education

Article 246(3): State List

State Legislatures have exclusive power to legislate on subjects in the State List, subject to clauses (1) and (2).

Examples include:

• Public order and police
• Public health and sanitation
• Agriculture
• Local government
• Markets and fairs

Article 246(4): Union Territories

Parliament has the power to legislate for Union Territories on any subject, including those in the State List. This reflects the administrative nature of Union Territories.

Doctrine of Pith and Substance

The Doctrine of Pith and Substance is applied when a law appears to fall under multiple legislative lists. The court examines the true nature and dominant purpose of the legislation.

If the main subject of the law falls within the competence of the legislature that enacted it, the law remains valid even if it incidentally encroaches upon another list.

This doctrine prevents rigid interpretation of legislative entries and ensures functional governance.

Doctrine of Colourable Legislation

The Doctrine of Colourable Legislation is based on the principle that what cannot be done directly cannot be done indirectly.

If a legislature lacks competence over a subject but attempts to legislate on it under the guise of another entry, the law is considered colourable and unconstitutional.

The doctrine focuses on legislative competence, not legislative motive. If the legislature has the power, the law is valid even if its purpose is questionable. If it lacks power, the law fails regardless of intent.

Article 247: Power of Parliament to Establish Additional Courts

Article 247 empowers Parliament to establish additional courts for the better administration of laws made by Parliament or existing laws relating to matters in the Union List.

This provision ensures effective enforcement of central laws and allows Parliament to strengthen judicial mechanisms wherever necessary.

Article 248: Residuary Powers of Legislation

Article 248 confers residuary legislative powers exclusively on Parliament.

This means Parliament can legislate on

• Any matter not mentioned in the State List or Concurrent List
• Any tax not mentioned in either list

Entry 97 of the Union List reinforces this power. This provision reflects the strong Centre model adopted by the Indian Constitution and ensures legislative certainty for emerging subjects such as technology and cyber law.

Article 249: Parliamentary Power in National Interest

Article 249 allows Parliament to legislate on State List subjects when national interest demands.

Conditions:

• The Council of States (Rajya Sabha) must pass a resolution.
• The resolution must be supported by at least two-thirds of members present and voting.
• The resolution remains valid for one year and can be renewed.

Laws made under this Article cease to operate six months after the resolution expires.

This provision allows swift legislative action without declaring an emergency.

Article 250: Parliamentary Power During Emergency

Article 250 empowers Parliament to legislate on State List subjects during the operation of a Proclamation of Emergency.

Such laws:

• Apply to the whole or any part of India
• Cease to operate six months after the Emergency ends

This provision temporarily removes federal limitations to deal with extraordinary situations affecting national security or stability.

Article 251: Inconsistency Between Union and State Laws under Articles 249 and 250

Article 251 resolves conflicts between Parliamentary laws made under Articles 249 or 250 and State laws.

• State Legislatures retain the power to legislate.
• However, if there is repugnancy, the Parliamentary law prevails.
• The State law remains inoperative only during the operation of the Parliamentary law.

Article 252: Legislation by Consent of States

Article 252 enables Parliament to legislate on State List matters with the consent of two or more States.

Key features:

• States pass resolutions authorising Parliament to legislate.
• The law applies only to consenting States.
• Other States may adopt the law later.
• Only Parliament can amend or repeal such laws.

This provision promotes cooperative federalism.

Article 253: Legislation to Implement International Agreements

Article 253 empowers Parliament to make laws for implementing:

• International treaties
• Agreements and conventions
• Decisions of international conferences or bodies

This power applies even if the subject falls under the State List. It ensures that India can fulfil its international obligations effectively.

Article 254: Inconsistency Between Central and State Laws

Article 254 deals with conflicts between Parliamentary and State laws on Concurrent List subjects.

Article 254(1): General Rule

If a State law is repugnant to a Parliamentary law, the Parliamentary law prevails and the State law is void to the extent of repugnancy.

Article 254(2): Exception

A State law can prevail if:

• It relates to a Concurrent List subject
• It is repugnant to an earlier Parliamentary law
• It has received the President’s assent

However, Parliament can later override the State law by enacting another law.

Article 255: Procedural Requirements

Article 255 provides that a law will not be invalid merely because required recommendation or previous sanction was not obtained, provided the Act received proper assent.

This provision treats such requirements as procedural rather than substantive.

Conclusion

The distribution of legislative powers under Articles 245–255 reflects a carefully balanced federal structure with a strong Centre. While States enjoy autonomy in their legislative fields, the Constitution ensures national unity through parliamentary supremacy in key situations.

Emergency provisions, residuary powers, and treaty implementation powers clearly tilt the balance in favour of the Union. As a result, India is often described as a quasi-federal State, combining federal features with unitary characteristics.