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Question

Explain the three fold distribution of legislative powers between union and state government.


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Answer:

The Constitution of India has given a threefold distribution of legislative powers between the Union Government and the State Governments. There are 3 different lists known as Union List, State List, and Concurrent List.

  • The subjects coming under Union List are controlled by the Union Government. Only the Union Government will have the power to make laws on such subjects.
  • The subjects coming under the State List are controlled by the State Government.
  • For the subjects which come under the Concurrent List, both State Governments and Central Government have the power to make laws. If there are conflicts in the laws made by the Central Government and State Governments then the laws made by the Central Government will prevail.
  • The Union Government has the power to make laws on ‘residuary subjects’. These are the subjects which do not come under the Union List, State List, and Concurrent List.
  • The subjects which come under the State List are Marriage, Adoption, Succession; trade unions, forests, agriculture, irrigation, trade, and police.
  • The subjects which come under the Union List are currency, communications, banking, foreign affairs, defence of the country.
  • Subjects related to defence, foreign affairs, etc are included in the Union List, because there has to be a uniform policy on such matters throughout the country. For example, a country cannot have different policies when the country faces external aggression; having multiple policies will not be wise to protect the integrity, unity and sovereignty of the nation.

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