Can States Refuse to Implement Central Laws?
- India- Federal Constitution – Distribution of powers between the Centre and the States.
- Federalism inspired from Government of India Act 1935
- The legislative powers distributed between the Union and State Legislatures through three lists under the Constitution- 7th schedule
- The Constitution makes a two-fold distribution of legislative powers:
- With Respect to Territory.
- Art. 245 (1) 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
- Distribution of Legislative Subjects under Art. 246 read with 7th Schedule.
- Art. 246 provides: Parliament has exclusive power to make laws with respect to any of the matters enumerated in the List I (Union List)
- Legislature of any State has exclusive power to make laws for such State with respect to any of the matters enumerated in List II in the Seventh Schedule.
- As per Article 246 both the Parliament and State legislature have the power to legislate wrt Concurrent List.
- However, there is predominance of the Union Parliament in matters of legislative law making.
States to implement Central laws- Part XI
- Part XI of the Constitution, which governs the relationship between the Centre and the states, says that states are bound to implement the laws passed by Parliament.
Can a state challenge Central Law ?
- 131. Original jurisdiction of the Supreme Court.—Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute—
- (a) between the Government of India and one or more States; or
- (b) between the Government of India and any State or States on one side and one or more other States on the other; or
- (c) between two or more States,
- if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends
- 32. Remedies for enforcement of rights conferred by Fundamental Rights.
- 226. Power of High Courts to issue certain writs
Powers of Centre are much wider than states
- Article 249 empowers Parliament to make laws even on state subjects in the national interest- (Rajya Sabha’s Resolution passed with not less than 2/3rd MPV is required).
- Art.250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
- Art. 253 Legislation for giving effect to international agreements.
- Art. 256- Obligation of States and the Union.—The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose
365 Effect of failure to comply with, or to give effect to, directions given by the Union
- Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
356 Provisions in case of failure of constitutional machinery in States
- (1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation apply President’s rule in the Sates.