Day 11 – Q 3.How do law making powers of the state legislative assemblies differ from that of the Parliament? Illustrate.
3. How do law making powers of the state legislative assemblies differ from that of the Parliament? Illustrate.
विधानसभा की कानून बनाने की शक्तियां संसद से अलग कैसे होती हैं? उदाहरण देकर स्पष्ट करें।
Introduction:
Under the federal structure of Indian Constitution, the legislative powers are divided between the Centre and the State as per Schedule seventh.
Body:
Differences between respective powers of Centre and the states
- Different domains- States can make laws on the state list and concurrent list, whereas Parliament can make laws for Union list, concurrent list and even state list in certain situations (National Emergency and President rule).
- Residuary subjects- Only Parliament can make laws on residuary subjects
- Precedence- Laws made by the Parliament prevail, when both Parliament and states have made laws on the subjects in concurrent list.
- Amendment- Only Parliament has the power to amend the Constitution.
- Power of houses- In Parliament, both houses have equal powers in case of ordinary bills whereas in states, legislative assembly has overriding powers in case of ordinary bills.
- Joint sitting- In case of a disagreement between houses in Parliament, joint sitting of houses can be held. However, no such provision is there in case of state legislatures.
- Provisions related to states- Changing name of states, altering their boundaries, reducing or increasing area of states falls under the purview of Parliament.
- Reservation of bill- Governor can reserve a state bill for the assent of President, and President is not obligated to give his assent even when the bill is presented for the second time. However, in case of bill passed by Parliament, President is obligated to give his assent if the bill has been passed for the second time after being returned by him.
- Different treatment of bills as per their origin- A bill originating in Legislative Council, if rejected by legislative assembly, becomes dead. This, however, is not the case for a bill originating in Rajya sabha in Parliament.
Conclusion:
Thus, despite being a federal state, more powers have been accorded to the Parliament giving it a unitary bias. To maintain a co-operating and competitive federalism, it is required that Parliament must use its overarching powers judiciously and respect the independence of state legislatures.
Best Answer: Navdeep Kumar
