LEGISLATIVE POWERS OF THE STATE LEGISLATURE.

Article 245to 255 of the constitution deal with the Legislature powers of parliament and state legislatures, Under article 245 , Subject to the provison of the constitution, the Legislature of the state may make laws for the whole or any part of the state. Article 246 precisely defines jurisdiction of the parliament and the state legislature.The seventh schedule to the Constitution contains three lists ,known as:- (a) Union list (b) Concurrent list) (c) State list .As per article 246 of the constitution, the parliament has exclusive jurisdiction to enact on the matters enumerated on the Union list and the state legislature has exclusive jurisdiction to enact on matters  enumerated in the state list .In regard to the matters enumerated in the concurrent list both the parliament and the state legislature have powers to make laws . Article 249 also empowers the parliament to enact even in respect of matters included in the state list in the National interest and also when a proclamation of Emergency is in operation under Article 250 .If any provision of a law enacted by the state legislature is repugnant to any provision of a law made by parliament with respect to matters enumerated in the concurrent list or under Article 249 and 250 , the law made by the parliament shall prevail, and the law made by the state legislature shall to the extent of repugnancy be inoperative, so long as the law made by the parliament continues to have effect (Article 251and 254). However, clause 2 of Articles 254 provides that if any provision of a law made by the state legislature with respect to a matter enumerated in the concurrent list is repugnant to the provisions of an earlier law made by the parliament or an existing law with regard to that matter , then the law so made by the Legislature shall prevail in that state .If it has been reserved for the consideration of the president and has received his assent.This position will prevail so long as the parliament does not enact a law with respect to the same matter adding to , amending varying or repealing the law so made by the Legislature of a state .

No comments:

Post a Comment