This distribution of legislative powers is based on two considerations:
(1) The territory over which the federation and the units shall, respectively, have their jurisdiction.
(2) The subjects to which their respective jurisdiction shall extend.
The state legislature suffers from a limitation to which Parliament is not subject, namely, that the territory of the Union being divided amongst the states, the jurisdiction of each state must be confined to its own territory. It is not possible for a state legislature to enlarge its territorial jurisdiction under any circumstances. The Union Parliament has, on the other hand, the power to legislate for ‘the whole or any part of the territory of India’ which includes not only the states but also the union territories or any other area. It also possesses the power of ‘extra-territorial legislation’ (Article 245), which no state legislature possesses.
But this territorial jurisdiction of Union Parliament is subject to three limitations:
(1) As regards some union territories, such as the Andaman and Lakshadweep groups of Islands, regulations may be made by the President to have the same force as Acts of Parliament and such regulations may repeal or amend a law made by Parliament in relation to such territory.
(2) The application of Acts of Parliament to any Scheduled Area may be barred or modified by notifications made by the Governor.
(3) The Governor of Assam may, by public notification, direct that an Act of Parliament shall not apply to an autonomous district or an autonomous region in the State of Assam or shall apply to such district or region or part thereof subject to such exceptions or modifications as he may specify.
Still the Union Parliament has overriding powers. In the event of inconsistency between laws made by Parliament and the state legislatures on any matter in that Union List the former shall prevail. Parliament is further empowered to legislate for two or more states by consent and addition of such legislation by any other state. The residuary power of legislation are with the Union Parliament which has been given exclusive power to make any law on any matter not enumerated in the Concurrent or State List.
Not only this, the Constitution permits the Union government to encroach upon the State List subject in more than one condition. It talks of circumstances under which the Centre can expand the scope of its legislative jurisdiction and circumscribe the powers of the states.
These situations are:
(1) If the Council of States declares by a resolution of two-third of its members present and voting, that it is necessary in the national interest that Parliament shall have power to legislate over such matters. Each such resolution may give a lease of one year to the law in question. A law made by Parliament would not cease to have effect on the expiration of a period of six months. The resolution of the Council of States may be renewed for a period of one year at a time.
(2) If a proclamation of ‘Emergency’ made by the President is in operation. Parliament shall have similar power to legislate with respect to state subjects. The Union law shall cease to be operative after a period of six months.
(3) If the legislatures of two or more states resolve that it shall be lawful for Parliament to make laws with respect to any matters included in the State List relating to those states, the Parliament can grant extension of jurisdiction of Union Parliament by consent of the state legislatures.
(4) If the President makes a proclamation about the failure of constitutional machinery in the states.
(5) If compliance of international obligation or treaty relations demand Union legislation, upon the subject which falls in the State List.
All this makes the Union legislature powerful and all pervading. The interpretation of the three lists has further strengthened the Union government by a convention of ‘Doctrine of Implied Powers’, developed by the Supreme Court. The states have also reconciled to this subordinate position and it is not questioned even politically in the era of coalitional governments.