Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.

1. LEGISLATIVE RELATIONSHIP
Federal Features
The federal features of the Constitution include:
(1) A written constitution which defines the structure, organization and
powers of the central as well as state governments
(2) A rigid constitution which can be amended only with the consent of
the states
(3) An independent judiciary which acts as the guardian of the
constitution.
(4) A clear division of powers between the Center and the States through
three lists- Union list, State list and Concurrent list
(5) The creation of an Upper House (Rajya Sabha) which gives
representation to the states, etc.

2. NON – FEDERAL FEATURES
THE CONSTITUTION ALSO CONTAINS A NUMBER OF UNITARY
FEATURES:
• The creation of a very strong centre.
• The absence of separate constitutions for the states.
• The right of Parliament to amend major portions of the constitution by itself.
• A single citizenshito the states in the Rajya Sabha.
• The right of Parliament to change the name, territory or boundary of states
without their consent.
• The presence of All- India Services which hold key positions in the Centre as
well as the States appointment of the Governor by the Presidentp for all.
• Unequal representation .

3. NON – FEDERAL FEATURES
• The granting of extensive powers to the President to deal
with various kinds of emergencies.
• The right of Parliament to legislate on state subjects on the
recommendation of the Rajya Sabha.
• The presence of a single judiciary with the Supreme Court of
India at the apex.
• The residuary powers under the Indian Constitution are
assigned to the Union and not to the States.
• The exclusive right of Parliament to propose amendments to
the Constitution.
• On account of the presence of a large number of non-
federal features in the Indian Constitution India is often
described as a ‘quasi-federal ‘country.

4.  Territorial Extent of Legislative Power: 245
 The Parliament has wide legislative powers to
make laws for whole territory of India which
includes UTs, States and any other area for time
being included in the territory of India.
 Law made by parliament shall not deemed to be
invalid on the ground of extra territorial operation
 The State Legislature has legislative powers to
make laws only for whole or any part of state but
can’t exceed its jurisdiction beyond the boundaries
of state.

5.  Only Parliament is empowered to make laws for extra
territorial operation. It means legislation or legal protection
for any Indian resident and their property anywhere in the
world. Limitations to Parliament Territorial Jurisdiction –
The extensive legislative power of Parliament is subjected to
following special provisions of the constitution:-
 Union Territory – The President can make regulations in
relation to four UTs (Andaman, Lakshadweep, Dadra and
Daman) which have same force as law of Parliament but
such regulations can be amended or repeal by Parliament
(Article 240(2)).

6.  Scheduled Area – Notwithstanding anything in the
Constitution, governor may direct that any particular act of
Parliament or state legislature shall not apply to Scheduled
Area or shall apply with such exceptions or modifications as
may be notified (5th Para of Fifth Schedule).
 Tribal Area – The Governor of Assam may direct that any
act of Parliament or State legislature shall not apply to an
autonomous district/region in Assam or shall apply with such
exception or modifications as may be notified. The Same
power is vested with President in relation to autonomous
regions of Meghalaya, Tripura and Mizoram (Sixth
Schedule).

7. DOCTRINE OF TERRITORIAL NEXUS
 It signifies that object to which the law applies need not
be physically located within territorial boundaries of the
state.
 If there is a territorial nexus between the state law and
the subject matter of the law ,then the statute in question
is not regarded as having extra territorial operation .

8. Doctrine of territorial nexus :- to decide whether or not a
state law has an extra- territorial operation the doctrine of
territorial nexus is invoked.
 State of Bombay V. RMDC. 1957.
 A sufficient nexus between the state making law and the
object of the law .
 The nexus must be real and not illusory.
 It is not essential that the object to which law is applied
should be physically located within the boundaries of the
state making law.

9.  The constitution of India very clearly distributes the
legislative powers, between the centre and states. Both the
sets of Governments can frame laws independently in their
respective spheres. There are three lists of powers given in
the constitution.
 Union List
In the union list there are 97 subjects. The laws on all
these subjects can be framed by the Federal
Government, i.e. the Parliament of India. The list contains
subjects of national importance. These subjects concern
all the citizens of India equally.

10.  State List -
In the state list there are 66 subjects. These subjects can
be legislated upon by the states, subjects mentioned in
the list are like the law and order, police, jails, public
health, education, agriculture, local-self government,
hospitals, justice, organization of judiciary except
Supreme Court and High Courts, forests, revenue and
unemployment etc.
 Concurrent List -
There are 47subjects in the concurrent list. The subjects
mentioned in the concurrent list are-like the marriage,
divorce, criminal law, civil procedure, newspapers, books
and printing press.

11.  Residuary Powers -
Residuary powers have been allotted to the central
government by the constitution. But in U.S.A. and
Switzerland the residuary powers have been given to the
states. It seems that the framers of the constitution have
followed the Canadian examples with a view to keep the
centre in a very strong position.

12. PRINCIPLES OF INTERPRETATION OF LIST
 Each entries to be interpreted broadly :-
 The entries in 3 list are not always set out
with scientific precision or logical definition .
 The entries in the list give outline of the
subject matter of legislation and should
therefore be given widest amplitude.
 Each entry must be described by words of
broad and general import.

13.  Local govt., education, water ,agriculture and land the
entries open with general import.
 In Elel Hotel and investment ltd.v. union of India 1990,
the cardinal rule of interpretation is that the entries in the
list are not to be read in a narrow or restricted sense and
that each general word should be held to extend to all
ancillary or subsidiary matters which can fairly and
reasonably be said to be comprehended in it.

14. HARMONIOUS INTERPRETATION OF
THE ENTRIES.
Inter relation between the entries
52 of list I
24 and 27 of list II
33 of list III deals with the various
aspects of industries.

15.  Doctrine of pith and substance :
is a legal doctrine in Canadian constitutional interpretation
used to determine under which head of power a given
piece of legislation falls. The doctrine is primarily used
when a law is challenged on the basis that one level of
government (be it provincial or federal) has encroached
upon the exclusive jurisdiction of another level of
government.

16. Pith means "true nature" or "essence" and
substance means the essential nature
underlying a phenomenon. Thus, the
doctrine of pith and substance relates to
finding out the true nature of a statute.
In Balsare case a state law enforcing
prohibition is valid because it prohibits
purchase ,use ,possession ,transport and
sale of liquor (entry 8,list II) and it only
incidentally encroaches on the central power

17.  Profulla kumar mukerjee v. bank of khulna AIR 1947. pc60
the validity of the Bengal money lenders Act 1946,which
limited the amount and the rate of interest recoverable by the
money lender on any loan was challenged on he ground that
it is related to the promissory notes a central subject.
 The PC held that the Act was in pith and substance a law in
respect of money lending and money lenders a state subject.

18.  The industrial dispute Act enacted by parliament even
though it applies to employees of municipalities is valid as in
substance it deals with industrial and labour dispute (entry
22list III) and not with local govt. (entry 5,list II)
 A state law banning use of amplifiers after 10P.M. is valid as
it seeks to control use of amplifiers in the interests of
health(entry 6 list II) and it incidentally touches upon (entry
31 list I)

19. Doctrine of colourable legislation :-
 “ you cannot do indirectly what you cannot do directly.”
 It simply means a legislation which ,while transgressing
constitutional limitation is made to appear as if it were quite
constitutional .
 Bailey v. Drexel furniture Co. 1922 (259) US 20. The congress
enacted the child labour tax law 1919,imposing a tax of 10% on
net profit of the year. the court struck down the law and held that it
was not valid exercise by congress of the power of taxation.
Congress tried to regulate a subject over which it had a no
jurisdiction.

20.  S.S Bola v. B.D Sardana AIR 1997,court held that when the legislature
travelled beyond its power or competence or in transgression of the
limitation imposed by the constitution itself that the enactment would be
called a colourable legislation.
 Doctrine of fraud on power :- legislature had the power but it did not
exercise it.
 Fraud on constitution :- the legislature has no power and in spite of
constitutional limitation or prohibition ,it made enactment in
pretence of the power.
 K.T. Moopil Nair v. state of kerala AIR 1961,the Travancore cochin Tax
Act 1955.
 State of Bihar v. Kameshwar singh .1952,the Bihar land reform Act 1950.

21.  Doctrine of occupied field :-
The general concept of Occupied Field refers to the situation
where two legislative authorities have jurisdiction (or legislative
competence) to legislate over one particular subject or field.
When the superior legislative authority has already enacted
legislation on the subject or field, regardless of the fact whether it
is exhaustive or otherwise, it precludes the remaining legislative
body from enacting any law thereon, as the field is already
"occupied".

22.  Doctrine of occupied field thoroughly refers to
those legislative entries of state list which are
expressly made subject to a corresponding entry in
either the union list or the concurrent list.
 It is merely concerned with the existence of
legislative power. Repugnance is concerned
with the exercise of legislative power that is
shown to exist.
 Under art. 254 as soon as a union receives the
assent of the president, it is said to be a law made
by the parliament. Actual commencement of the
law is not important for the purpose of attracting

23. Repugnancy Between Centre and State
Law, Art.254 :-
 It arises when there is a direct conflict
i.e., these laws are fully inconsistent and
have absolutely irreconcilable provisions.
 Both the laws occupy the same field.
 Deep chand v. state of UP. AIR 1959.

24.  Kanaka gruha nirmana sahakara sangha v.narayanamma.
2003 SC.
 There must be repugnancy between state and the law made
by parliament .
 If there is a repugnancy ,the state legislation would be void
only to the extent of repugnancy.
 If there is no repugnancy between the two laws ,there is no
question of application 254.

25.  Srinivasa raghavachar v. state of karnataka AIR 1987,
the advocates Act 1961 ,has been enacted by parliament
under entries 77 and 78 of list I. A state law prohibited
legal practitioners from appearing before land tribunal.
the state law was held invalid as it was repugnant to
central law .

26.  Vijay kumar sharma v. state of Karnataka 1990,
 The state of Karnataka enacted karnataka contract carriages
Act.1976.under entry 42 list III ,providing for acquisition of
contract carriage.
 Parliament enacted the motor vehicles Act 1988 under entry
35 list III providing the grant of contract carriage permits.
 The court held that art.254 (1) would not apply in such
situation where the subject matter of both the statutes and the
object of two sets provisions being different “ both statutes can
stand together.

27. Art. 254 (2) is an exception to the general
rule laid down in Art.254(1) this art. Has
been conceived with a view to save state
laws falling in the concurrent list from
being superseded by central law because
of the operation of the rule of repugnancy

28.  Delegated legislation:-
• It is made when competent legislature permits for
making such legislation.
• Delegated legislation is mostly made by the executive.
In re : Delhi laws Act AIR 1951,SC 332,the court has
concretised the limits of delegated legislation.
a) Legislature cannot delegate unlimited power.
b) It can delegate such ancillary and subsidiary power.
c) The legislature cannot abdicate its law making
power.
d) Power of repealing law is essential legislative power
and as such cannot be delegated.

29.  Delegated legislation must be consistent with the
constitution and the parent Act .
 Delegated legislation must be transparent and
accountable.
 Example :-
• essential Commodities Act 1955.
• Environment protection Act.1986.