Understanding Legislative Power Distribution in the Indian Constitution

The Indian Constitution establishes a federal system, which means power is divided between the central government (the Union) and the state governments. A key aspect of this division concerns legislative powers – the authority to make laws. The question asks which Article specifically addresses how these powers are distributed between the Union and the States.

Analyzing the Constitutional Articles

Let's examine the options provided:

• Article 368: This Article deals with the amendment of the Constitution. It outlines the procedures for changing constitutional provisions but does not concern the distribution of law-making powers.
• Article 240: This Article grants the President the power to make regulations for certain Union Territories. It's specific to administrative control in those areas and not the general distribution of legislative powers.
• Article 280: This Article is concerned with the establishment of the Finance Commission, which advises on the distribution of financial resources between the Union and the States. It's related to financial powers, not legislative powers.
• Article 246: This Article explicitly defines the scope of laws that Parliament (the Union legislature) and the Legislatures of the States can make. It demarcates the legislative subjects into three lists:
  • List I (Union List): Subjects on which only Parliament can legislate.
  • List II (State List): Subjects on which only State Legislatures can legislate (with some exceptions).
  • List III (Concurrent List): Subjects on which both Parliament and State Legislatures can legislate, though Union law generally prevails in case of conflict.
  Therefore, Article 246 is the primary Article dealing with the distribution of legislative powers.

Conclusion on Legislative Powers

Article 246 of the Indian Constitution is the specific provision that delineates the subject matter of laws to be made by Parliament and by the State Legislatures, thereby distributing legislative powers between the Union and the States.