Compare the Constitution and state laws

This Article is written by Ananya Shri Singh of 5^th Semester of BALLB(HONS) of Indore Institute of Law, Madhya Pradesh, Intern under Legal Vidhiya

Abstract

The constitution of India has been the result of immense hard work, perseverance for straight 2 years 11 months. The main aim of framing such a masterpiece has been to provide a pathway or a way forward for the future generations to come and administer the country with the necessary changing needs of the society. The Constitution is the fundamental law of the land, it is very explicitly mentioned that the no law should be in derogation of the provisions provided in the constitution.

The constitution of India has various features, amongst which the most striking feature is the demarcation of powers into various hands for instance the laws related to certain subject matters are vested in the central whereas certain matters are vested with the state government, there is this clear separation or more specifically division of power which is referred as federal character. The constitution of India thus has federal form of government.

It is a condition precedent that any law made either by the centre or the state must be in consonance with the basic structure of the constitution as was laid down in the landmark case of Keshav Nanda Bharati case (1976).[1] Here in this the author has tried to give a brief picture of the constitution, how it works, the various landmark judgement and the state law, the author has also intended to show case the difference between the constitution and the state laws

Introduction

The constitution of India is the supreme law of the land, all other law be it central law or state law work under its supremacy. There were various committees set up in the constituent assembly to look after the major issue and incorporate such provisions into the constitution. Much provisions were taken from the Government of India Act, 1935.[2] Dr. B. R. Ambedkar who was at time the law minster presented the first draft of the constitution which finally was enforced on 26 th January 1950.[3]

Constitution and the Constitutional law

The Constitution in very simple words can be said to be a document which lays down the rules and regulations for the smooth conduct of affairs, the relation or managerial functions amongst different organs of the government namely the executive, Legislative and the judiciary, the constitution ensures that every section of the society is given opportunity and none is neglected.

Constitutional law as the name suggest are the laws related to constitution, interpretation and implementation of the various rights given to a person on a general as well as individual basis. The constitution guarantees various rights to its citizen not only this the various institutions such as judicial courts hold their position only because they are recognised as the authorised body in the constitution of India.

Features of Constitution

1. Separation of power – The constitution of India, incorporates the Montesquieu separation of power where there is division of power between the three organs of the government namely, executive, legislative and the judiciary[4]
2. Judicial Review – The concept of Judicial Review has been mentioned in the constitution of India where the judiciary considers the matter and hence take actions as required.
3. Federal System[5] – The concept of giving powers to make laws on various subject to the centre as well as state government is one of the concepts that is incorporated in the constitution and this feature is the most striking and makes it a one of the most unique features as compared to other constitution of different nations.
4. Emergency Provisions – Under certain circumstances and situation the emergency can be imposed nationwide or in the entire state or any part of the nation as the condition demands. During the imposition of emergency provisions, the fundamental rights of an individual remain suspended.[6]
5. Fundamental Rights – The Constitution of India mentions the concept of fundamental rights the basic rights which an individual requires to lead a life full of dignity. These rights are incorporated in Part III of the Constitution, Article (12-32).
6. The Directive Principles of State policy. – These are in the form of directions to the state so that the welfare of the citizens must be ensured.

State laws in India

As earlier mentioned, the Constitution of India, The main purpose of Legislature is to make laws, pass a bill etc. To understand the working of Legislature or Legislative Procedure let us first bandy the term “Bill”. By Bill, we mean a draft of the legislative offer. This bill after getting assent from both the Houses of Legislature becomes an Act after getting assent from the Governor. Composition 196 of the Indian Constitution tells us about the vittles of the preface and end of the Bill. Except for the plutocrat Bill and the Financial Bill( procedure of passage of these bills are given in Composition 198 and 207), the other bills can be introduced in either Houses of the council. Any bill is said to be passed only when it got assent from both the Houses of the council. Then both the Houses should agree on the correction made to the bill. A bill would not lapse when it’s pending in the House and there’s the prorogation of that House. A bill pending in the Legislative Council of any state which isn’t passed by the Legislative Assembly shall not lapse indeed on the dissolution of the Legislative Assembly. Also, there’s a condition mentioned in Composition 196 which states that if there’s a bill pending in the assembly and at that time the assembly dissolute, also the bill will also lapse eventually. The bill will also lapse if it’s passed by the assembly and is pending by the Council.

Ordinary bills and Money Bills.

Ordinary Bills The provision or the procedure related to Ordinary Bill is bandied in Article 196[7] of the Indian Constitution. The main purpose of the State Legislature is law- making as formerly being bandied in this composition before. The council can make laws on State List as well as on Concurrent List. Ordinary Bill can be introduced in either of the Houses. The process given in Composition 196 is applied then and formerly it gets the sign from the Governor it becomes law. The Governor has the power to issue constitution when there’s a need of any law and the council isn’t in session. plutocrat Bills A plutocrat Bill is a bill that’s concerned with government spending or taxation. The procedure to pass a plutocrat Bill is relatively different from the Ordinary Bill. Its procedure is given in Article 198 of the Indian Constitution[8]. According to this Composition of the Constitution of India, the plutocrat Bill can only be introduced in the Lower House i.e. in Legislative Assembly. After the plutocrat Bill is passed by the Legislative Assembly and in that state, also this bill would be encouraged to the Legislative Council for its recommendations. The same bill should be returned to the assembly within fourteen days from the date of entering the bills. The assembly can either accept the recommendation or can deny any recommendations according to the discretion of the assembly. The same bill is also again transferred to the Council and the Council has a time period of fourteen days to pass the bill. In case the Legislative Council fails to do so, also, it’s supposed to be passed by both the Houses.

Language to be used in the Legislation

Article-210, All the proceedings in the State Legislature like the law- making process should be in the sanctioned language or in the language of the state or in Hindi or in English. It’s given in Composition 210 of the Indian Constitution. Then, under the special circumstances the Chairman or Deputy Chairman may allow the member to use other languages (who cannot express himself herself in any of the languages as mentioned over in this composition). Then, the part of language which is to be used in the legislation becomes veritably vital. still, there’s a provision that determines that if the State Legislature doesn’t make any law for using the English language indeed after fifteen times, also the word English from Article 210[9] will get excluded by itself.

Conclusion

The feature of federal system of government where the powers are divided between the two governments at the state level and the central level, the division of powers minimises the room for any arbitrary action or policies being framed by the government. Through this doctrine or concept the proper functioning of various affairs of the government. The state laws framed by the respective state legislature ensure that the particular laws are made and implemented as required and as necessary to change or introduce a change to that state concerned.

The state laws can be made on only few subject matters which have been provided in the constitution of India, otherwise the rest of the subject matter are framed by the Central government. 

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[1] Keshav Nanda Bharati v. State of Kerala

[2] The Government of India Act, 1935.

[3] Enforcement of the Constitution of India, 1950.

[4] Article 50 of the Constitution of India, 1950.

[5] Indian Polity – Lakshmikant, Edition 6^th.

[6] Article 352, The Constitution of India, 1950.

[7] Article 196, The Constitution of India, 1950.

[8] Article 198, The Constitution of India.

[9] Article 210, The Constitution of India.