Revisiting Article 246 And The Distribution Of Legislative Power: Implications For Cooperative And Competitive Federalism In India
- IJLLR Journal
- 2 hours ago
- 1 min read
Srijan Kumar Dubey & Simran Sethi, LL.M (Corporate Law),University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University
ABSTRACT
This research paper critically examines Article 246 of the Indian Constitution and its impact on Union-State legislative power sharing. It also examines how Article 246 shaped cooperative and competitive federalism. This article defines the Union and State governments' legislative powers, exemplifying India's quasi-federal structure. The Union, State, and Concurrent Lists divide power between the Union and States. This allocation of power was meant to balance Central and state control, but recent political and governance changes have raised questions about its ability to preserve cooperative and competitive federalism.
This paper also examines Article 246's provisions, historical background, and justifications. It faces challenges from rising centralisation, disagreements between the Union and the States, and judicial interpretations that have led to a power imbalance. This study studies recent events to show how Indian federalism evolved from a cooperative model, where the Central and State governments collaborate, to a competitive model, where states compete for resources and investments. The report also investigates how the judiciary resolves Concurrent List conflicts.
The study concludes that Article 246 should be revised to reassess legislative powers, improve coordination between the two governments, and ensure equitable resource distribution to support both types of Federalism. The report emphasises that India Federalism's survival depends on balancing Central authority and State autonomy to handle governance concerns.
Keywords: Article 246, Legislative Power Sharing, Cooperative Federalism, Competitive Federalism, Union-State Relations
