The distribution of powers is an essential feature of federalism. The object for which a federal State is formed involves a division of authority between the National Government and the separate States. The tendency of f

The distribution of powers is an essential feature of federalism. The object for which a federal State is formed involves a division of authority between the National Government and the separate States. The tendency of federalism to limit the actions of the Government and to split up the strength of the States, is specially noticeable, because it forms the essential distinction between a federal system and a unitary system of Government. A Federal Constitution establishes the dual polity with the Union at the Centre and the States at a periphery, each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. That one is not subordinate to the other in its own field, the authority of one is to co-ordinate with that of the other. In fact, the basic principle of federalism is that the legislative, executive and financial authority is divided between the Centre and States, not by any law passed by the Centre but by the Constitution itself. This is what Indian Constitution does. The Constitution of India makes two-fold distribution of legislative powers (I) with respect to territory; and (2) with respect to subject matter. As regards territory, Article 245(1) provides that subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India. According to clause (2) of Article 245, a law made by Parliament shall not be deemed to be invalid on the ground that it has extra-territorial operation, i.e., takes effect outside the territory of India. Our Constitution-makers have followed the Canadian scheme opting for a strong Centre. However, they added one more List the Concurrent List. The Government of India Act, 1935, introduced a scheme of three-fold enumeration, viz., Federal, Provincial and Concurrent. The present Constitution adopts the method followed by the Government of India Act, 1935, and divides the powers between the Union and the States in three Lists- Union List, the State List and the Concurrent List. Article 246 is related to subject-matter of law-making power of Parliament and State Legislatures. Parliament has exclusive power to make laws with respect to any of the matters enumerated in List-I in the Seventh Schedule. Parliament, subject to clause (I) and Legislature to any State, have power to make laws with respect to any of the matters enumerated in List-III in the Seventh Schedule. Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule. However, our Constitution makes a few exceptions to this general rule by authorising Parliament to make law even on the subjects enumerated in the State List. As it is seen that the powers between the Centre and States are divided and they cannot make laws outside their allotted subjects. It is also true that a scientific division is not possible and questions constantly arise whether a particular subject falls in the sphere of one or the other government. This duty in the federal Constitution is vested in the Supreme Court of India. The Supreme Court has evolved various principles of interpretation in order to determine the respective power of the Union and the States under the three Lists. In reference to the above statements answer the following questions: 'It is almost a universal rule in all the Constitutions, where distribution of legislative powers is provided, that in the concurrent field the Central law prevails, if it conflicts with a State law. However, our Constitution recognizes an exception to this general or universal rule. Discuss.