Explanation:
The power of the union government is especially more, as compared to states. In the union territories like Delhi, the union government has almost all of the power, though there is an elected state government. This is a matter of controvorsy, as to why our framers made the federal structure this way. I do not want to get into the controversies, but I will try to explain the legal and historical reasons behind this.
I would like to take you through the articles of our constitution to explain this. Let’s begin:
Art. 1: India, that is Bharat, shall be a union of states.
So, it is established that India will be a Federal Union, in which there will be different states. But the power sharing between the states and the centre, and the nature of Federalism has been explained in the other parts of the constitution.
Art. 245: Extent of laws made by the Parliament and the Legislatures of the states:
(1) Subject to provisions of this constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature may make laws for the whole or any part of the state.
(2) No law made by the Parliament shall be deemed to be invalid, on the ground that it would have extra-terrirorial operations.
This makes it clear that the centre has a greater control over laws and jurisdiction of the union, as compared to the states. This is cemented in many other articles.
For example:
Art. 256: The executive power of every state shall be so exercised to ensure compliance with the laws made by Parliament and any existing laws which apply in that state, and the executive power of the union shall extend to the giving o directions to a states may appear to the Government of India to be necessary for that purpose.
Ar. 258: Notwithstanding anything in this constitution, the President, may with the consent of the Government of a state, entrust either conditionally or unconditionally to that Government or its officers functions in relation to any matter to which the executive power of the union extends.
So, it is pretty clear that the states and union territories have to function in compliance with the Parliament. (For Union territories like Delhi and Pudducherry, the power of the union is exponentially higher.) Also, the Parliament can make laws for states, if the Rajya Sabha passes a resolution, asking the parliament to do so.
(This power of the Parliament shall override the power of state)
The union government also has a overriding power when it comes to concurrent list and residual matters (Issues that aren’t mentioned in any list). Thus, in case of overlapping between state and parliamentary laws, the latter shall prevail.
Also, there is the devil’s weapon: President rule.
Art. 356:(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation:
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.
