Abstract

Constitution of India (hereinafter 'Constitution') aims to establish quasi-federal system of government (according to Sir K.C. Wheare). It specifically demarcates the legislative competence of the Centre and State in the form of Union list, State List and Concurrent List. Also, the Parliament has powers to make laws on the subjects other than those falls in the Union list by virtue of the residuary powers under article 248 of the Constitution. Article 254 of the Constitution specifically empowers the State legislature to submit a law on the subject/s of Concurrent List for assent to the President. If the President assents, then such law would prevail in the State notwithstanding any legislation on that subject by the Parliament. This paper endeavours to analyse the effect of Article 74 of the Constitution (as amended by 42nd Constitution Amendment Act, 1976 and 44th Constitution Amendment Act, 1978) on the exercise of powers by the President. It concludes that by virtue of the amended text of article 74(1) of the Constitution, (i) the review of law by the Parliament under proviso to Article 254(2) of the Constitution would be the review of the law approved by Parliament itself; (ii) the powers of President under Article 254(2) of the Constitution to assent the law are of no practical significance and are exercisable completely by the Parliament. Therefore, in order to check the overlapping of powers of Parliament on the one side and that of the President on the other, a review of the provisions of Constitution of India is required in order to preserve the true intent of members of the Constituent Assembly and the spirit of the Constitution.

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