Chapter I - Legislative Relations
Article
245 Extent of laws made by Parliament and by the Legislatures of
States
(1) Subject to the provisions of this
Constitution, Parliament may make laws for the whole or any part of
the territory of India, and the Legislature of a State may make laws
for the whole or any part of the State.
(2) No law made by
Parliament shall be deemed to be invalid on the ground that it would
have extra-territorial operation.
Article
246 Subject-matter of laws made by Parliament and by the Legislatures
of States
(1) Notwithstanding anything in clauses (2)
and (3), Parliament has exclusive power to make laws with respect to
any of the matters enumerated in List I in the Seventh Schedule (in
this Constitution referred to as the "Union List").
(2)
Notwithstanding anything in clause (3), Parliament, and, subject to
clause (1), the Legislature of any State also, have power to make
laws with respect to any of the matters enumerated in List III in the
Seventh Schedule (in this Constitution referred to as the "Concurrent
List").
(3) 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 (in this Constitution referred to as the
"State List").
(4) Parliament has power to make laws
with respect to any matter for any part of the territory of India not
included in a State notwithstanding that such matter is a matter
enumerated in the State List.
Article
247 Power of Parliament to provide for the establishment of certain
additional courts
Notwithstanding anything in this Chapter,
Parliament may by law provide for the establishment of any additional
courts for the better administration of laws made by Parliament or of
any existing law with respect to a matter enumerated in the Union
List.
Article
248 Residuary powers of legislation
(1) Parliament has
exclusive power to make any law with respect to any matter not
enumerated in the Concurrent List or State List.
(2) Such power
shall include the power of making any law imposing a tax not
mentioned in either of those Lists.
Article
249 Power of Parliament to legislate with respect to a matter in the
State List in the National interest
(1)
Notwithstanding anything in the foregoing provisions of this Chapter,
if the Council of States has declared by resolution supported by not
less than two-thirds of the members present and voting that it is
necessary or expedient in the national interest that Parliament
should make laws with respect to any matter enumerated in the State
List specified in the resolution, it shall be lawful for Parliament
to make laws for the whole or any part of the territory of India with
respect to that matter while the resolution remains in force.
(2)
A resolution passed under clause (1) shall remain in force
for
such period not exceeding one year as may be specified
therein:
Provided that, if and so often as a resolution
approving the continuance in force of any such resolution is passed
in the manner provided in clause (1), such resolution shall continue
in force for a further period of one year from the date on which
under this clause it would otherwise have ceased to be in force.
(3)
A law made by Parliament which Parliament would not but for the
passing of a resolution under clause (1) have been competent to make
shall, to the extent of the incompetency, cease to have effect on the
expiration of a period of six months after the resolution has ceased
to be in force, except as respects things done or omitted to be done
before the expiration of the said period.
Article
250 Power of Parliament to legislate with respect to any matter in
the State List if a Proclamation of Emergency is in operation
(1)
Notwithstanding anything in this Chapter, Parliament shall, while a
Proclamation of Emergency is in operation, have power to make laws
for the whole or any part of the territory of India with respect to
any of the matters enumerated in the State List.
(2) A law made
by Parliament which Parliament would not but for the issue of a
Proclamation of Emergency have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of
a period of six months after the Proclamation has ceased to operate,
except as respects things done or omitted to be done before the
expiration of the said period.
Article
251 Inconsistency between laws made by Parliament under articles 249
and 250 and laws made by the legislatures of States
Nothing
in articles 249 and 250 shall restrict the power of the Legislature
of a State to make any law which under this Constitution it has power
to make, but if any provision of a law made by the Legislature of a
State is repugnant to any provision of a law made by Parliament which
Parliament has under either of the said articles power to make, the
law made by Parliament, whether passed before or after the law made
by the Legislature of the State, shall prevail, and the law made by
the Legislature of the State shall to the extent of the repugnancy,
but so long only as the law made by Parliament continues to have
effect, be inoperative.
Article
252 Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State
(1)
If it appears to the Legislatures of two or more States to be
desirable that any of the matters with respect to which Parliament
has no power to make laws for the States except as provided in
articles 249 and 250 should be regulated in such States by Parliament
by law, and if resolutions to that effect are passed by all the
Houses of the Legislatures of those States, it shall be lawful for
Parliament to pass an Act for regulating that matter accordingly, and
any Act so passed shall apply to such States and to any other State
by which it is adopted afterwards by resolution passed in that behalf
by the House or, where there are two Houses, by each of the Houses of
the Legislature of that State.
(2) Any Act so passed by
Parliament may be amended or repealed by an Act of Parliament passed
or adopted in like manner but shall not, as respects any State to
which is applies, be amended or repealed by an Act of the Legislature
of that State.
Article
253 Legislation for giving effect to international
agreements
Notwithstanding anything in the foregoing
provisions of this Chapter, Parliament has power to make any law for
the whole or any part of the territory of India for implementing any
treaty, agreement or convention with any other country or countries
or any decision made at any international conference, association or
other body.
Article
254 Inconsistency between laws made by Parliament and laws made by
the Legislatures of States
(1) If any provision of a
law made by the Legislature of a State is repugnant to any provision
of a law made by Parliament which Parliament is competent to enact,
or to any provision of an existing law with respect to one of the
matters enumerated in the Concurrent List, then, subject to the
provisions of clause (2), the law made by Parliament, whether passed
before or after the law made by the Legislature of such State, or, as
the case may be, the existing law, shall prevail and the law made by
the Legislature of the State shall, to the extent of the repugnancy,
be void.
(2) Where a law made by the legislature of a State with
respect to one of the matters enumerated in the Concurrent List
contains any provision repugnant to the provisions of an earlier law
made by Parliament or an existing law with respect to that matter,
then, the law so made by the Legislature of such State shall, if it
has been reserved for the consideration of the President and has
received his assent, prevail in that State:
Provided that
nothing in this clause shall prevent Parliament from enacting at any
time any law with respect to the same matter including a law adding
to, amending, varying or repealing the law so made by the Legislature
of the State.
Article
255 Requirements as to recommendations and previous sanctions to be
regarded as matters of procedure only
No Act of Parliament
or of the Legislature of a State, and no provision in any such Act,
shall be invalid by reason only that some recommendation or previous
sanction required by this Constitution was not given, if assent to
that Act was given -
(a) where the recommendation required was
that of the Governor, either by the Governor or by the President;
(b)
where the recommendation required was that of the Rajpramukh, either
by the Rajpramukh or by the President;
(c) where the
recommendation or previous sanction required was that of the
President, by the President.
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