Relations Between The Union and the States
Part XI - Relations Between the Union and the States
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.
Chapter II - Administrative Relations
Article
256 Obligation of States and the Union
The executive power
of every State shall be so exercised as 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 of such directions to a State as may, appear to the Government
of India to be necessary for that purpose.
Article
257 Control of the Union over States in certain cases
(1)
The executive power of every State shall be so exercised as not to
impede or prejudice the exercise of the executive power of the Union,
and the executive power of the Union shall extend to the giving of
such directions to a State as may appear to the Government of India
to be necessary for that purpose.
(2) The executive power of the
Union shall also extend to the giving of directions to a State as to
the construction and maintenance of means of communication declared
in the direction to be of national or military importance:
Provided
that nothing in this clause shall be taken as restricting the power
of Parliament to declare highways or waterways to be national
highways or national waterways or the power of the Union with respect
to the highways or waterways so declared or the power of the Union to
construct and maintain means of communication as part of its
functions with respect to naval, military and air force works.
(3)
The executive power of the Union shall also extend to the giving of
directions to a State as to the measures to be taken for the
protection of the railways within the State.
(4) Where in
carrying out any direction given to a State under clause (2) as to
the construction or maintenance of any means
of communication or
under clause (3) as to the measures to be taken for the protection of
any railway, costs have been incurred in excess of those which would
have been incurred in the discharge of the normal duties of the State
if such direction had not been given, there shall be paid by the
Government of India to the State such sum as may be agreed, or, in
default of agreement, as may be determined by an arbitrator appointed
by the Chief Justice of India, in respect of the extra costs so
incurred by the State.
Article
257A Assistance to States by deployment of armed forces or other
forces of the Union
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Article
258 Power of the Union to confer powers, etc., on States in certain
cases
(1) 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 to its officers functions in relation to any matter to
which the executive power of the Union extends.
(2) A law made
by Parliament which applies in any State may, notwithstanding that it
relates to a matter with respect to which the Legislature of the
State has no power to make laws, confer powers and impose duties, or
authorise the conferring of powers and the imposition of duties, upon
the State or officers and authorities thereof.
(3) Where by
virtue of this article powers and duties have been conferred or
imposed upon a State or officers or authorities thereof, there shall
be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of India, in respect of any
extra costs of administration incurred by the State in connection
with the exercise of those powers and duties.
Article
258A Power of the States to entrust functions to the
Union
Notwithstanding anything in this Constitution, the
Governor of a State may, with the consent of the Government of India,
entrust either conditionally or unconditionally to that Government or
to its officers functions in relation to any matter to which the
exclusive power of the State extends.
Article
259 Armed Forces in States in Part B of the First Schedule
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Article
260 Jurisdiction of the Union in relation to territories outside
India
The Government of India may be agreement with the
Government of any territory not being part of the territory of India
undertake any executive, legislative or judicial functions vested in
the Government of such territory, but every such agreement shall be
subject to, and governed by, any law relating to the exercise of
foreign jurisdiction for the time being in force.
Article
261 Public acts, records and judicial proceedings
(1)
Full faith and credit shall be given throughout the territory of
India to public acts, records and judicial proceedings of the Union
and of every State.
(2) The manner in which and the conditions
under which the acts, records and proceedings referred to in clause
(1) shall be proved and the effect thereof determined shall be as
provided by law made by Parliament.
(3) Final judgments or
orders delivered or passed by civil courts in any part of the
territory of India shall be capable of execution anywhere within that
territory according to law.
Article
262 Adjudication of disputes relating to waters of inter-State rivers
or river valleys
(1) Parliament may by law provide for
the adjudication of any dispute or complaint with respect to the use,
distribution or
control of the waters of, or in, any inter-State
river or river valley.
(2) Notwithstanding anything in this
Constitution, Parliament may by law provide that neither the Supreme
Court nor any other court shall exercise jurisdiction in respect of
any such dispute or complaint as is referred to in clause (1).
Article
263 Provisions with respect to an inter-State Council
If at
any time it appears to the President that the public interests would
be served by the establishment of a Council charged with the duty of
-
(a) inquiring into and advising upon disputes which may have
arisen between States;
(b) investigating and discussing subjects
in which some or all of the States, or the Union and one or more of
the States, have a common interest; or
(c) making
recommendations upon any such subject and, in particular,
recommendations for the better co-ordination of policy and action
with respect to that subject,
it shall be lawful for the
President by order to establish such a Council, and to define the
nature of the duties to be performed by it and its organisation and
procedure.
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