Table of Contents
Introduction: Relation Between the Union and the States
The Indian Constitution lays out a federal structure designed to balance the powers between the Centre and the States. This framework is crucial for governing a diverse nation like India, ensuring both autonomy and unity. The legislative and administrative relations between the Union and the States are primarily governed by Articles 245 to 263.
Relation Between the Union and the States: Articles at a Glance
| Article | |
|---|---|
| 245 | Extent of laws made by Parliament and by the Legislatures of States |
| 246 | Subject-matter of laws made by Parliament and by the Legislatures of States |
| 246A | Special provision with respect to goods and services tax |
| 247 | Power of Parliament to provide for the establishment of certain additional courts |
| 248 | Residuary powers of legislation |
| 249 | Power of Parliament to legislate with respect to a matter in the State List in the national interest |
| 250 | Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation |
| 251 | Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States |
| 252 | Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State |
| 253 | Legislation for giving effect to international agreements |
| 254 | Inconsistency between laws made by Parliament and laws made by the Legislatures of States |
| 255 | Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only |
| 256 | Obligation of States and the Union |
| 257 | Control of the Union over States in certain cases |
| 258 | Power of the Union to confer powers, etc., on States in certain cases |
| 258A | Power of the States to entrust functions to the Union |
| 259 | Armed Forces in States in Part B of the First Schedule — Omitted by the Constitution (Seventh Amendment) Act, 1956 |
| 260 | Jurisdiction of the Union in relation to territories outside India |
| 261 | Public acts, records and judicial proceedings |
| 262 | Adjudication of disputes relating to waters of inter-State rivers or river valleys |
| 263 | Provisions with respect to an inter-State Council |
Articles 245 to 263 with Explanation
Legislative Relations
Article 245: This article grants Parliament and State Legislatures the authority to make laws for the entire or any part of India. It also clarifies that no law made by Parliament shall be invalid on the ground of extra-territorial operation.
Article 246: Legislative powers are divided between the Union and the States through three lists in the Seventh Schedule:
- Union List: Parliament has exclusive power to legislate on matters such as defense and foreign affairs.
- State List: State Legislatures have exclusive power over matters like police and public health.
- Concurrent List: Both Parliament and State Legislatures can legislate on matters like criminal law and marriage. In case of conflict, Union law prevails.
Article 246A: This article specifically deals with the Goods and Services Tax (GST), giving both Parliament and State Legislatures the power to legislate on GST. However, Parliament has exclusive authority over inter-State trade and commerce.
Article 248: Parliament is granted residuary powers, allowing it to legislate on matters not enumerated in any of the three lists.
Article 249: Parliament can legislate on State List matters if the Rajya Sabha passes a resolution by a two-thirds majority, deeming it necessary in the national interest. Such a law remains in force for one year but can be extended.
Article 250: During a Proclamation of Emergency, Parliament can legislate on State List matters.
Article 252: If two or more States consent, Parliament can legislate for them on matters in the State List. Other States can adopt such laws if they wish.
Article 253: Parliament can make laws for implementing international treaties and agreements, overriding the normal distribution of powers.
Article 254: This article addresses inconsistencies between Union and State laws on Concurrent List matters, stating that Union laws prevail. However, State laws can prevail if they have received Presidential assent, unless later overridden by Parliament.
Read More: Parliament of India
Administrative Relations
Article 256: States must ensure compliance with Union laws (laws made by Parliament), and the Union can direct States as necessary.
Article 257: State executive powers should not impede Union executive powers. The Union can direct States regarding matters of national or military importance and railway protection. The Union compensates States for additional costs incurred in executing such directions.
Article 258: The President can entrust Union functions to State governments with their consent. Conversely, Article 258A allows States to entrust functions to the Union.
Article 260: The Union can assume executive, legislative, or judicial functions in territories outside India through agreements.
Article 261: This ensures full faith and credit to public acts, records, and judicial proceedings across India, facilitating their execution throughout the territory.
Dispute Resolution and Coordination
Article 262: Parliament is authorized to adjudicate disputes regarding inter-State rivers or river valleys and can bar the jurisdiction of the Supreme Court and other courts in such matters.
Article 263: The President can establish an Inter-State Council to investigate and discuss subjects of common interest between the Union and States or among States, make recommendations, and coordinate policies and actions.