PART 11: Constitution Of India

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.

• Clause (1):
  • Plain English: This defines the “territorial jurisdiction” of law-making.
    1. Parliament can make laws for the whole of India or any part of it.
    2. A State Legislature can make laws only for the whole of its own state or any part of its state.
  • Real-World Example: The Maharashtra legislature cannot pass a law to regulate traffic in Chennai (Tamil Nadu). But Parliament can pass a “Motor Vehicles Act” that applies to both Maharashtra and Tamil Nadu, as well as the rest of India.
• Clause (2):
  • Plain English: A law made by Parliament cannot be challenged in court and declared “invalid” just because it has an “extra-territorial operation” (meaning, it applies to people or things outside of India).
  • Real-World Example: Parliament passes a law to tax the income of an Indian citizen that they earned in a foreign country. The citizen cannot argue, “This law is invalid because it’s operating outside India.” This clause gives Parliament that power.

Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States.

This is one of the most important articles in the Constitution. It distributes all law-making powers into three lists, which are found in the Seventh Schedule.

• Clause (1): The Union List (List I)
  • Plain English: Parliament has exclusive power to make laws on any subject in the Union List. States cannot make laws on these subjects.
  • Real-World Example: The Union List contains subjects of national importance like Defence (the Army), Railways, Banking, Currency, Foreign Affairs, and Income Tax. Only the central government can make laws on these matters.
• Clause (2): The Concurrent List (List III)
  • Plain English: Both Parliament and the State Legislatures have the power to make laws on subjects in the Concurrent List.
  • Real-World Example: The Concurrent List contains subjects where both levels of government are interested, like Education, Forests, Criminal Law, Marriage and Divorce, and Electricity. This means both Gujarat and Parliament can make laws about electricity. (If they conflict, Parliament’s law usually wins—see Art. 254).
• Clause (3): The State List (List II)
  • Plain English: The State Legislatures have exclusive power to make laws on subjects in the State List. Parliament cannot normally make laws on these subjects.
  • Real-World Example: The State List contains subjects of local importance like Police, Public Health (hospitals), Agriculture, Prisons, and Water (within the state). This is why the Maharashtra Police reports to the state government, not the central government.
• Clause (4):
  • Plain English: This is a special rule for Union Territories. It says Parliament has the power to make laws on any subject (including subjects on the State List) for any Union Territory.
  • Real-World Example: Since “Police” is on the State List, the Maharashtra legislature controls the Mumbai Police. But since Delhi is a UT, Parliament controls the “Police” for Delhi. This is why the Delhi Police reports to the Union Home Ministry, not the Delhi Chief Minister.

Article 247: Power of Parliament to provide for the establishment of certain additional courts.

• Plain English: This gives Parliament the power to create new, additional courts to help enforce laws that Parliament has made (i.e., laws on the Union List).
• Real-World Example: If Parliament passes a new, complex “Data Protection Act” (a Union subject), it can also use this article to create a special “National Data Tribunal” to hear all cases related to that Act, ensuring better and faster administration.

Article 248: Residuary powers of legislation.

• Clause (1):
  • Plain English: This is the “safety net” clause. It says that if a subject is not mentioned on any of the three lists (Union, State, or Concurrent), then Parliament automatically has the exclusive power to make laws on it. This is called “residuary power.”
• Clause (2):
  • Plain English: This clarifies that the residuary power includes the power to create a new tax that isn’t mentioned on any list.
• Real-World Example: When “cyber-law” and “e-commerce” became major issues, they weren’t on any list (as the founders in 1950 couldn’t have imagined them). Under Article 248, Parliament (and not the states) had the power to pass the “Information Technology Act, 2000.”

Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest.

This is the first major exception to the State List.

• Clause (1):
  • Plain English: If the Rajya Sabha (the Council of States) passes a resolution, supported by a two-thirds (2/3) majority of members present and voting, declaring that it is “necessary or expedient in the national interest” for Parliament to make a law on a State List subject, then…
  • …Parliament is temporarily empowered to make laws on that subject for the whole country.
  • Real-World Example: “Agriculture” is a State List subject. If a massive, nationwide food crisis occurs, the Rajya Sabha could pass a 2/3 majority resolution, allowing Parliament to pass a temporary, all-India “National Agriculture Emergency Act” (even though Parliament normally can’t legislate on agriculture).
• Clause (2):
  • Plain English: This law is temporary. The resolution passed by the Rajya Sabha is only valid for one year. It can be renewed for one year at a time by passing the same 2/3 majority resolution again.
• Clause (3):
  • Plain English: The law passed by Parliament under this power will automatically die (“cease to have effect”) six months after the one-year resolution expires, (unless the resolution was renewed).

Article 250: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.

This is the second major exception to the State List.

• Clause (1):
  • Plain English: While a Proclamation of Emergency (a National Emergency under Art. 352) is in effect, Parliament is automatically empowered to make laws on any subject from the State List.
  • Real-World Example: If a National Emergency is declared due to a war, Parliament immediately gets the power to make laws on “Police” and “Public Order” (State List subjects) for any state, to manage internal security.
• Clause (2):
  • Plain English: Any such law made by Parliament during an Emergency will automatically die six months after the Emergency is officially over.

Article 251: Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.

• Plain English: This article clarifies what happens when there’s a conflict between a temporary law made by Parliament and a law made by a State.
• The Rule: If Parliament has made a temporary law on a State List subject (either in the “national interest” under Art. 249 or during an “emergency” under Art. 250), and a State Legislature also makes a law on that same subject, the law made by Parliament will win.
• The Limit: The state’s law is not permanently dead. It just becomes “inoperative” (is put on pause). As soon as Parliament’s temporary law expires (e.g., 6 months after the emergency ends), the state’s law automatically becomes active again.
• Real-World Example: During a national emergency (Art. 250), Parliament passes a law to take control of all “public health” (a State List subject). The State of Gujarat also passes its own, slightly different, “Public Health Act.” For as long as the emergency law from Parliament is in force, the Gujarat Act is invalid. The moment Parliament’s emergency law expires, the Gujarat Act automatically comes back into force.

Article 252: Power of Parliament to legislate for two or more States by consent…

• Plain English: This is a way for states to “team up” and ask Parliament to make a law for them on a State List subject.
• Clause (1):
  • Plain English: If two or more state legislatures pass resolutions saying, “We want Parliament to make a single law for us on this specific State List matter,” then Parliament gets the power to pass that law.
  • Adoption: After this law is passed, other states can also “adopt” it by passing a resolution in their own assembly.
  • Real-World Example: “Water” is a State List subject. The states of Bihar and Uttar Pradesh, who share a river, might both pass resolutions asking Parliament to create a single “River Basin Authority” to manage it. Parliament can then pass an Act to do so. Later, West Bengal could pass its own resolution to “adopt” this Act and join the same Authority.
• Clause (2):
  • Plain English: Once Parliament passes such a law, only Parliament can amend or repeal it. The state legislatures that asked for it cannot change it on their own.
  • Real-World Example: After Parliament creates the “River Basin Authority” at their request, Bihar cannot later pass its own state law to amend it. It must go back to Parliament to ask for any changes.

Article 253: Legislation for giving effect to international agreements.

• Plain English: This gives Parliament the power to make any law for the whole of India (or any part) to implement an international treaty, agreement, or convention.
• Crucial Detail: This power is absolute. Parliament can pass such a law even if the subject matter falls on the State List.
• Real-World Example: India signs an international environmental treaty (like the Paris Agreement) that requires new rules on “air quality” and “waste management.” Some of these subjects (like “public health”) are on the State List. Under this article, Parliament can pass a single, nationwide “Environment Act” to enforce the treaty, and state governments must comply.

Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

This is the “master rule” for solving conflicts, specifically on the Concurrent List (where both can make laws).

• Clause (1):
  • Plain English: This is the general rule: If a state law conflicts with a law made by Parliament on a Concurrent List subject, the law made by Parliament wins (prevails), and the state law is “void” (invalid) to the extent that it conflicts. This is called the “Doctrine of Repugnancy.”
  • Real-World Example: Parliament has a law on “factories” (a Concurrent List subject) that says the maximum workweek is 48 hours. A state passes a law saying the maximum is 60 hours. The state law is void because it conflicts with Parliament’s law.
• Clause (2):
  • Plain English: This is the major exception for states. If a state makes a law on a Concurrent List subject, and it does conflict with an earlier law from Parliament, the state law can still win…
  • The Condition: …if the state legislature has “reserved” that bill for the President and has received the President’s assent (signature).
  • Real-World Example: Parliament passed the “Code of Criminal Procedure” (CrPC) in 1973. “Criminal Procedure” is on the Concurrent List. The State of Maharashtra wants to make a special, tougher law for organized crime (like MCOCA) that has different bail rules than the CrPC. Because this conflicts with the CrPC, the Maharashtra legislature passes the MCOCA bill and “reserves” it for the President. The President (on the advice of the Union Home Ministry) signs it. Now, MCOCA is valid within Maharashtra, even though it conflicts with Parliament’s law.
• Proviso to Clause (2):
  • Plain English: This is the “checkmate” clause for Parliament. Even if a state has gotten the President’s assent for its conflicting law (under Clause 2), Parliament always has the power to come back later and pass a new law that amends, varies, or repeals that specific state law.
  • Real-World Example: Following the MCOCA example, even though it got the President’s assent, Parliament can, at any time, pass a new all-India law (or an amendment to CrPC) that says “No state shall have separate bail provisions.” This new law would override MCOCA.

Article 255: Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

• Plain English: This is a “saving” clause to prevent laws from being struck down on a technicality. The Constitution requires the President’s or Governor’s “recommendation” before certain bills are introduced (like money bills).
• This article says that if, by mistake, this “recommendation” was not obtained before the bill was introduced, but the President or Governor did give their “assent” (signature) after the bill was passed, the law is still valid. The lack of prior recommendation is treated as a minor procedural error that was “cured” by the final signature.
• Real-World Example: A state government forgets to get the Governor’s “recommendation” before introducing a Financial Bill. The bill is passed by the Assembly. The mistake is noticed, but the Governor gives their final “assent” anyway. The law is now safe and cannot be challenged in court on the grounds that the initial recommendation was missing.

CHAPTER II: ADMINISTRATIVE RELATIONS

Article 256: Obligation of States and the Union.

• Plain English: This moves from law-making to law-enforcing. It says that the executive branch of every state government (the CM, Cabinet, police) must be run in a way that ensures it is complying with all laws made by Parliament.
• The Union’s Power: The executive branch of the Union (the central government in Delhi) has the power to give “directions” (formal orders) to a state government if it thinks it’s necessary to ensure that Parliament’s laws are being followed.
• Real-World Example: Parliament passes a law (on a Concurrent List subject) making rooftop solar panels mandatory for new buildings. A state government is ignoring it and not enforcing the rule. The Union Power Ministry can issue a formal “direction” under Article 256 to the state’s Chief Secretary, ordering them to create an enforcement plan.

Article 257: Control of the Union over States in certain cases.

• Clause (1):
  • Plain English: This is a broader version of Art. 256. It says a state cannot run its government (exercise its executive power) in a way that “impedes or prejudices” (gets in the way of) the Union government’s own executive power. The Union can issue any directions needed to prevent this.
  • Real-World Example: The Union government is trying to move its Army (a Union subject) from one state to another using national highways. A state government, in protest, orders its state police (a State subject) to block those highways. This “impedes” the Union’s executive power (defence). The Union government can issue a direct order to the state to clear the roads.
• Clause (2):
  • Plain English: The Union government can give directions to a state about building and maintaining “means of communication” (roads, bridges, etc.) that are declared to be of national or military importance.
  • Proviso: This doesn’t stop Parliament from declaring highways “National Highways” and taking over their maintenance completely.
  • Real-World Example: The Union Defence Ministry can issue a direction to the Government of Arunachal Pradesh to “construct and maintain” a specific road leading to the Chinese border, as it is of “military importance.”
• Clause (3):
  • Plain English: The Union government can also give directions to a state on the specific “measures to be taken for the protection of the railways” within that state.
  • Real-World Example: After a series of disruptions, the Union Railway Ministry can issue a direction to the Government of West Bengal, ordering it to deploy more state police to protect railway tracks in a specific area.
• Clause (4):
  • Plain English: This is the “who pays?” clause. If a state has to spend extra money to follow a direction from the Union (under Clause 2 or 3) for building roads or protecting railways, the Government of India must pay the state for those “extra costs.”
  • If they can’t agree on the amount, the Chief Justice of India will appoint an arbitrator to decide the final sum.
  • Real-World Example: The Centre orders a state to build a 4-lane military road. The state says its “normal” plan was only a 2-lane road. The Centre must pay the difference in cost between the 2-lane and 4-lane road.

Article 257A: [Assistance to States by deployment of armed forces…]

• Plain English: This article, which allowed the central government to deploy armed forces to a state even without the state’s permission, was repealed and removed from the Constitution by the 44th Amendment Act in 1978. It is no longer in effect.

Article 258: Power of the Union to confer powers, etc., on States in certain cases.

• Clause (1):
  • Plain English: This allows the President (i.e., the Union government), with the consent of the state government, to “entrust” (delegate) its executive functions to the state government or its officers.
  • Real-World Example: “Administering passports” is a Union List subject. The Union government (President) makes an agreement with the consent of the Maharashtra government to use the state police (a state officer) to do the “address verification” for passport applications.
• Clause (2):
  • Plain English: This allows Parliament (by passing a law) to “confer powers and impose duties” on state officers even without the state’s consent. This applies only when Parliament passes a law on a Union or Concurrent List subject.
  • Real-World Example: Parliament passes the “Right to Information Act” (RTI Act). This law itself imposes a duty on a state officer (e.g., a “Tahsildar” in the state revenue department) to act as the “Public Information Officer” and provide information. The state government’s consent is not required for this.
• Clause (3):
  • Plain English: This is the “who pays?” clause for this article. If a state government or its officers have to perform duties (under Clause 1 or 2) on behalf of the Union, the Government of India must pay the state for the “extra costs of administration” incurred. An arbitrator appointed by the CJI will decide the amount if they disagree.
  • Real-World Example: The state government calculates that its police force spends 100,000 man-hours per year on passport verifications (a Union duty). It can demand payment from the central government for these “extra costs.”

Article 258A: Power of the States to entrust functions to the Union.

• Plain English: This is the reverse of Article 258. It allows the Governor of a state, with the consent of the Government of India, to “entrust” (delegate) the state’s executive functions (from the State List) to the central government or its officers.
• Real-World Example: A state government wants the “Central Bureau of Investigation” (CBI), a Union agency, to investigate a complex murder case that involves multiple states. “Police” is a State subject, but the Governor (on the state Cabinet’s advice) can give consent and “entrust” the investigation (a state function) to the CBI (a Union agency).

Article 259: [Armed Forces in States in Part B…]

• Plain English: This was a temporary article dealing with the armed forces in the former “Princely States” (Part B states). It was repealed and removed from the Constitution by the 7th Amendment Act in 1956, as it was no longer relevant.

Article 260: Jurisdiction of the Union in relation to territories outside India.

• Plain English: This allows the Government of India to make an “agreement” with the government of any territory outside of India to take on executive, legislative, or judicial functions over that territory.
• Real-World Example: This article was used to give a legal basis for India to administer territories like Sikkim before it was formally admitted into the Union in 1975, when it was a “protectorate.” It allows India to govern foreign territories by agreement, subject to any laws on “foreign jurisdiction.”

Article 261: Public acts, records and judicial proceedings.

• Clause (1):
  • Plain English: This is the “Full Faith and Credit” clause. It means that the official “public acts” (like a state government order), “records” (like a birth certificate or driver’s license), and “judicial proceedings” (court judgments) of the Union and every single state must be respected and accepted as legitimate throughout all of India.
  • Real-World Example: A person gets a driver’s license issued by the RTO in Bihar (a state “record”). They can legally drive in Tamil Nadu with that license because Tamil Nadu must give “full faith and credit” to Bihar’s official record.
• Clause (2):
  • Plain English: Parliament has the power to pass a law that specifies how these acts and records are to be “proved” in court and what their “effect” will be.
  • Real-World Example: The Indian Evidence Act, 1872 (a law made by Parliament) lays down the specific rules for how to submit a public document or a court judgment as official evidence in a trial.
• Clause (3):
  • Plain English: A final judgment or order from a civil court (e.g., in a money dispute, property dispute, or family case) in any part of India is enforceable anywhere in the country, according to the law.
  • Real-World Example: A person wins a money recovery lawsuit in a Delhi court against a person who lives in Mumbai. The Delhi court issues a “decree” (final order). The winner can take this decree to a court in Mumbai and have it “executed” (e.g., have the Mumbai court order the seizure of the person’s assets) as if it were a local judgment.

DISPUTES RELATING TO WATERS

Article 262: Adjudication of disputes relating to waters of inter-State rivers or river valleys.

• Clause (1):
  • Plain English: Parliament has the power to pass a law to create a special system or tribunal to handle the judging (“adjudication”) of any dispute or complaint about the use, distribution, or control of water from any river (or river valley) that flows through more than one state.
  • Real-World Example: Parliament passed the Inter-State Water Disputes Act, 1956. Under this Act, it has set up various tribunals over the years, like the Cauvery Water Disputes Tribunal (for Tamil Nadu, Karnataka, Kerala, Puducherry) and the Mahanadi Water Disputes Tribunal (for Odisha and Chhattisgarh).
• Clause (2):
  • Plain English: This is a very strong clause. It says that Parliament, when it makes such a law, can also declare that neither the Supreme Court nor any other court in India has any jurisdiction over that specific dispute.
  • Real-World Example: The Inter-State Water Disputes Act does contain a provision that bars the Supreme Court from hearing the original dispute once it has been referred to a tribunal. This is intended to keep these highly technical and political disputes out of the regular court system and in the hands of a specialized body.

CO-ORDINATION BETWEEN STATES

Article 263: Provisions with respect to an inter-State Council.

• Plain English: This gives the President the power to establish a body called an “Inter-State Council” if they believe it would serve the public interest.
• The Council’s job would be to:
  • (a) inquire into and give advice on disputes that might arise between states;
  • (b) investigate and discuss subjects where the Union and states (or several states) have a common interest;
  • (c) make recommendations on any subject to promote better co-ordination of policy and action.
• Real-World Example: The Inter-State Council was formally established by the President in 1990 (based on the Sarkaria Commission’s recommendation). It is a high-level body, chaired by the Prime Minister and including all state Chief Ministers and UT Administrators, that meets to discuss policies and resolve differences, acting as a forum for “co-operative federalism.”