In this Video I have explained the Centre State Relations: Legislative RelationsArticle 245255 of the Indian Constitution (Lecture23).

Centre State Legislative Relations

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the State.

Extent of laws made by Parliament and by the Legislatures of States
The Parliament can make laws for the whole or any part of the territory of India. Territory of India includes the states, UTs and any other area for the time being included in the territory of India. Whereas, the state legislature can make laws for whole or any part of state.
The Parliament can alone make ‘extra territorial legislation’ thus the laws of the Parliament are applicable to the Indian citizens and their property in any part of the world.

Subjectmatter of laws made by Parliament and by the Legislation of States
The Constitution divides legislative authority between the Union and the States in three lists the Union List, the State List and the Concurrent List. The Union list consists of 99 items.
The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list. These include foreign affairs, defence, armed forces, communications, posts and telegraph, foreign trade etc.
The State list consists of 61 subjects on which ordinarily the States alone can make laws. These include public order, police, administration of justice, prison, local governments, agriculture etc.
The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce, economic and special planning trade unions, electricity, newspapers, books, education, population control and family planning etc.
Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list, but the Centre has a prior and supreme claim to legislate on current subjects.
In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the law of the Parliament prevails.

Residuary powers of legislation
The constitution also vests the residuary powers (subjects not enumerated In any of the three Lists) with the Union Parliament.
The residuary powers have been granted to the Union contrary to the convention in other federations of the world, where the residuary powers are given to the States.
However, in case of any conflict, whether a particular matter falls under the residuary power or not is to be decided by the court.

Parliament’s Power to Legislate on State List
Though under ordinary circumstances the Central Government does not possess power to legislate on subjects enumerated in the State List, but under certain special conditions the Union Parliament can make laws even on these subjects.

In the National Interest (Art.249)
If the Rajya Sabha declares by a resolution supported by not less than 2/3 of its members present and voting, that it is necessary or expedient in the national interest that the Parliament should make laws with respect to any matter enumerated in the State List (Art.249).
After such a resolution is passed, Parliament can make laws for the whole or any part of the territory of India.
Such a resolution remains in force for a period of 1 year and can be further extended by one year by means of a subsequent resolution.

Under Proclamation of National Emergency (Art.250)
Parliament can legislate on the subjects mentioned in the State List when the Proclamation of National Emergency is in operation.
However, the laws made by the Parliament under this provision shall 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 expiry of the said period.

By Agreement between States (Art. 252)
The Parliament can also legislate on a State subject if the legislatures of two or more states resolve that it is lawful of Parliament to make laws with respect to any matter enumerated in the State List relating to those State.
Thereafter, any act passed by the Parliament shall apply to such states and to any other state which passes such a resolution.
The Parliament also reserves the right to amend or repeal any such act.


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