253 lines
15 KiB
Plaintext
253 lines
15 KiB
Plaintext
PART XI
|
|
|
|
RELATIONS BETWEEN THE UNION AND THE STATES
|
|
|
|
CHAPTER I.—LEGISLATIVE RELATIONS
|
|
|
|
Distribution of Legislative Powers
|
|
|
|
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.
|
|
|
|
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.
|
|
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 laws with respect
|
|
to a matter enumerated in the Union List.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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 it applies, be amended or repealed by an Act of the
|
|
Legislature of that State.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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
|
|
|
|
General
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
257A. [Assistance to States by deployment of armed forces or other
|
|
forces of the Union.] Rep. by the Constitution (Forty-fourth Amendment)
|
|
Act, 1978, s. 33 (w.e.f. 20-6-1979).
|
|
|
|
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.
|
|
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 executive power of the State extends.
|
|
|
|
259. [Armed Forces in States in Part B of the First Schedule.] Rep. by
|
|
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
|
|
|
|
260. Jurisdiction of the Union in relation to territories outside India.—
|
|
The Government of India may by 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.
|
|
|
|
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.
|
|
Disputes relating to Waters
|
|
|
|
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).
|
|
|
|
Co-ordination between States
|
|
|
|
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. |