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286 lines
15 KiB
Plaintext
PART XI
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RELATIONS BETWEEN THE UNION AND THE STATES
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CHAPTER I.—LEGISLATIVE RELATIONS
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Distribution of Legislative Powers
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245. Extent of laws made by Parliament and by the Legislatures of
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States.—(1) Subject to the provisions of this Constitution, Parliament may
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make laws for the whole or any part of the territory of India, and the
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Legislature of a State may make laws for the whole or any part of the State.
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(2) No law made by Parliament shall be deemed to be invalid on the
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ground that it would have extra-territorial operation.
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246. Subject-matter of laws made by Parliament and by the
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Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3),
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Parliament has exclusive power to make laws with respect to any of the matters
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enumerated in List I in the Seventh Schedule (in this Constitution referred to a
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s
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the “Union List”).
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(2) Notwithstanding anything in clause (3), Parliament, and, subject to
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clause (1), the Legislature of any State also, have power to make laws with
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respect to any of the matters enumerated in List III in the Seventh Schedule (in
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this Constitution referred to as the “Concurrent List”).
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(3) Subject to clauses (1) and (2), the Legislature of any State has
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exclusive power to make laws for such State or any part thereof with respect to
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any of the matters enumerated in List II in the Seventh Schedule (in this
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Constitution referred to as the “State List”').
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(4) Parliament has power to make laws with respect to any matter for
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any part of the territory of India not included in a State notwithstanding that
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such matter is a matter enumerated in the State List.
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247. Power of Parliament to provide for the establishment of certain
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additional courts.—Notwithstanding anything in this Chapter, Parliament may
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by law provide for the establishment of any additional courts for the better
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administration of laws made by Parliament or of any existing laws with respect
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to a matter enumerated in the Union List.
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126
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127
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THE CONSTITUTION OF INDIA
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248. Residuary powers of legislation.—(1) Parliament has exclusive
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power to make any law with respect to any matter not enumerated in the
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Concurrent List or State List.
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(2) Such power shall include the power of making any law imposing a
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tax not mentioned in either of those Lists.
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249. Power of Parliament to legislate with respect to a matter in the
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State List in the national interest.—(1) Notwithstanding anything in the
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foregoing provisions of this Chapter, if the Council of States has declared by
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resolution supported by not less than two-thirds of the members present and
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voting that it is necessary or expedient in the national interest that Parliamen
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t
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should make laws with respect to any matter enumerated in the State List
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specified in the resolution, it shall be lawful for Parliament to make laws for
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the
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whole or any part of the territory of India with respect to that matter while th
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e
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resolution remains in force.
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(2) A resolution passed under clause (1) shall remain in force for such
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period not exceeding one year as may be specified therein:
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Provided that, if and so often as a resolution approving the continuance
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in force of any such resolution is passed in the manner provided in clause (1),
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such resolution shall continue in force for a further period of one year from th
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e
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date on which under this clause it would otherwise have ceased to be in force.
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(3) A law made by Parliament which Parliament would not but for the
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passing of a resolution under clause (1) have been competent to make shall, to t
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he
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extent of the incompetency, cease to have effect on the expiration of a period o
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f
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six months after the resolution has ceased to be in force, except as respects th
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ings
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done or omitted to be done before the expiration of the said period.
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250. Power of Parliament to legislate with respect to any matter in
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the State List if a Proclamation of Emergency is in operation.—(1)
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Notwithstanding anything in this Chapter, Parliament shall, while a
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Proclamation of Emergency is in operation, have power to make laws for the
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whole or any part of the territory of India with respect to any of the matters
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enumerated in the State List.
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(2) A law made by Parliament which Parliament would not but for the
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issue of a Proclamation of Emergency have been competent to make shall, to the
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extent of the incompetency, cease to have effect on the expiration of a period o
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f
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six months after the Proclamation has ceased to operate, except as respects thin
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gs
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done or omitted to be done before the expiration of the said period.
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128
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THE CONSTITUTION OF INDIA
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251. Inconsistency between laws made by Parliament under articles
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249 and 250 and laws made by the Legislatures of States.—Nothing in
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articles 249 and 250 shall restrict the power of the Legislature of a State to
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make any law which under this Constitution it has power to make, but if any
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provision of a law made by the Legislature of a State is repugnant to any
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provision of a law made by Parliament which Parliament has under either of the
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said articles power to make, the law made by Parliament, whether passed
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before or after the law made by the Legislature of the State, shall prevail, and
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the law made by the Legislature of the State shall to the extent of the
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repugnancy, but so long only as the law made by Parliament continues to have
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effect, be inoperative.
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252. Power of Parliament to legislate for two or more States by
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consent and adoption of such legislation by any other State.—(1) If it
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appears to the Legislatures of two or more States to be desirable that any of th
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e
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matters with respect to which Parliament has no power to make laws for the
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States except as provided in articles 249 and 250 should be regulated in such
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States by Parliament by law, and if resolutions to that effect are passed by all
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the Houses of the Legislatures of those States, it shall be lawful for Parliamen
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t
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to pass an act for regulating that matter accordingly, and any Act so passed
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shall apply to such States and to any other State by which it is adopted
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afterwards by resolution passed in that behalf by the House or, where there are
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two Houses, by each of the Houses of the Legislature of that State.
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(2) Any Act so passed by Parliament may be amended or repealed by an
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Act of Parliament passed or adopted in like manner but shall not, as respects
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any State to which it applies, be amended or repealed by an Act of the
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Legislature of that State.
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253. Legislation for giving effect to international agreements.—
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Notwithstanding anything in the foregoing provisions of this Chapter,
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Parliament has power to make any law for the whole or any part of the territory
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of India for implementing any treaty, agreement or convention with any other
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country or countries or any decision made at any international conference,
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association or other body
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129
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THE CONSTITUTION OF INDIA
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254. Inconsistency between laws made by Parliament and laws made
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by the Legislatures of States.—(1) If any provision of a law made by the
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Legislature of a State is repugnant to any provision of a law made by
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Parliament which Parliament is competent to enact, or to any provision of an
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existing law with respect to one of the matters enumerated in the Concurrent
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List, then, subject to the provisions of clause (2), the law made by Parliament,
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whether passed before or after the law made by the Legislature of such State,
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or, as the case may be, the existing law, shall prevail and the law made by the
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Legislature of the State shall, to the extent of the repugnancy, be void.
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(2) Where a law made by the Legislature of a State with respect to one of
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the matters enumerated in the Concurrent List contains any provision repugnant
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to the provisions of an earlier law made by Parliament or an existing law with
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respect to that matter, then, the law so made by the Legislature of such State
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shall, if it has been reserved for the consideration of the President and has
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received his assent, prevail in that State:
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Provided that nothing in this clause shall prevent Parliament from
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enacting at any time any law with respect to the same matter including a law
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adding to, amending, varying or repealing the law so made by the Legislature
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of the State.
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255. Requirements as to recommendations and previous sanctions to
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be regarded as matters of procedure only.—No Act of Parliament or of the
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Legislature of a State, and no provision in any such Act, shall be invalid by
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reason only that some recommendation or previous sanction required by this
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Constitution was not given, if assent to that Act was given—
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(a) where the recommendation required was that of the Governor,
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either by the Governor or by the President;
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(b) where the recommendation required was that of the
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Rajpramukh, either by the Rajpramukh or by the President;
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(c) where the recommendation or previous sanction required was
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that of the President, by the President.
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CHAPTER II.—ADMINISTRATIVE RELATIONS
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General
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256. Obligation of States and the Union.—The executive power of every
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State shall be so exercised as to ensure compliance with the laws made by
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Parliament and any existing laws which apply in that State, and the executive
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power of the Union shall extend to the giving of such directions to a State as m
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ay
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appear to the Government of India to be necessary for that purpose.
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130
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THE CONSTITUTION OF INDIA
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257. Control of the Union over States in certain cases.—(1) The
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executive power of every State shall be so exercised as not to impede or
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prejudice the exercise of the executive power of the Union, and the executive
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power of the Union shall extend to the giving of such directions to a State as
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may appear to the Government of India to be necessary for that purpose.
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(2) The executive power of the Union shall also extend to the giving of
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directions to a State as to the construction and maintenance of means of
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communication declared in the direction to be of national or military
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importance:
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Provided that nothing in this clause shall be taken as restricting the
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power of Parliament to declare highways or waterways to be national highways
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or national waterways or the power of the Union with respect to the highways
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or waterways so declared or the power of the Union to construct and maintain
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means of communication as part of its functions with respect to naval, military
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and air force works.
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(3) The executive power of the Union shall also extend to the giving of
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directions to a State as to the measures to be taken for the protection of the
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railways within the State.
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(4) Where in carrying out any direction given to a State under clause (2)
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as to the construction or maintenance of any means of communication or under
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clause (3) as to the measures to be taken for the protection of any railway, cos
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ts
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have been incurred in excess of those which would have been incurred in the
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discharge of the normal duties of the State if such direction had not been given
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,
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there shall be paid by the Government of India to the State such sum as may be
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agreed, or, in default of agreement, as may be determined by an arbitrator
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appointed by the Chief Justice of India, in respect of the extra costs so incurr
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ed
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by the State.
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257A. [Assistance to States by deployment of armed forces or other
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forces of the Union.] Rep. by the Constitution (Forty-fourth Amendment)
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Act, 1978, s. 33 (w.e.f. 20-6-1979).
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258. Power of the Union to confer powers, etc., on States in certain
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cases.—(1) Notwithstanding anything in this Constitution, the President may,
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with the consent of the Government of a State, entrust either conditionally or
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unconditionally to that Government or to its officers functions in relation to a
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ny
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matter to which the executive power of the Union extends.
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131
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THE CONSTITUTION OF INDIA
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(2) A law made by Parliament which applies in any State may,
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notwithstanding that it relates to a matter with respect to which the Legislatur
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e
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of the State has no power to make laws, confer powers and impose duties, or
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authorise the conferring of powers and the imposition of duties, upon the State
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or officers and authorities thereof.
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(3) Where by virtue of this article powers and duties have been conferred
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or imposed upon a State or officers or authorities thereof, there shall be paid
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by
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the Government of India to the State such sum as may be agreed, or, in default
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of agreement, as may be determined by an arbitrator appointed by the Chief
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Justice of India, in respect of any extra costs of administration incurred by th
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e
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State in connection with the exercise of those powers and duties.
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258A. Power of the States to entrust functions to the Union.—
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Notwithstanding anything in this Constitution, the Governor of a State may,
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with the consent of the Government of India, entrust either conditionally or
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unconditionally to that Government or to its officers functions in relation to a
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ny
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matter to which the executive power of the State extends.
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259. [Armed Forces in States in Part B of the First Schedule.] Rep. by
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the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
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260. Jurisdiction of the Union in relation to territories outside
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India.—The Government of India may by agreement with the Government of
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any territory not being part of the territory of India undertake any executive,
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legislative or judicial functions vested in the Government of such territory, bu
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t
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every such agreement shall be subject to, and governed by, any law relating to
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the exercise of foreign jurisdiction for the time being in force.
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261. Public acts, records and judicial proceedings.—(1) Full faith and
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credit shall be given throughout the territory of India to public acts, records
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and
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judicial proceedings of the Union and of every State.
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(2) The manner in which and the conditions under which the acts,
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records and proceedings referred to in clause (1) shall be proved and the effect
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thereof determined shall be as provided by law made by Parliament.
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(3) Final judgments or orders delivered or passed by civil courts in any
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part of the territory of India shall be capable of execution anywhere within tha
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t
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territory according to law.
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132
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THE CONSTITUTION OF INDIA
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Disputes relating to Waters
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262. Adjudication of disputes relating to waters of inter-State rivers
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or river valleys.—(1) Parliament may by law provide for the adjudication of
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any dispute or complaint with respect to the use, distribution or control of the
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waters of, or in, any inter-State river or river valley.
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(2) Notwithstanding anything in this Constitution, Parliament may by
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law provide that neither the Supreme Court nor any other court shall exercise
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jurisdiction in respect of any such dispute or complaint as is referred to in
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clause (1).
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Co-ordination between States
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263. Provisions with respect to an inter-State Council.—If at any time
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it appears to the President that the public interests would be served by the
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establishment of a Council charged with the duty of—
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(a) inquiring into and advising upon disputes which may have
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arisen between States;
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(b) investigating and discussing subjects in which some or all of
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the States, or the Union and one or more of the States, have a common
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interest; or
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(c) making recommendations upon any such subject and, in
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particular, recommendations for the better co-ordination of policy and
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action with respect to that subject,
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it shall be lawful for the President by order to establish such a Council, and t
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o
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define the nature of the duties to be performed by it and its organisation and
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procedure.
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