Overview
Test Series
Part XI of Indian Constitution lays down the framework that governs the relationship between the central government and the state governments. It focuses on both legislative and administrative relations and aims to ensure a cooperative federal structure.Part 11 deals with Relations between Union And States covering Article from 245 to 263.
The detailed overview has been explained as under -
Part |
Articles |
Description |
Part XI |
Articles 245-263 |
Relation between the Union and States |
Part XI of Indian Constitution, titled "Relations between the Union and the States," outlines the framework for legislative and administrative relations between the Union and State governments . It plays a crucial role in defining India’s federal structure and ensuring cooperative federalism.
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Chapter I of Part XI deals with legislative relations covering Articles 245 to 255. It includes key provisions such as Article 245 (territorial extent of laws), Article 246 (distribution of legislative subjects between Union, State, and Concurrent Lists), Article 249 (Parliament’s power to legislate on State List in national interest), Article 250 (Parliament's powers during emergencies), and Article 254 (resolution of conflicts between Union and State laws).
Chapter II focuses on administrative relations, from Articles 256 to 263, highlighting how States must comply with Union laws. Articles 258 and 258A deal with delegation of powers between the Union and States, while Article 262 addresses inter-State water disputes, and Article 263 provides for the establishment of an Inter-State Council to promote coordination.
Overall, Part 11 of Indian Constitution is essential for maintaining a balance of power and coordination between different levels of government in India’s quasi-federal system.
Following is a brief scheme of Part XI of Indian Constitution :
Chapters |
Articles |
Description |
Chapter I - |
Extent of laws made by Parliament and by the Legislatures of States |
|
Subject-matter of laws made by Parliament and by the Legislatures of States |
||
Article 247 |
Power of Parliament to provide for the establishment of certain additional courts |
|
Residuary powers of legislation |
||
Power of Parliament to legislate with respect to a matter in the State List in the national interest |
||
Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation |
||
Article 251 |
Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States |
|
Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State |
||
Legislation for giving effect to international agreements |
||
Inconsistency between laws made by Parliament and laws made by the Legislatures of States |
||
Article 255 |
Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only |
|
Chapter II - |
Article 256 |
Obligation of States and the Union |
Control of the Union over States in certain cases |
||
Article 257A |
Repealed |
|
Article 258 |
Power of the Union to confer powers, etc., on States in certain cases |
|
Article 258A |
Power of the States to entrust functions to the Union |
|
Article 259 |
Repealed |
|
Article 260 |
Jurisdiction of the Union in relation to territories outside India |
|
Article 261 |
Public acts, records and judicial proceedings |
|
Article 262 |
Adjudication of disputes relating to waters of inter-State rivers or river valleys |
|
Article 263 |
Provisions with respect to an inter-State Council |
Part XI of the Indian Constitution outlines the framework for the distribution of powers between the Centre and the States. It covers key aspects of legislative and administrative relations, including law-making authority, division of powers, and the Union’s control over state functions.
Division |
Aspect |
Article |
Key Provision |
Legislative Relations |
Extent of Law-Making Authority |
Article 245 |
Parliament can make laws for the whole of India; State Legislatures for their states |
Division of Legislative Powers |
Article 246 |
Subjects divided into Union List, State List, and Concurrent List |
|
Legislation in National Interest |
Article 249 |
Parliament can legislate on State List subjects with Rajya Sabha’s two-thirds majority |
|
Administrative Relations |
Executive Obligation |
Article 256 |
States must exercise executive power in compliance with laws made by Parliament |
Union's Control Over States |
Article 257 |
Union can direct States in certain matters |
|
Assistance by Armed Forces (Repealed) |
Article 257A |
Allowed Union armed forces to assist States when needed (now repealed) |
Here are few landmark cases related to Part XI of Indian Constitution-
1 . State of West Bengal v. Union of India (1963):
This case of the State of West Bengal v UOI directly addressed the legislative relations between the Union and the States under Part XI. The West Bengal government challenged the Union’s power to acquire land in the state for public purposes. The Supreme Court upheld the supremacy of Parliament under Article 246, ruling that in a federal structure like India, the Union has overriding legislative authority in matters where there is a conflict between Central and State laws on subjects in the Concurrent List. This case emphasized the unitary tilt of the Constitution in legislative matters.
2 . In Re: Presidential Reference (Inter-State River Disputes, 2011):
This case involved the interpretation of Article 262 under Part XI, which allows Parliament to adjudicate inter-State river water disputes and bar judicial intervention. The Supreme Court clarified that while Article 262 empowers Parliament to exclude the jurisdiction of courts in water disputes such exclusion must be express and not implied. This case highlighted the importance of cooperative federalism and the constitutional mechanism for administrative relations and dispute resolution between states.
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