Part XI: Relations between the Union and the States
Defines the legislative, administrative, and financial relationship between the central government (the Union) and the governments of the constituent states. This part contains crucial provisions that distribute powers and responsibilities, establishing the framework for India's federal structure. It is divided into two chapters: Legislative Relations and Administrative Relations.
Chapter I: Legislative Relations
Extent of laws made by Parliament and by the Legislatures of States
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. No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.
Subject-matter of laws made by Parliament and by the Legislatures of States
This is a core article for India's federal structure. It distributes legislative powers between the Union and the States through three lists in the Seventh Schedule: the Union List (exclusive to Parliament), the State List (exclusive to State Legislatures), and the Concurrent List (shared by both).
Residuary powers of legislation
Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This power includes the making of law imposing a tax not mentioned in either of those Lists. This establishes India as a federation with a strong Centre.
Power of Parliament to legislate with respect to a matter in the State List in the national interest
If the Rajya Sabha declares by a 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, Parliament becomes empowered to do so for the period specified in the resolution.
Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
While a Proclamation of Emergency is in operation, Parliament shall 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. Such laws cease to have effect on the expiration of six months after the Proclamation has ceased to operate.
Chapter II: Administrative Relations
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. 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.
Control of the Union over States in certain cases
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. The Union may give directions to a State for these purposes, and also for the construction and maintenance of means of communication declared to be of national or military importance.
Public acts, records and judicial proceedings
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. Their manner of proof and effect shall be determined by law made by Parliament. This ensures legal harmony and mutual recognition across the Union.
Adjudication of disputes relating to waters of inter-State rivers or river valleys
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 any inter-State river or river valley. Parliament may also provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute.
🏛️ Key Concepts in Part XI
Distribution of Powers (Seventh Schedule)
- Union List (List I): 100 subjects like Defence, Foreign Affairs, Banking, Currency.
- State List (List II): 61 subjects like Police, Public Order, Agriculture, Land.
- Concurrent List (List III): 52 subjects like Education, Marriage, Bankruptcy, Forests. In case of conflict, Union law prevails.
Parliament's Overriding Power
- Art. 249: Rajya Sabha resolution (National Interest)
- Art. 250: During a Proclamation of Emergency
- Art. 252: With consent of two or more States
- Art. 253: To implement international agreements
Center-State Relations
- Administrative: Union can give directions to States (Arts. 256-257).
- Cooperative Federalism: Provisions for inter-State councils (Art. 263).
- Dispute Resolution: Mechanisms for inter-State water disputes (Art. 262).
📝 Constitutional Significance
Part XI is the operational core of India's quasi-federal system. While it grants autonomy to States within their sphere (State List), it establishes clear mechanisms for Union supremacy to ensure national unity, security, and coordinated policy in critical areas. The balance it strikes between state autonomy and central authority is fundamental to India's governance. The provisions for the Union to legislate on State subjects under specific circumstances (Arts. 249, 250) highlight the Constitution's tilt towards a strong central government in times of need.
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