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Center State Relation Part XI and XII | Article 245 to 300

Indian constitution notes

Indian Federal System- Indian Constitution Notes

India’s Center state relations 

The term federation is derived from Latin word Foedus, which means Agreement/Treaty. So, Federation Government is Government by agreement

The term Federation is not mentioned in the constitution of India. Instead of Federation word, under Article 1 says India i e., Bharath shall be union of states

However India is Federal since it satisfies and qualifies all basic feature of Federation

First Federal Government in the world is America(USA), for this reason it is known as classical/model federation. Even in USA constitution, the word “Federation” doesn’t exist

Basic features of federation

a) Division of power

b) Dual Government

c) Written and rigid constitution

d) Bicameralism at union level

e) There must be independent, impartial and supreme judiciary

f) Supremacy of constitution

India satisfies and qualifies all above mention features of Federation. But India do have some anti- Federal features 

Anti Federal feature

a) Single constitution expect for Jammu and Kashmir

b) Single Citizenship

c) Appointed governor

d) All India services- Like IAS, IPS works under state government but can’t be removed by state government. 

e) Emergence Powers

f) Unequal representation in Rajya Sabha

g) Residuary powers has been assigned to center

Note: In USA- Residuary powers given to states. In India, Resudary powers were given to center

Center State Relation Part XI and XII | Article 245 to 300

Article 245 to 300 deals with center state relations. They are 3 types of relations

a) Part XI: Article 245 to Article 255

Deals with legislative relations

b) Part XI: Article 256 to Article 263

Deals with administrative relations

c) Part XII: Article 246 to Article 300

Deals with financial relations

Legislative Relations in Indian constitution

PART XI: Article 245 to Article 255

Legislative relations implies, the subject matters on which the parliament and state legislature can makes a laws

Article 245 of Indian constitution: Extent of laws made by Parliament and by the legislature of states

This Article deals with extends/scope of law made by parliament or state legislature

The law made by state legislature is applicable to territorial jurisdiction of the state. The law made by parliament applicable not only in India but also applicable to Indians living in aboard

This power of parliament is known as Extra territorial legislation

Ex: Sarala Mudgal Case

Article 246 of Indian constitution: Subject- matter of laws made by parliament and by the legislatures of states

This article deals with division of powers  between center and state

There is 3 fold division

a) List one: It is also known as Union list. Originally contains 97 items, rights now 100 items

All the matters of national significance are assigned to center like International relations, Defence, nuclear energy, Arms, Citizenship, Banking, Currency, Major service sector

Few recently added items to Central list

a) Service tax

b) Sale tax on News papers

c) Inter state trade

b) List Two: State list. Originally 66 items, at present 61 items

All the matters of local significance are given to state like Police(law and order), jails, local government, cooperative sectors, public health, libraries, burial grounds, sanitation, sports, Agriculture, land revenue, fisheries, mines, livestock motor vehicle registration etc

c) List Three: Concurrent list. Originally 47 items, at present 52 items

Matters like civil and criminal proceeding, Planning- Socio economic planning, Population control, Marriage, divorce, Trust, Transfer property other than agricultural lands, trade unions, social security and etc

In 1976 by 42nd Amendment, some of the matters are transferred to Concurrent list from State list like Education, Forest, Administration of Justices, Legal metrology, Protection of environment and wild life, Electricity

Article 248 of Indian constitution: Residuary powers of legislature

The Remaining powers which excluded in 3 fold list are namely residuary powers. These were given to center under Article 248

Article 249 of Indian constitution: Power of Parliament to legislature with respect to a mater in the state List in the national interest

This Article deals with special powers of Rajya sabha, temporary transferring of State List items into Center List

Rajya sabha as to approves a resolution with special majority declaring of the subject matter in the State List have acquired national significance, if Loksabha also approves the motion then the subject matter is temporary transferred to Central List

Article 250 of Indian constitution: Power of Parliament to legislature with respect to any matter in the State List if proclamation of emergency is in operation

This article deals says that, Parliament can make a law in the State List during the times of National emergency

Article 251 of Indian constitution: Inconsistency between laws made by Parliament under article 249 and 250 and laws made by the legislature of states

This article deals says that, in case of inconsistency of Law made by parliament in State List under Article 249 and 250 then the Central law prevails over the State law

Article 252 of Indian constitution: Power of Parliament to legislature for two or more states by consent and adoption of such legislation by any other state

This article says that, Parliament of India can make a law in the State List after the request made by two or more States

Example: Prize money Act and Human organs transplantation Act are made by the Parliament upon the request of states

Article 253 of Indian constitution: Legislature for giving effect to international agreement 

This article says that, Parliament of India can make a law in the State List in order implement international treaties and agreements

Article 254 of Indian constitution: Inconsistency between laws made by parliament and laws made by the legislatures of states 

This article says that, Parliament and State legislature can make a law in concurrent list

If a State made a law in the concurrent list with the prior permission of President of India, State law prevails. 

Subsequently Central government makes a law on the same matter, ultimately Central law prevails

Administrative relations | Article 256 to 263

Article 256 of Indian constitution: Obligation of State and the Union 

This article says that, Every State government has to exercise its executive authority in such that not to prejudices the authority of center

Central government gives administrative directions orders for which and every State. States must follow, implement and comply with given orders

Article 257 of Indian constitution: Control of the Union over States in certain cases

This article says that, it is the responsibility of State government to protect and maintain the Central government properties and other establishments

If State government violates the Center government direction deliberately, it attract to Article 356

Note: Article 356 of Indian constitution: President Rule

Article 258 of Indian constitution: Powers of the Union to confer powers, etc., on states in certain cases

This article says that, Central government can entrust(gives) some of its functions to State

Article 258(A) of Indian constitution: Power of the states to entrust functions to the union

This article says that, State also entrust some of its function to Central government which symbolizes cooperative federation

Article 259 of Indian constitution: Repealed

Article 260 of Indian constitution: Jurisdiction of the Union in relation to territories outside India

This article says that, any newly acquired territory comes under the Central government

Article 261 of Indian constitution: Public acts, records and judicial proceedings

This article says that, all the document, certificates issued by various government must be honored by all institutions in India

Article 262 of Indian constitution: Adjudication of disputes relating to waters of inter state river valleys

This article says that, Parliament of India may established a inter state river water disputes tribunal. Inter state river water tribunal is legal body

Article 263 of Indian constitution: Provisions with respect to an inter state council

This article says that, President of India by order may established a Inter state council, which is constitutional body

It is advisory body on center-state and inter state relations. Inter state council established in 1990

Note: Chairman for Inter State council- Prime Minister of India

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