Legislative Relations Between the Union and the States (Articles 245–255)

At a Glance

• What it is How legislative powers are divided between the Centre and states
• Articles Articles 245 to 255 in Part XI
• Four aspects Territory, subjects, Parliament in the state field, Centre’s control
• Heads of relations Legislative, administrative and financial
• Exam link UPSC Prelims, Polity: Centre-State Relations

Where Does It Fit?

This is the first topic of the category on Centre-State Relations. The Constitution, being federal in structure, divides all powers (legislative, executive and financial) between the Centre and the states. There is no division of judicial power because the judicial system is integrated. The relations are studied under three heads: legislative, administrative and financial.

Territorial Extent of Legislation

Parliament can make laws for the whole or any part of the territory of India, which includes the states, the Union territories and any other area included in the territory. A state legislature can make laws for the whole or any part of the state, and its laws are not applicable outside the state except where there is a sufficient nexus between the state and the object. Parliament alone can make extra-territorial legislation, so its laws apply to Indian citizens and their property anywhere in the world. There are restrictions on Parliament’s territorial jurisdiction: the President can make regulations for peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu and Ladakh, and for Puducherry only when its assembly is suspended or dissolved; the Governor can direct that an Act of Parliament does not apply to a scheduled area or applies with modifications; and the Governor of Assam, and the President for Meghalaya, Tripura and Mizoram, can do the same for tribal areas.

Control of the Centre over State Legislation

1. The Governor can reserve a bill passed by the state legislature for the President’s consideration (Articles 200 and 201), and the President enjoys an absolute veto over it.
2. A state bill imposing restrictions on the freedom of trade, commerce and intercourse can be introduced only with the previous sanction of the President (Article 304).
3. During a Financial Emergency, the Centre can direct states to reserve money bills and other financial bills for the President (Article 360).
4. The Governor cannot make an ordinance without the President’s instructions in certain cases (Article 213).

The Constitution has thus assigned a position of superiority to the Centre in the legislative sphere. The Sarkaria Commission observed that the rule of federal supremacy is a technique to avoid absurdity, resolve conflict and ensure harmony between Union and state laws, and without it there would be legal chaos and confusion caused by conflicting laws.

Why Legislative Relations Matter

Legislative relations decide who makes the law on any given subject, and so who controls policy. The Constitution divides legislative powers both by territory and by subject, but also gives Parliament power in the state field in five extraordinary situations and allows the Centre to control state legislation in certain ways. Taken together, these provisions place the Centre in a position of superiority in the legislative sphere, which is a key reason for describing the Indian federation as one with a strong Centre.

Overview of the Four Aspects

Articles at a Glance

Why Is This Topic Important?

• Basic structure of the category Foundation for the legislative topics that follow
• Article list Matching Articles to topics is common
• Sarkaria quote Useful for Mains

What Came Next?

The next topic covers the Union, State and Concurrent Lists.

Key People and Terms

• Extra-territorial legislation Law operating outside India
• Nexus Connection with the state
• Regulations President’s laws for some Union territories
• Part XI Centre-State relations
• Federal supremacy Union law prevails

Exam Corner

Mains Angle

Questions on this topic usually ask about the Centre’s dominance. Use these points to add depth.

• Union supremacy Technique to avoid conflict
• Territorial limits Scheduled and tribal areas
• Control mechanisms Reservation and sanction
• Federal balance Sarkaria view