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Part XI of the Constitution of India (Articles 245–263) governs relations between the Union and the States in legislative and administrative spheres, including the extent of law-making powers, distribution across Lists, circumstances for Parliament’s legislation on State subjects, conflict rules, delegation of functions, inter-State water disputes, and the Inter-State Council.
Articles 245 to 263
Extent of laws made by Parliament and by the Legislatures of States
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Subject-matter of laws made by Parliament and by the Legislatures of States
Special provision with respect to goods and services tax
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
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
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Legislation for giving effect to international agreements
Inconsistency between laws made by Parliament and laws made by the Legislatures of States
Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only
Obligation of States and the Union
Control of the Union over States in certain cases
Assistance to States by deployment of armed forces or other forces of the Union
Power of the Union to confer powers, etc., on States in certain cases
Power of the States to entrust functions to the Union
Armed Forces in States in Part B of the First Schedule
Jurisdiction of the Union in relation to territories outside India
Public acts, records and judicial proceedings
Adjudication of disputes relating to waters of inter-State rivers or river valleys
Provisions with respect to an inter-State Council
Frequently Asked Questions
What is provided in Article 245?
Article 245 sets the territorial reach of laws made by Parliament and State Legislatures and states that no law made by Parliament is invalid merely for extra-territorial operation.
How are legislative subjects distributed under Article 246 and 246A?
Article 246 distributes subjects across the Union, State, and Concurrent Lists, while Article 246A provides special provisions with respect to goods and services tax.
What are Parliament’s powers over State List matters?
Parliament may legislate on State List matters in the national interest with Rajya Sabha’s resolution (Article 249) and during a Proclamation of Emergency (Article 250).
How are conflicts between Union and State laws resolved?
Article 254 addresses repugnancy between State laws and Parliamentary laws on Concurrent subjects; Articles 251–252 provide rules for inconsistencies and Parliament legislating for consenting States.
What do Articles 256 and 257 stipulate?
Article 256 obliges States to ensure executive action complies with Parliamentary laws; Article 257 provides for the Union’s control over States in certain cases.
Can functions be delegated between the Union and the States?
Yes, Article 258 allows the Union to confer powers on States, and Article 258A allows States to entrust functions to the Union by agreement.
What does Article 262 provide regarding water disputes?
Article 262 empowers Parliament to provide for adjudication of disputes relating to waters of inter-State rivers and to bar the jurisdiction of courts in such disputes by law.