Part XI - Relation between Union and States (Article 245 - 263)

Part XI of the Constitution defines the relations between the Union and the States in the legislative, administrative and financial spheres, including the extent of their legislative and executive powers, and provisions for co-operation. The constitution of india provides a dual polity with a clear division of powers between the union and the states each being supreme within the sphere allotted to it. Like the union government the state government draw their authority directly from the constitution and are free to operate in the field allocated to them by the constitution. Part XI of the constitution is divided between legislative and administrative powers. The union state relations in the legislative sphere have been dealt by Articles 245 to 258. Under the constitution the division of powers between the union and state is divided into three - Union list, State list and Concurrent list. 

The Union list contains 99 subjects (previously 97 subjects) like defence, foreign affairs, currency, Railways etc. The States List contains 61 subjects (previously 66 subjects) like public order, health, sanitation, agriculture etc. The Concurrent List contains 52 subjects over which both the Union and the State governments can legislate; like criminal law and procedure, marriage contracts etc. 

The constitution clearly provides that the parliament shall have exclusive jurisdiction to make law for the whole or any part of the territory of India with regard to subjects mentioned in the Union list. The constitution also vests the residuary powers (enumerated in any of the three lists) with the central government. Though under ordinary circumstances the central government does not possess power to legislation on subjects enumerated in the state list, in certain circumstances, the parliament can also make laws on subjects mentioned on the state list. Then the parliament has to pass a resolution with 2/3rd majority that it is expedient to legislate on this state list in the national interest.

Administrative Relations between the Centre & the States

The Administrative relations between the centre and the states have been stated from Article 256 to Article 263 of Constitution.

Relation between Union and States (Article 245 - 263)

Legislative Relations

Article 245: Extent of laws made by Parliament and by the Legislatures of States

Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States

Article 246A: Special provision with respect to goods and services tax

Article 247: Power of Parliament to provide for the establishment of certain additional courts

Article 248: Residuary powers of legislation

Article 249: Power of Parliament to legislate with respect to a matter in the State List in the national interest

Article 250: 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

Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

Article 253: Legislation for giving effect to international agreements

Article 254: 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

Administrative Relations

Article 256: Obligation of States and the Union

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

Article 257A: Assistance to States by deployment of armed forces or other forces of the Union

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: Armed Forces in States in Part B of the First Schedule

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