Chapter 15: CENTER STATE RELATIONS
Parliament can make laws for the whole or any
part of the territory of India.
Only Parliament can make law applicable to
Indians and their property in any part of the world
[extra-territorial jurisdiction]. States can make laws for
whole or part of the state only.
President can make regulations for peace,
progress and good government of UT’s
A&N, Lakshadweep, dadra nagar haveli and
daman diu. Such a regulation can amend or repeal law of
parliament for these territories.
Parliament can make laws on any matter in all
three lists for UT’s. Even though Delhi and puducherry
have CM + CoM the supreme control of president and
parliament over it isn’t affected. However legislative
assembly of both UT’s can make laws on state list [Delhi
can’t make on public order, police and land] and
Provision for administration of acquired
territories also is same as UT’s.
Governors are empowered to direct that an act
of parliament don’t apply to scheduled area of state or
apply with amends. Governor of Assam can do same for
tribal autonomous districts and president for the tribal
autonomous districts in Meghalaya, Tripura and
Union list has precedence over concurrent
list [and state list] and concurrent over state list. Only
parliament can make laws on residuary subjects [not on any
lists]. However if a state bill has been given assent by
the president then it prevails for that state. But
parliament can override this by making an act on the same
Under extraordinary circumstances the
parliament can make laws on matters on the state list
- Rajya Sabha passes a resolution with
two-third majority. Such a resolution has a life of one
year and can be extended any times. All such acts lapse
after 6 months of the resolution lapsing. The state can
still make a law on this matter when the resolution is
in force but union law prevails.
- During national emergencies the union can
make laws on matters in the state list but such laws
expire in 6 months of the emergency expiring. States can
make laws on the matter too but union laws prevail.
- Parliament can make laws on any matter of
state list to implement international conventions,
agreements and treaties.
- If two or more states pass a resolution
requesting parliament to make laws on a matter in the
state list then parliament can legislate for that matter
only. Such a law shall apply only to those states but
other states can join by passing similar resolutions.
Henceforth only parliament can make laws or amend/repeal
them on that matter for those states. The states shall
have lost that power with respect to that subject.
- During presidents rule in the state,
parliament can make laws for any matter in the state
list but for that state only. After the rule is over
these laws don’t lapse. But states can
Parliament can exercise control on state
- President can direct states to reserve
money and other financial bills for his assent during
- Bills on certain matters on state list can
be introduced in state legislatures only after
- Governor can reserve bills passed by state
legislatures for presidential assent. President enjoys
absolute veto over them.
Division of executive powers:
Centre has executive powers on matters on
which it can make legislations. This is for the entire
territory of India. Similarly states have executive powers
throughout their entire territory for all matters on which
it can legislate.
For matters in concurrent list executive
with state unless the constitution or the said law
confers it to the centre.
Executive power of state should be used in a
manner to ensure compliance with central laws and to
ensure that no impedance is caused to exercise of
executive powers of centre in the state.
Centre can give directions to the state for
the above purposes and non-compliance with such directions
can be a valid reason for declaring presidents rule in
President can assign an executive function
of the centre to the state government if it consents.
Governor too can entrust executive function of state to
centre if it agrees.
However, only parliament can confer executive
duties to a state government without the states consent by
passing a law.
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