Chapter 15: CENTER STATE RELATIONS


Legislative 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 concurrent list.

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 Mizoram.

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 matter.

Under extraordinary circumstances the parliament can make laws on matters on the state list too if:

  1. 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.
  2. 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.
  3. Parliament can make laws on any matter of state list to implement international conventions, agreements and treaties.
  4. 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.
  5. 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 amend/repeal/re-enact them.


Parliament can exercise control on state legislations by:

  1. President can direct states to reserve money and other financial bills for his assent during financial emergency.
  2. Bills on certain matters on state list can be introduced in state legislatures only after presidential sanction.
  3. 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 power rests 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 that state.

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.

Quiz

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