Centre state relations made simple

1. Centre State Relations

2. Centre State Relations
• Chapter I of Part XI (Articles 245 to 255) of the Indian Constitution
read with 7th Schedule covers the legislative relationship between
the Union and the States.
• The entire legislative sphere has been divided on the basis of:
a. Territory with respect to which the laws are to be made, and
b. Subject matter on which laws are to be made.
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3. Territorial jurisdiction
• Parliament may make laws for the whole of India and the
legislature of a state may make laws for the whole or any part of
the state.
• Parliament in some cases can make laws which are effective even
outside India.
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4. Subject matter jurisdiction
• On the basis of subject matter jurisdiction is divided in to
1. Union List - This list contains the subject matter in which
parliament has power to legislate.
• In no case state has power to legislate on the given matters.
• There are 97 entries in this list.
• The main subjects of the union list are of national interest and
importance like defence, foreign affairs, currency and coinage,
war and peace, atomic energy, etc.
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5. State list
• Contains the matters in which state legislature has power to
legislate.
• But at the time of proclamation of emergency the power of the
state shifts to the parliament.
• There were 66 entries in this list initially (currently there are 61
items).
• The main subjects of the state list are public order, police, state
court fees, prisons, local government, public health and
sanitation, hospitals and dispensaries, etc.
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6. Concurrent List
• Contains the matters in which both parliament and state
legislature can legislate.
• When there is a conflict between such laws made by centre and
state on same subject matter then the law made by parliament
shall prevail over the law made by the state legislature.
• There are 47 entries (though there are 52 items currently) in this
list.
• The main subjects listed in this list are criminal law, criminal
procedure, marriage and divorce, transfer of property, etc.
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7. Residuary list
• With respect to all those matters which are not included in any
of the 3 lists, Parliament has the exclusive power to make laws.
• It is called the residuary legislative power of parliament.
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8. Power of Parliament to make Laws on State List
• State Legislatures have the exclusive powers to make laws with
respect to the subjects in the State List
• Exceptions are
• 1. In the National Interest - whenever parliament feels that it is
necessary to legislate on the state list in public interest
• 2. During a proclamation of emergency, Parliament has power
to make laws for the whole or any part of the territory of India
• These laws will cease to have effect on the expiration of 6 months
after the proclamation ceases to operate.
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9. • 3. Breakdown of Constitutional Machinery in a State - In case
the Governor of a State reports to the President, or he is
otherwise satisfied that the Govt of a State cannot be carried on
according to the provisions of the Constitution, President) can
make a proclamation to that effect.
• 4. On the request of two or more States - The exercise of such
power is conditional upon an agreement between two or more
States requesting Parliament to legislate for them on a specified
subject.
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10. • The law so made may be adopted by other States also, by
passing resolutions in their legislatures.
• Once such law has been ade, the power of those State
legislatures which originally requested or which later on adopted
such law is curtailed as regards that matter;
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11. • 5. Legislation for enforcing international agreements -
• Parliament has exclusive power with respect to foreign affairs
and entering into treaties and agreements with foreign countries
and implementing of treaties and agreements and
conventions with foreign countries and to give effect to the
agreement parliament needs to pass a law on the subject-matter
which originally belongs to the state, it can do so.
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12. Interpretation of the Legislative Lists
• Plenary Powers: The first and foremost rule is that if legislative
power is granted with respect to a subject and there are no
limitations imposed on the power, then it is to be given the widest
scope that its words are capable of, without, rendering another
item nugatory.
1. A legislature to which a power is granted over a particular
subject may make law on any aspect or on all aspects of it;
2. It can make a retrospective law or a prospective law and it
can also make law on all matters ancillary to that matter.
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13. For example, if power to collect taxes is granted to a legislature,
the power not to collect taxes or the power to remit taxes shall be
presumed to be included within the power to collect taxes.
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14. Harmonious Construction
• Different entries in the different lists are to be interpreted in such
a way that a conflict between them is avoided and each of them is
given effect.
• It must be accepted that the Constitution does not want to create
conflict and make any entry nugatory.
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15. The rule of pith and substance
• Means that where a law in reality and substance falls within an
item on which the legislature which enacted that law is competent
to legislate, then such law shall not become invalid merely
because it incidentally touches a matter outside the competence
of legislature.
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16. Doctrine of colourable legislation
• It says that ‘whatever legislature can’t do directly, it cant do
indirectly.’
• When a legislature seeks to do something in an indirect manner
what it cannot do directly, the court struck such law.
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17. Freedom of Trade, Commerce and Intercourse
• Art 301 says that the trade, commerce and intercourse
throughout the territory of India shall be free.
• Restrictions in the form of taxes can be imposed.
• Applies throughout the territory of India.
• Not only applicable to intra state but also to inter state trade,
commerce and intercourse.
• The intension is to make whole territory of India as one for free
flow of trade and commerce.
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18. Articles 302 & 303
• Parliament can impose restriction on freedom of trade, commerce
and intercourse in public interest.
• Art 303
• While imposing restrictions, the parliament should not discriminate
between the states.
• Discrimination can only be done in case of scarcity of goods.
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19. Articles 304 & 305
• Art 304
• State legislature can impose taxes on goods which comes into
their state from other states if those goods are subject to taxation
in their respective states.
• Art 305
• The laws which create state monopoly in any trade, etc. are valid
irrespective of the fact that they directly impede or restrict the
freedom of trade and commerce.
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20. Thank You
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