PART XI
LEGISLATIVE RELATIONS
(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by
Parliament shall be deemed to be invalid on the ground that it would have
extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the Legislatures of States.-
(1) Notwithstanding anything in clauses (2)
and (3), Parliament has exclusive power to make laws with respect to
any of the matters enumerated in List I in the Seventh Schedule (in
this Constitution referred to as the "Union List"). (2) Notwithstanding anything in clause (3), Parliament, and, subject
to clause (1), the Legislature of any State also, have power
to make laws with respect to any of the matters enumerated in List III
in the Seventh Schedule (in this Constitution referred to as the
"Concurrent List"). (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part
thereof with respect to any of the matters enumerated in List II in
the Seventh Schedule (in this Constitution referred to as the "State
List"). (4) Parliament has power to make laws with respect to any matter for
any part of the territory of India not included [in a State]
notwithstanding that such matter is a matter enumerated in the State
List.
247. Power of Parliament to provide for the establishment of certain
additional courts.-
Notwithstanding anything in this Chapter,
Parliament may by law provide for the establishment of any additional
courts for the better administration of laws made by Parliament or of
any existing laws with respect to a matter enumerated in the Union
List.
248. Residuary powers of legislation.-
(1) Parliament has exclusive
power to make any law with respect to any matter not enumerated in the
Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a
tax not mentioned in either of those Lists. 249. Power of Parliament to legislate with respect to a matter in the
State List in the national interest.-
(1) Notwithstanding anything in
the foregoing provisions of this Chapter, if the Council of States has
declared by resolution supported by not less than two-thirds of the
members present and voting that it is necessary or expedient in the
national interest that Parliament should make laws with respect to any
matter enumerated in the State List specified in the resolution, it
shall be lawful for Parliament to make laws for the whole or any part
of the territory of India with respect to that matter while the
resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for
such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the
continuance in force of any such resolution is passed in the manner
provided in clause (1), such resolution shall continue in force for a
further period of one year from the date on which under this clause it
would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the
passing of a resolution under clause (1) have been competent to make
shall, to the extent of the incompetency, cease to have effect on the
expiration of a period of six months after the resolution has ceased
to be in force, except as respects things done or omitted to be done
before the expiration of the said period. 250. Power of Parliament to legislate with respect to any matter in
the State List if a Proclamation of Emergency is in operation.-
(1)
Notwithstanding anything in this Chapter, Parliament shall, while a
Proclamation of Emergency is in operation, have power to make laws for
the whole or any part of the territory of India with respect to any of
the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the
issue of a Proclamation of Emergency have been competent to make
shall, to the extent of the incompetency, cease to have effect on the
expiration of a period of six months after the Proclamation has ceased
to operate, except as respects things done or omitted to be done
before the expiration of the said period.
251. Inconsistency between laws made by Parliament under articles 249
and 250 and laws made by the Legislatures of States.-
Nothing in
articles 249 and 250 shall restrict the power of the Legislature of a
State to make any law which under this Constitution it has power to
make, but if any provision of a law made by the Legislature of a State
is repugnant to any provision of a law made by Parliament which
Parliament has under either of the said articles power to make, the
law made by Parliament, whether passed before or after the law made by
the Legislature of the State, shall prevail, and the law made by the
Legislature of the State shall to the extent of the repugnance, but so
long only as the law made by Parliament continues to have effect, be
inoperative.
252. Power of Parliament to legislate for two or more States by
consent and adoption of such legislation by any other State.-
(1) If
it appears to the Legislatures of two or more States to be desirable
that any of the matters with respect to which Parliament has no power
to make laws for the States except as provided in articles 249 and 250
should be regulated in such States by Parliament by law, and if
resolutions to that effect are passed by all the Houses of the
Legislatures of those States, it shall be lawful for Parliament to
pass an Act for regulating that matter accordingly, and any Act so
passed shall apply to such States and to any other State by which it
is adopted afterwards by resolution passed in that behalf by the House
or, where there are two Houses, by each of the Houses of the
Legislature of that State. (2) Any Act so passed by Parliament may be amended or repealed by an
Act of Parliament passed or adopted in like manner but shall not, as
respects any State to which it applies, be amended or repealed by an
Act of the Legislature of that State.
253. Legislation for giving effect to international agreements.-
Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the
territory of India for implementing any treaty, agreement or
convention with any other country or countries or any decision made at
any international conference, association or other body.
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.-
(1) If any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament which Parliament is competent to enact, or to any provision
of an existing law with respect to one of the matters enumerated in
the Concurrent List, then, subject to the provisions of clause (2),
the law made by Parliament, whether passed before or after the law
made by the Legislature of such State, or, as the case may be, the
existing law, shall prevail and the law made by the Legislature of the
State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State with
respect to one of the matters enumerated in the Concurrent List
contains any provision repugnant to the provisions of an earlier law
made by Parliament or an existing law with respect to that matter,
then, the law so made by the Legislature of such State shall, if it
has been reserved for the consideration of the President and has
received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from
enacting at any time any law with respect to the same matter including
a law adding to, amending, varying or repealing the law so made by the
Legislature of the State.
255. Requirements as to recommendations and previous sanctions to be
regarded as matters of procedure only.-
No Act of Parliament or of the
Legislature of a State, and no provision in any such Act, shall
be invalid by reason only that some recommendation or previous
sanction required by this Constitution was not given, if assent to
that Act was given- (a) where the recommendation required was that of the Governor, either
by the Governor or by the President; (b) where the recommendation required was that of the Rajpramukh,
either by the Rajpramukh or by the President; (c) where the recommendation or previous sanction required was that of
the President, by the President. General 256. Obligation of States and the Union.-
The executive power of every
State shall be so exercised as to ensure compliance with the laws made
by Parliament and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be
necessary for that purpose.
257. Control of the Union over States in certain cases.-
(1) The
executive power of every State shall be so exercised as not to impede
or prejudice the exercise of the executive power of the Union, and the
executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be
necessary for that purpose. (2) The executive power of the Union shall also extend to the giving
of directions to a State as to the construction and maintenance of
means of communication declared in the direction to be of national or
military importance: Provided that nothing in this clause shall be taken as restricting the
power of Parliament to declare highways or waterways to be national
highways or national waterways or the power of the Union with respect
to the highways or waterways so declared or the power of the Union to
construct and maintain means of communication as part of its functions
with respect to naval, military and air force works. (3) The executive power of the Union shall also extend to the giving
of directions to a State as to the measures to be taken for the
protection of the railways within the State. (4) Where in carrying out any direction given to a State under clause
(2) as to the construction or maintenance of any means of
communication or under clause (3) as to the measures to be taken for
the protection of any railway, costs have been incurred in excess of
those which would have been incurred in the discharge of the normal
duties of the State if such direction had not been given, there shall
be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of India, in respect of the
extra costs so incurred by the State.
257A. [Assistance to States by deployment of armed forces or
other forces of the Union.] Rep. by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979). 258. Power of the Union to confer powers, etc., on States in certain
cases.-
(1) Notwithstanding anything in this Constitution, the
President may, with the consent of the Government of a State, entrust
either conditionally or unconditionally to that Government or to its
officers functions in relation to any matter to which the executive
power of the Union extends. (2) A law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the
Legislature of the State has no power to make laws, confer powers and
impose duties, or authorise the conferring of powers and the
imposition of duties, upon the State or officers and authorities
thereof. (3) Where by virtue of this article powers and duties have been
conferred or imposed upon a State or officers or authorities thereof,
there shall be paid by the Government of India to the State such sum
as may be agreed, or, in default of agreement, as may be determined by
an arbitrator appointed by the Chief Justice of India, in respect of
any extra costs of administration incurred by the State in connection
with the exercise of those powers and duties. 258A. Power of the States to entrust functions to the Union.-
Notwithstanding anything in this Constitution, the Governor of a State
may, with the consent of the Government of India, entrust either
conditionally or unconditionally to that Government or to its officers
functions in relation to any matter to which the executive power of
the State extends.]
259. [Armed Forces in States in Part B of the First Schedule.]
Rep.
by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
260. Jurisdiction of the Union in relation to territories outside India.-
The Government of India may by agreement with the Government
of any territory not being part of the territory of India undertake
any executive, legislative or judicial functions vested in the
Government of such territory, but every such agreement shall be
subject to, and governed by, any law relating to the exercise of
foreign jurisdiction for the time being in force.
261. Public acts, records and judicial proceedings.-
(1) Full faith
and credit shall be given throughout the territory of India to public
acts, records and judicial proceedings of the Union and of every
State.
Disputes relating to Waters 262. Adjudication of disputes relating to waters of inter-State
rivers or river valleys.-
(2) The manner in which and the conditions under which the acts,
records and proceedings referred to in clause (1) shall be proved and
the effect thereof determined shall be as provided by law made by
Parliament.
(3) Final judgments or orders delivered or passed by civil courts in
any part of the territory of India shall be capable of execution
anywhere within that territory according to law.
(1) Parliament may by law provide for the
adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any inter-State river
or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by
law provide that neither the Supreme Court nor any other court shall
exercise jurisdiction in respect of any such dispute or complaint as
is referred to in clause (1).
Co-ordination between States
263. Provisions with respect to an inter-State Council.- If at any
time it appears to the President that the public interests would be
served by the establishment of a Council charged with the duty of- (a) inquiring into and advising upon disputes which may have arisen
between States; (b) investigating and discussing subjects in which some or all of the
States, or the Union and one or more of the States, have a common
interest; or (c) making recommendations upon any such subject and, in particular,
recommendations for the better co-ordination of policy and action with
respect to that subject, it shall be lawful for the President by order to establish such a
Council, and to define the nature of the duties to be performed by it
and its organisation and procedure.