CENTRE-SYATE RELATIONSHIP : LEGISLATIVE AND ADMINISTRATIVE
❇️ Centre State Legislative Relationship
Article 245 to Article 255 deals with the Legislative Relationship between the Centre and the State.
ARTICLE 246 : SUBJECT MATTER JURISDICTION......
👉As it mentioned the VIIth schedule that three lists : UNION LIST, STATE LIST and CONCURRENT LIST.
🔹Union Parliament can make laws over UNION LIST as well as CONCURRENT LIST and State Legislature can make laws over STATE LIST as well as CONCURRENT LIST.
ARTICLE 248 : RESIDUARY POWER......
👉The matters of making laws regarding residuary power (i.e. the power to make laws regarding the subject matters not included in any of the UNION LIST, STATE LIST and CONCURRENT LIST), will always be in the hand of Union Parliament.
(Note: In America, this residuary power goes in the hand of STATE as America is true federation and India is quasi-federation.)
During Emergency, according to ARTICLE 250......
ARTICLE 250 : Parliament/Union will start making laws on the subject matters mentioned in the State List.
As during the Emergency, India starts behaving like a UNITARY STATE.
According to ARTICLE 249........
ARTICLE 249 : If Rajya Sabha (*voice of the State) which is the council of the States, claims that on NATIONAL INTEREST, on the subject matters listed in the State List, then Parliament will make Law on matters of State List.
Now, According to ARTICLE 252 , if two or more than two States request the Parliament to make law on Specific matters of the State List then Union Parliament is allowed to touch that State List. But the law made by the Parliament is only applicable to those States which have requested to do so.
Again, According to ARTICLE 253 , for any International Treaty or for any International Convention or for any Judgement of International Court, the Parliament/Union is allowed to touch the subject matters related to State List.
🐾Now, let's come to the word "INCONSISTENCY" which reflects that...
〰️ If Union Parliament has made Laws (during National Emergency according to ARTICLE 250 and National Interest according to ARTICLE 249) , which is just opposite to any Law made by the State then the Law made by Parliament will PREVAIL.
Like the same in REPUGNANCY which comes under ARTICLE 254, if the Law made by Parliament is just opposite to the State Law which is made before/after that UNION LAW, then the UNION LAW will Prevail....
(And these both "Inconsistency and Repugnancy" will work on the " DOCTRINE OF PITH AND SUBSTANCE" i.e. the final essence.)
So, there are five stages where the alteration happens with the statement that "STATE WILL MAKE LAWS ON THE SUBJECT LISTED IN STATE LIST". And the five stages are : ARTICLE 249, ARTICLE 250, ARTICLE 252, ARTICLE 253, ARTICLE 254.
❇️ Centre State Administrative Relationship
ARTICLE 256 TO ARTICLE 263 deals with the Administrative Relationship between Center and State.
ARTICLE 256 : Obligation of States and the Union, the Executive power of every State shall be so exercised as to ensure compliance with the 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.
In that Article, it has been presented that if the Union makes the Parliamentary Law then it is the duty of the Executive of the State to make it effective and do not pass any Law which would become hurdle in the path of that Parliament Law.
ARTICLE 257 : This Article talks about the control of Union over the State with regards to Executive Powers. In National Importance Relationship, the Union should control the State in executive prospective. Like :
👉 Ensuring communication/transportation etc facilities of military/air force/navy, if Union Executive demands.
👉 Declaring any highway to NATIONAL HIGHWAY
👉Work on the directions given by the Union Executive for the protection of the railways with in the State.
ARTICLE 258 : (THROUGH THE GOVERNOR)
The office of Governor will become the medium through which the Union/Centre can make that State to do something. So, it can be said that Governor is the channel or the bridge between the Centre and the State.
ARTICLE 261 : (FULL FAITH AND CREDIBILITY)
This article portraits that any Public Acts/Public Order/Judicial Proceedings shall get full faith and credibility in every State and throughout the territory of India. This Article also gives the essence of Federalism in India although India is a Quasi-federation.
ARTICLE 262 : Adjudication of disputes relating to water of inter State Rivers or River Valley.
🔸 Parliament may by Law for the adjustment of any dispute or complaint with respect to the use, distribution or control of the water of or in, any inter State river or river valley.
🔸 Supreme Court is excluded in the matters of any type of Adjudication.
ARTICLE 263 :
〰️To solve the dispute which may have arisen between States.
〰️To investigate the matters in which some or all the States or the Union have a common interest.
〰️For making recommendations upon any subjects for the better co-ordination of Policy.
The President has Administrative Power to form INTER STATE COUNCIL.
SO, INDIA IS A QUASI-FEDERATION WITH A UNITARY TILT.
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