Legislative and Administrative Relations between the Centre and States

The federal division

India's Constitution divides powers between the Centre and the states in three spheres: legislative, administrative and financial. Judicial power is not divided – there is an integrated judiciary. Part XI (Articles 245–263) covers legislative and administrative relations; Part XII covers finance.

Territorial extent of laws (Article 245)

Parliament can make laws for the whole or any part of the territory of India; a law of Parliament is not invalid because it has extra-territorial operation (for example, laws applying to Indian citizens abroad). A state legislature can make laws only for the whole or any part of the state, and its laws do not apply outside the state unless there is a sufficient territorial nexus. Limits on Parliament's territorial jurisdiction: the President can make regulations for peace and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu (Article 240), with the same force as an Act of Parliament; the Governor can direct that an Act of Parliament does not apply to a Scheduled Area (Fifth Schedule) or applies with modifications; and Governors of Assam, Meghalaya, Tripura and Mizoram have similar powers for tribal areas under the Sixth Schedule.

Three lists (Article 246 and the Seventh Schedule)

The 42nd Amendment (1976) transferred five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice (constitution of courts other than the Supreme Court and High Courts). The 101st Amendment (2016) introduced Article 246A, giving Parliament and state legislatures concurrent power to tax goods and services (GST), with Parliament having exclusive power over inter-state supply.

Residuary powers (Article 248) – subjects not in any list – belong to Parliament, including residuary taxes. (In the US and Australia residuary powers lie with the states; India follows Canada.)

Repugnancy (Article 254): if a state law conflicts with a central law on a Concurrent List subject, the central law prevails. Exception: if the state law was reserved for the President and received assent, it prevails in that state – but Parliament can later override it by a fresh law.

Parliamentary legislation in the State field

Parliament can legislate on State List subjects in five situations:

1. Rajya Sabha resolution (Article 249) – if the Rajya Sabha declares, by two-thirds of members present and voting, that it is necessary in the national interest. The resolution is valid for one year, renewable any number of times; the law ceases six months after the resolution lapses.
2. National emergency (Article 250) – Parliament can legislate on State List matters while the emergency is in force; such laws lapse six months after it ends.
3. Agreement of states (Article 252) – if two or more state legislatures pass resolutions requesting it; the law applies only to those states and others that adopt it later. Examples: Prize Competition Act 1955, Wild Life (Protection) Act 1972, Water (Prevention and Control of Pollution) Act 1974, Urban Land (Ceiling and Regulation) Act 1976, Transplantation of Human Organs Act 1994.
4. International agreements (Article 253) – to implement treaties and conventions; e.g. the United Nations (Privileges and Immunities) Act 1947, Geneva Conventions Act 1960, Anti-Hijacking Act 1982 and the environmental laws after the Stockholm and Rio conferences.
5. President's rule (Article 356) – Parliament can make laws for the state, or delegate the power to the President; such laws remain in force until altered by the state legislature.

Centre's control over state legislation: the Governor can reserve certain state bills for the President (Article 200), where the President has an absolute veto; bills on certain subjects need the President's prior sanction (e.g. restrictions on freedom of trade, Article 304); and during a financial emergency the President can direct states to reserve money bills.

Administrative relations (Articles 256–263)

• Article 256 – the executive power of every state must be exercised to ensure compliance with laws made by Parliament; the Centre can give directions for this.
• Article 257 – the state's executive power must not impede the Union's; the Centre can give directions on construction and maintenance of means of communication of national or military importance, protection of railways, and measures for the education of linguistic minorities in their mother tongue and welfare of STs.
• Article 365 – if a state fails to comply with Union directions, the President may hold that the state's government cannot be carried on according to the Constitution – a ground for President's rule.
• Mutual delegation (Articles 258 and 258A) – the President can entrust Union functions to a state with its consent (or by parliamentary law, without consent); a Governor can entrust state functions to the Centre with its consent.
• Article 261 – full faith and credit to public acts, records and judicial proceedings of the Union and every state.
• All-India Services (Article 312) – IAS, IPS and IFoS (Indian Forest Service, created in 1966). Officers are recruited and trained by the Centre but serve states; they can be disciplined (major penalties) only by the Centre. Sardar Patel called them the "steel frame" of India.
• Central armed police forces can be deployed in a state for maintaining law and order on the Centre's assessment, even without the state's request – a point of friction.
• Inter-state water disputes (Article 262) and Inter-State Council (Article 263) – covered in the inter-state relations lesson.

Practice: Mains question

*"The Seventh Schedule needs a fresh look in the light of changes since 1950." Discuss. (150 words)* Points: increasing Concurrent List and central schemes in state subjects (agriculture, health); the use of Article 252 and 253; GST under Article 246A; the Punchhi Commission's suggestions (consult states before legislating on Concurrent subjects; restrict use of Article 253 on state subjects); demands to move subjects like police, agriculture marketing or public health; and suggest a consultative mechanism through the Inter-State Council.

Common traps

• The 42nd Amendment moved five subjects to the Concurrent List – education, forests, weights and measures, wild animals and birds, administration of justice.
• Article 249 needs two-thirds of members present and voting in the Rajya Sabha only; the resolution lasts one year.
• Under Article 252, the law applies only to consenting states and only Parliament can amend it.
• Residuary powers lie with Parliament (Art 248).

Practice: check your understanding

1. *Police is a State subject. How then does the Centre maintain the CRPF?* "Armed forces of the Union" and their deployment in aid of civil power are in the Union List (Entry 2A, added in 1976), so Parliament can maintain such forces.
2. *Can Parliament legislate on public health, a State subject, during a pandemic?* It can use Concurrent List entries (e.g. prevention of infectious diseases spreading from one state to another – Entry 29) and laws such as the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005.