Part XI of the Constitution of India [Articles 245–263]: Relations Between the Union and the States

Introduction

Part XI of the Constitution of India plays a crucial role in defining the legislative and administrative relations between the Union and the States. Spanning Articles 245 to 263, it lays down the framework for distribution of powers, ensuring a balance between federalism and unitary features.

India follows a quasi-federal structure, where the Union is stronger than the States. Part XI is therefore central to understanding how governance is structured, how conflicts are resolved, and how coordination is maintained between different levels of government—an important topic for UPSC aspirants.

CHAPTER I: Legislative Relations (Articles 245–255)

Article 245 – Extent of Laws Made by Parliament and State Legislatures

Article 245 defines the territorial jurisdiction of laws made by Parliament and State Legislatures:

  • Parliament can make laws for the whole or any part of India.
  • State Legislatures can make laws for the whole or any part of the State.
  • Parliament also has the power to make extra-territorial legislation, meaning laws that apply beyond India’s borders (if they have a nexus with India).

This provision establishes the foundational authority for legislative competence.

Article 246 – Subject Matter of Laws Made by Parliament and State Legislatures

Article 246 provides for the distribution of legislative powers through three lists in the Seventh Schedule:

  • Union List (List I) – Subjects of national importance (e.g., defence, foreign affairs, banking).
  • State List (List II) – Subjects of local importance (e.g., police, public health, agriculture).
  • Concurrent List (List III) – Subjects where both can legislate (e.g., education, forests, marriage).

Hierarchy of lists:

  • Union List > Concurrent List > State List

This article is central to India’s federal structure.

Article 247 – Power of Parliament to Provide for Establishment of Certain Additional Courts

Parliament can establish additional courts for the better administration of laws made by Parliament, even if such matters fall within the State domain.

Article 248 – Residuary Powers of Legislation

  • Parliament has exclusive power to legislate on residuary subjects (subjects not mentioned in any list).
  • This reflects a strong Centre, unlike some federations where residuary powers lie with States.

Article 249 – Power of Parliament to Legislate on State List in National Interest

If the Rajya Sabha passes a resolution (2/3rd majority of members present and voting), Parliament can legislate on a State subject in the national interest.

  • Valid for 1 year, but can be extended.
  • Laws remain valid even after the resolution expires.

Article 250 – Power of Parliament to Legislate During Emergency

During a National Emergency in India, Parliament can legislate on State List subjects.

  • Such laws cease to operate 6 months after the emergency ends.

Article 251 – Inconsistency Between Laws Made by Parliament under Articles 249 & 250 and State Laws

  • In case of conflict, Parliamentary law prevails.
  • State laws become inoperative to the extent of inconsistency.

Article 252 – Power of Parliament to Legislate for Two or More States by Consent

If two or more States pass resolutions requesting Parliament to legislate on a State subject:

  • Parliament can make law applicable to those States.
  • Other States can adopt the law later.

This is an example of cooperative federalism.

Article 253 – Legislation for Giving Effect to International Agreements

Parliament can legislate on any subject (including State List) to implement international treaties and agreements, such as those under the United Nations.

Article 254 – Inconsistency Between Laws Made by Parliament and State Legislatures

In case of conflict on Concurrent List:

  • Central law prevails.

Exception:

  • If State law gets President’s assent, it can prevail in that State.
  • However, Parliament can override it later.

Article 255 – Requirements as to Recommendations and Previous Sanctions

  • Procedural requirements (like prior recommendation of the President or Governor) are directory, not mandatory.
  • Laws are not invalid merely due to procedural lapses unless expressly required.

CHAPTER II: Administrative Relations (Articles 256–263)

Article 256 – Obligation of States and the Union

  • States must ensure compliance with laws made by Parliament.
  • The Union can give directions to States for proper implementation.

Article 257 – Control of the Union over States

  • States must exercise executive power in a way that does not impede Union functions.
  • Union can give directions regarding:
    1. Communication systems
    2. Protection of railways

Article 258 – Power of the Union to Confer Powers on States

  • The Union can delegate executive functions to States with their consent.

Article 258A – Power of States to Entrust Functions to the Union

  • States can also entrust their functions to the Union.
  • This reflects mutual cooperation.

Article 259 – [Repealed]

  • This article has been repealed and is no longer in force.

Article 260 – Jurisdiction of the Union in Relation to Territories Outside India

  • The Government of India may undertake functions in foreign territories with the agreement of that territory.

Article 261 – Public Acts, Records and Judicial Proceedings

Full faith and credit shall be given to:

  • Public acts
  • Records
  • Judicial proceedings of Union and States

Ensures legal uniformity and recognition across India.

Article 262 – Adjudication of Disputes Relating to Waters

  • Parliament may provide for adjudication of inter-state river water disputes.
  • It can also exclude jurisdiction of courts, including the Supreme Court of India.

Example: Inter-State River Water Disputes Act.

Article 263 – Inter-State Council

The President may establish an Inter-State Council for:

  • Coordination between States
  • Investigating disputes
  • Discussing common policies

Example: Inter-State Council established in 1990.

Key Features of Part XI

1. Strong Centre

India’s Constitution provides greater power to the Union:

  • Residuary powers with Parliament
  • Power to legislate on State List under special circumstances
  • Control over State administration

2. Cooperative Federalism

  • Mechanisms like Article 252 and Article 263 promote cooperation.
  • Delegation of functions ensures flexibility.

3. Flexibility During Emergencies

  • Articles 249 and 250 enable the Centre to assume greater powers when needed.

4. Conflict Resolution Mechanisms

  • Article 254 resolves legislative conflicts.
  • Article 262 handles inter-state disputes.

Importance for UPSC Preparation

Part XI is extremely important for both Prelims and Mains:

Prelims: Direct questions on Articles, lists, and powers.

Mains (GS Paper II):

  • Federalism
  • Centre-State relations
  • Governance issues

Essay & Interview:

  • Topics like cooperative federalism, centralization vs decentralization.

Part XI of the Constitution of India establishes a carefully designed system of legislative and administrative relations between the Union and the States. While it gives primacy to the Centre, it also incorporates mechanisms for cooperation, flexibility, and coordination.

For UPSC aspirants, mastering Articles 245 to 263 is essential not only for understanding India’s constitutional framework but also for analyzing contemporary issues such as federal tensions, inter-state disputes, and governance challenges.

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