Centre–State Relations

Legislative relations between the Centre and the States are governed primarily by Articles 245 to 255 in Part XI of the Constitution. These provisions define the distribution and extent of law-making powers in India’s federal system.

The Indian Constitution divides legislative powers between the Union and the States with respect to both:

• Territorial jurisdiction
• Subject-matter of legislation

In addition, the Constitution provides for Parliament’s authority to legislate on State subjects under certain exceptional circumstances, as well as mechanisms through which the Centre exercises control over State legislation.

1.Territorial Extent of Central and State Legislation

Extent of Parliamentary Legislation

• Parliament has the authority to make laws for the entire territory of India or any part of it.
  • The “territory of India” includes:
    • States
    • Union Territories
    •  Any area that may be acquired or included in the future
  • Parliament alone possesses the power to enact extra-territorial legislation, meaning its laws can apply to:
    • Indian citizens residing abroad
    • Property and interests of Indians outside India

Extent of State Legislation

• A State Legislature can make laws for the whole or any part of the state.
  • Such laws generally operate only within the territorial boundaries of the state.
  • However, a state law may have extra-territorial effect if there exists a sufficient territorial nexus between the state and the object.

Exceptions and Limitations on Parliamentary Jurisdiction

Despite its wide territorial reach, Parliament’s authority is subject to certain constitutional exceptions:

• The President can issue regulations for certain Union Territories (such as Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Ladakh) for their peace, progress, and good governance.
• These regulations have the same force as a parliamentary law and can even amend or repeal existing laws applicable to these territories.
•  In the case of Puducherry, the President can exercise similar powers when the Legislative Assembly is suspended or dissolved.
• The Governor of a state can direct that a parliamentary law:
  • Does not apply to Scheduled Areas, or
  • Applies with modifications or exceptions
• In Assam, the Governor has similar powers with respect to tribal areas (autonomous districts).
• The President exercises such powers for tribal areas in Meghalaya, Tripura, and Mizoram.

2.Distribution of Legislative Subjects

The Constitution provides a clear framework for the distribution of legislative powers between the Centre and the States through the Seventh Schedule. This ensures an orderly division of responsibilities in India’s federal system.

The subjects of legislation are divided into three lists:

• Union List
• State List
• Concurrent List

Union List

• Contains subjects of national importance that require uniformity across the country
• Only Parliament has exclusive power to legislate on these matters
• Examples include:
  • Defence
  • – Foreign affairs
  • – Banking
  • – Currency
  • – Atomic energy
  • – Railways
• There are currently 100 subjects in the Union List (List I) of the Seventh Schedule of the Indian Constitution.The list originally contained 97 subjects when the Constitution was enacted in 1950.

State List

• Contains subjects of local and regional importance
• Only State Legislatures can legislate on these matters under normal circumstances
• Examples include:
  • Police
  • Public order
  • Public health
  • Agriculture
  • Local government
• There are currently 61 subjects in the State List (List II) of the Seventh Schedule of the Indian Constitution. Originally, the list contained 66 subjects.

Concurrent List

• Contains subjects of common interest to both Centre and States
• Both Parliament and State Legislatures can legislate on these matters
• Examples include:
  • Education
  • Forests
  •  Marriage and divorce
  • Bankruptcy and insolvency
  • Trade unions
• At present, the Concurrent List contains 52 subjects. Originally, the list contained 47 subjects.

42nd Constitutional Amendment, 1976

42nd Constitutional Amendment shifted five subjects from State List to Concurrent List   

• Education
• Weights & measures 
• Administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.
• Forests
• Protection of wild animals and birds

Parliament’s Legislative Power over Union Territories or Acquired Territories(Article 246)

• 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.

Residuary Powers of Legislation

• Residuary powers of legislation (subjects not mentioned in Union, State, or Concurrent List) are vested in the Parliament.This also includes the power to levy taxes on residuary subjects.

Nature of Subjects in Lists

• The Union List includes matters of national importance requiring uniformity across the country
• The State List contains matters of regional and local importance, allowing diversity based on local needs
• The Concurrent List includes subjects where uniformity is desirable but not essential, enabling both Centre and States to legislate

Comparative Federal Perspective

• In the United States, only federal powers are enumerated, and residuary powers lie with the States
• In Australia, a similar system of single enumeration exists
• In Canada, there is dual enumeration, and residuary powers are vested in the Centre
• The Government of India Act, 1935 introduced a three-fold distribution (Federal, Provincial, Concurrent)
• The Indian Constitution adopts this three-list system, but unlike 1935, residuary powers are vested in the Centre, following the Canadian model

Principle of Union Supremacy

The Constitution ensures the predominance of the Union in legislative matters:

• In case of overlap between Union List and State List → Union List prevails
• In case of overlap between Union List and Concurrent List → Union List prevails
• In case of overlap between Concurrent List and State List → Concurrent List prevails

Doctrine of Repugnancy (Article 254)

• When a Central law and State law conflict on a Concurrent List subject, the Central law prevails
• Exception:If the State law is reserved for the President and receives Presidential assent, it prevails in that State
• However, Parliament can override such a State law later.

3.Parliamentary Legislation in the State Field

Although the Constitution assigns subjects in the State List to State Legislatures, it also provides certain exceptional situations where Parliament can legislate on State subjects. This reflects the unitary tilt of the Indian Constitution.

Parliament can legislate on matters in the State List under the following five circumstances:

A.In National Interest (Article 249)

Parliament can legislate on matters in the State List if the Rajya Sabha declares that it is necessary in the national interest.

• Such a resolution must be passed by the Rajya Sabha with a two-thirds majority of members present and voting
• Once passed, Parliament gains the authority to make laws on the specified State subject (including matters like Goods and Services Tax)
• The resolution remains valid for one year, but it can be renewed any number of times, each time for a maximum of one year
• Duration and Effect of Law:
  • Laws made under this provision remain in force as long as the resolution is in effect
  • After the resolution lapses, such laws continue to operate for an additional six months

• Relation with State Laws:
  • The State Legislature is not barred from making laws on the same subject
  • However, in case of any conflict between State law and Parliamentary law, the Parliamentary law prevails

B.During National Emergency (Article 250)

• During a National Emergency, Parliament is empowered to legislate on matters in the State List, including subjects such as Goods and Services Tax (GST).
  • This power remains valid as long as the Emergency is in operation
• Duration and Effect of Law:
  • Laws made under this provision continue to operate during the Emergency
  • After the Emergency ends, such laws remain in force for an additional six months, after which they become inoperative
• Relation with State Laws
  • The State Legislature is not restricted from making laws on the same subject
  • However, in case of conflict between State law and Parliamentary law, the Parliamentary law prevails

C.With Consent of States (Article 252)

• • Parliament can legislate on a matter in the State List when two or more State Legislatures pass resolutions requesting it to do so.
    • The law made by Parliament initially applies only to those States which have passed such resolutions
    • Other States can adopt the law later by passing a similar resolution in their legislatures
  • Effect on Legislative Powers
    • Once Parliament enacts a law under this provision, the State Legislatures lose the power to legislate on that subject
    • The power over that subject is effectively transferred to Parliament
    • Any such law can be amended or repealed only by Parliament, not by the concerned States
  • Nature of the Resolution
    • The resolution passed by States is considered a voluntary transfer (or surrender) of legislative power
    •  It enables Parliament to legislate on a matter over which it otherwise has no authority

• Examples of Laws Enacted under Article 252

• • 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
  • Prize Competitions Act, 1955

D.To Implement International Agreements (Article 253)

• • Parliament can legislate on State List matters to implement international treaties, agreements, or conventions, even without State consent.
  • This power enables the Union Government to fulfil its international obligations and commitments
  • Unlike other provisions, State consent is not required for Parliament to legislate under this Article

• Scope and Significance

• • • This provision ensures uniform implementation of international obligations across the country
    • It reinforces the primacy of the Union in matters of foreign policy and international relations

• Examples of Laws Enacted

• • United Nations (Privileges and Immunities) Act, 1947
  • Geneva Conventions Act, 1960
  • Anti-Hijacking Act, 1982
  •  Laws related to environmental protection and TRIPS (Trade-Related Aspects of Intellectual Property Rights

E.During President’s Rule (Article 356)

• When a State is under President’s Rule, Parliament assumes the power of the State Legislature and can legislate on State subjects.
• Duration and Effect of Law
  • Laws made by Parliament under this provision continue to remain in force even after President’s Rule ends
  • Thus, such laws are not limited to the duration of President’s Rule
• Role of State Legislature After Restoration
  • Once normal governance is restored, the State Legislature can repeal, amend, or re-enact such laws

4.Centre’s Control over State Legislation

Apart from directly legislating on State subjects under exceptional circumstances, the Constitution also enables the Centre to exercise indirect control over State legislation in certain situations. These provisions reinforce the unitary tilt of Indian federalism.

Mechanisms of Control

A.Reservation of Bills for President’s Consideration (Articles 200 & 201)

• The Governor may reserve a Bill passed by the State Legislature for the consideration of the President.
• The President can then give assent, withhold assent, or direct reconsideration, effectively exercising control over State legislation.

B.Prior Presidential Sanction for Certain Bills (Article 304)

• A State Bill that seeks to impose restrictions on trade, commerce, or intercourse with that state or within that state can be introduced in the State Legislature only with the prior sanction of the President.

C.Control During Financial Emergency (Article 360)

• During a Financial Emergency, the Centre can direct States to reserve Money Bills and other Financial Bills for the President’s consideration.

D.Restrictions on Governor’s Ordinance-Making Power (Article 213)

• In certain cases, the Governor cannot promulgate an ordinance without prior instructions from the President.
  •  When a Bill containing similar provisions would have required the previous sanction of the President before introduction in the State Legislature
  •  If the governor would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President.
  • When a law with similar provisions would be invalid without the President’s assent

Legislative relations between the Centre and the States reflect a carefully designed federal structure with a pronounced unitary bias. While the Constitution distributes subjects through the Union, State, and Concurrent Lists to ensure functional autonomy of States, it simultaneously equips the Centre with overriding powers to maintain national unity, uniformity, and coordinated governance.Provisions such as Parliament’s power to legislate on State subjects under special circumstances, the doctrine of repugnancy, and central control over State legislation through the President and Governor demonstrate that Indian federalism is not rigid but flexible and pragmatic.In essence, the scheme of legislative relations seeks to strike a dynamic balance between autonomy and integration, enabling India to function as a “Union of States” where diversity is accommodated without compromising unity.