CENTRE-STATE RELATIONS
Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states.
The constitution mentions about three types of Lists.
(a) Union List
(b) State List
(c) Concurrent List
- The Union List mentions about those subjects on which only the Union Parliament can legislate.
- The State list mentions about those subjects on which only the states in India ‘under normal circumstances’ can legislate.
- The Concurrent list mentions about those subjects on which both the Union as well as the States can legislate.
The Union list contains 100 subjects presently (originally 97 subjects).
Examples of subjects in Union list - defense, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit and so on.
The State list contains 61 subjects presently (originally 66 subjects).
Examples of subjects in State list - public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theatres, gambling and so on.
The Concurrent list contains 52 subjects presently (originally 47 subjects).
Examples of subjects in a Concurrent list - criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labor welfare, economic and social planning, drugs, newspapers, books and printing press, and others.
- However,if the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time (Article 249).
- Also, the Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation (article 250).
- Furthermore, when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions. However, any other state may adopt it afterward by passing a resolution to that effect in its legislature. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states (Article 252).
- The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions (article 253).
Note – Parliament has the exclusive power to legislate on any matter not mentioned in either the State list or Concurrent list (Article 248) – Residuary powers of legislation.
- Sarkaria Commission, Rjamannar Commission and Punchhi Commission are some important commissions related to the Centre-State Relations.
