Centre-State Relations | Article 245 – 255 of the Indian Constitution | Legislative Relations

See, there are two forms of government In Unitary form, maximum power or only source of power lies with state. Classic examples of this form of governent are while in Federal form of government, the powers are divided between both centre & state. Classic examples of this form are See, in India only during period of aemergency we follow the unitary form of government Meaning, at the time of Emergency, more power rests with the Center and states are left with very less power otherwise, during normal times India has a federal form of government as I have told you already the main feature/ characteristic of federal form of government it division of power between Center & the States so if you check our constitution, even there the power between Center & States is divided under 3 heads Legislative relations, Administrative relations & Financial relations it is very easy to memorise them as well. see, because this is 200th article, so 2 will be there after this, add 4, 5, 6 then, so these are your starting articles you have to fill it up here, accordingly before 56, we have 55 63 here and ends with 93 So from here, lets start discussion about legislative relations before starting, those people who are learning this topic for the very 1st time if you open the book, you might be overwhelmed with number of articles, technical terms, 7th schedule, dso many subject matters you might feel that is very technical and very difficult see, in this video, i am going to take my time and teach you with examples so, you should only focus upon understanding, it will be memorised automatically lets continue now so the legislative relations have been discussed in the constitution from Article 245 to Article 255 the relations of Center & state, have been divided in 2 aspects Territorial jurisdiction means who can make law applicable over a over certain & specific territory while subject matter jurisdiction refers to subject matter of laws be it agriculture, electricity, water projects etc. who can makes laws related to such specific subject matters we will learn them both, one by one lets begin with territorial jurisdiction we will understand it from here that how is territorial jurisdiction is decided for that, the most important article is article 245 see, there are 2 clauses to this article for purpose of understanding, i have divided article 245 in 3 categories foremost, article 245 says that, that parliament has the power whenever I say “parliament” it will mean centre. and whenever I say “Legislature”, it means State the first part of a. 245 says that parliament has the power to make laws for the entire territory of India, or for some part of it 2nd, it says that state legislature has the power to make laws for the entire territory of that state or part of territory of that state so what we have understood until here is that Parliament has power to law for entire of India or for some part of it and legislature has power to make law for entire state or some part of it. 3rd part talks about extra territorial operation, it means that the power that parliament possesses to make laws it does not mean that parliament can make laws only for people residing in India or their property No. Parliament also possesses extra territorial jurisdiction meaning those persons or those properties situated outside India Parliament can govern them as well This extra territorial power is only possessed by the parliament, and not by the state but in case where Parliament makes extra territorial laws fo persons residing outside India and their property How will it be determined if the law is right or wrong? So for that, we have territorial nexus test famous case for this test is you might have came across this in Company law as well what happened in this case was that there was a company registered in England Now this company was a partner of an Indian firm Indian Tax authority wanted to tax the entire income of this company it was said that since the major income of this company comes from India Indian tax authority has the power to tax that income so the territorial nexus test says that if the parliament wishes to make an etra territorial law and the subject matter which such a law is to govern there must be a reasonable connection between both so what have we learn untill now? that through article 245 that parliament has the power to make law for whole of India or some of its part similarly, state has the power to make aw for whole of the state or some part of it but parliament also has power to make extra territorial laws state does not have this power fro here, we question arises, which is asked in many exams that under A. 245, the law making power that parliament possess is that absolute? answer to this would be NO. Parliament does not enjoys absolute power under article 245 and these are 3 exceptions to it 1st exception is A. 240 which says that the 4 union territories for these 4 union territories, President has power that for their “Peace, Progress & Good Governance” he can make regulations The extent of power of president to make regulations is so much that for these 4 territories he can amend, modify or repeal the laws of Parliament 2nd exception is 5th schedule, where scheduled areas are covered. this exception says that the governors of these respective state have powers that that at any point of time they can declare that in these tribal areas laws of parliament shall not apply 3rd exception is that of 6th schedule see these states the tribal areas of these states 6th schedule says that the governors of these states can at at any point of time say that the specific laws of parliament will not be applied in these areas, or they should be modified or amended so these 3 are exceptions to parliament’s law making powers After territorial legislation, 2nd aspect is subject matter legislation referring to who has power with regards to which subject matter to make laws lets understand that the power that centre & state have been categorised by 7th schedule in 3 lists first in Union List, also known as List I 2nd, State list, known as List II and concurrent list, known as List III Union list includes all those things which are of national importance like defence, atomic energy etc. so there are total 100 items here parliament has exclusive right to make laws related to these items similarly, those items are covered in state lists, which are of local importance/ regional importance e.g. agriculture, poolice, prisons, all these things. so there are total 61 such items here state has exclusive power to make laws related to these items and 3rd is List III known as Concurrent List it contains such 52 items, in relation to which state and the Union both can make laws at this point, lets talk about two articles 1st we have article 246, which says that whatever articles are there in List I & II, parliament can make laws on any of them Before understanding about the 2nd article, let me ask a question. Is it possible that no item, other than those mentioned in all 3 of these lists, may exist? if a new item/ subject matter comes up, who will make laws on that? this question has been answered in art. 248 it is also known as residuary power art. 248 says that if a new subject matter/item comes up, which has not been overed in any of these 3 lists and it is required to make a law on that so that residuary power (to make law on such matter) lies with the Union so this was art. 246 & 248 so normally, a law is made upon the subject mattter but in case of conflict, keep this in mind so if there is a conflict in Union list or State list then Union list will prevail if there is a conflict between concurrent list & state list, concurrent list will prevail so keep that in mind normally, only this subject matter arrangement is followed but his arrangement may be changed in some extra ordinary circumstance so what such extra ordinary circumstances are possible? these 4. Lets check So at the time of National Emergency/President’s rule, Parliament gets the power to make law on any subject matter from state list 2nd is when Rajya Sabha feels that there is a subject matter in state list which is of a national importance and parliament should make a law on that then Rajya Sabha can pass a resolution and then parliament can make a law on that 3rd is, on the request of the State if 2 or more state legislatures request the parliament that on a particular subject matter, parliament should enact the law then parliament can do that and 4th is for the purpose of implementing International agreements for fulfilling them, parliment can make law on any subject matter rof the state list Federal form of government- division of power between centre & state it is an essential feature of our constitution so the centre & state both of their own subject matters to make laws but as i have said there are many such situations where centre on states’ subjects or state on centre’s subject want to make a law if such law comes into being, how would we determine if the law is valid or not so to determine this, courts apply a doctrine it is known as doctrine of pith & substance to understand this doctrine, its leading case what happened in this case was that Money lender, who give away loans to recover them, how much Amount can be taken & how much interest can be taken to regulate that a state regulation “Bengal Money lenders Act, 1946” was passed Why did Bengal pass that legislation? because money lending is a sgtate subject Money lending is listed in List II- Entry 7 but this Act was chllenged by Central Govt. and said that this act also govern promissory notes and promissory note is a central subject under List I – Entry 28 to check if the legislation is valid or not the court applied the doctrine of Pith & Substance & said that whenever you want to find out true nature of any legislation you will see the legislation as a whole meaning its object, its scope & its effect- these 3 things are found out applying the test of this doctrine, the court said the main nature of Bengal Money Lending Act is to govern the money lending activities and it is incidentally encroaching upon the matter of promissory note the Act was held to be valid on similar lines we have the case of in this case, law was made regarding sale, import & possession of liquor The Bombay Prohibition Act this state legislation incidentally governing import & export as well and import & export was a central subject to determine the validity of the act, court used the doctrine of pith & substance the act was held to be valid lets check art. 254 on this point which talks about repugnancy meaning that if even parliament makes law on the same subject matter, and state makes it tooo art. 254 says that for this subject matter, the law made by parliament would be valid and the law made by state would be void so article 254 is the Repugnancy clause I hope that you have a clarity with topics like legislative relations, subject matter division if you like this video, then do let me know in the comment section

100 thoughts on “Centre-State Relations | Article 245 – 255 of the Indian Constitution | Legislative Relations”

  1. I overall liked the video,and commend you for the level of lucidity in your videos. But, I think that your interpretation of the territorial nexus doctrine is somewhat not correct as it is not only limited to checking Parliamentary law's extra territorial operation but also to State law's extra territorial operation. Tbh this thing has confused me from a long time and different books connte different meaning to the doctrine of territorial nexus. But as per MP Jain, the doctrine is applicable to checking the State law' extra territorial operation as well. Please do correct me if it's not so.

  2. thank you mam.. for such a wonderful explanation.. 😊 mam could you pls make a video on Parliament and types of motions and stages of enactment of budget..😊

  3. Mam your lectures are pretty more good . I thing many more aspirants wants your lecture . You make vid in english is much more better for every aspirants😊

  4. Hi this is khushi
    I am student of class 11 and need to make a project on center state relations. Can u plz make a video on critical analysis of center state relations

  5. Hi, Could you please make a video on impeachment of Supreme court judge, High court judge and other subordinate judges because nowadays corruption sky rocketed people are loosing faith on our current judiciary which is polluted with criminal politicians and corruption government officials, so people must know how to question and demand corruption free judiciary is our topmost priority for country healthy development in all spheres. I really appreciate your channel giving good important information to fellow indians to know our law and constitution it is every body responsibility. If you could make people questioning awareness on corrupted judiciary many will follow your videos in more number. thanks for reading my lengthy request. save common man. vandemataram

  6. I watched your video for the first time, ma'am, your way of teaching & explanation is highly appreciable. I am going to watch your legal video regularly. Thanks

  7. I love the way of your expression… you make a complex topic to simple one…I'm also a teacher and appreciate your teaching quality 👍

  8. There are certain corrections to be made as Money lending and money lenders come under List II Entry 30 and Promissory Note under List I Entry 91.
    Thank you.

  9. Mam ur way of teaching is phenomenal n thanquu for making topic so easy to understand…kindly make videos on administrative n financial relations as well so that we could get entire relation of centre n state in all arenas as a crux

  10. ⭐Your way of explaining things are great, hats off to the way you teach. You made many difficult topics easy to understand. Thanks a lot.
    There is a request as well. If possible can you please make videos on Administrative and financial relations between centre and state. I have been facing a lot of problems in studying these two topics.
    Thanks in advance priya.

  11. Ma'am you said in this lecture that the legislature of state has no power of making law with respect to extra territorial operation.. but ma'am the book " THE CONSTITUTIONAL LAW OF INDIA by Dr. J.N. Pandey" there is one exception that 'a state law of extra territorial operation will be valid if there is sufficient nexus between the object and the state'. Ma'am plz clear my confusion.. that state may also make laws or not if there is sufficient connection…

  12. Please make video lecture on Administratine and financial relations. Also on public service commission in union and state.

  13. Dear Priya
    Great teaching with passion. I am so happy about the way you explain.
    Have you already taught the Articles 23 and 24. If you have done please give the details
    Thank you so much. God bless your efforts

  14. it's a really so much helpful for me because i have my presentation on this topic,, thank you much 😊& keep making videos on such topics..🤗

    it increased your one more subscriber … 😁

  15. बहुत ही शानदार वीडियो बनाते हैं आरपीएससी j.l.o. k वीडियो बनाएं

  16. Your smile make us motivated mam….you are absolutely a great teacher ….you make simple way of learning …pls do continue videos ….thanks alot👍

  17. it's really a superb video , it's just awesome , thank you very much , thanks again di👌👌👌👆😊😊

  18. Please do polity video continue of administrative, financial relations, and on inter state relationship, nice video lecture keep it up..

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