Lecture Notes: Center-State Relations

Introduction

• Conducted by Isra Khan, a Law Mentor on the Lawwala channel.
• Topic of the day: Center-State relations under the Indian Constitution.
• Important for understanding Indian politics; significant weightage in exams.

Overview of Session

• Articles covered: 245 to 263 (Provisions of Center-State relations)
• Focus on:
  • Legislative relations
  • Administrative relations
  • Financial relations

Federalism

• Definition: Political concept where power is constitutionally divided between the Centre and the States.
• Federalism in India is quasi-federal; the Centre often holds more power.
• Unitary Features:
  • Articles that allow Centre to encroach on State powers:
    • Article 249: Center can legislate in national interest.
    • Article 250: In times of emergency, the Centre can legislate.
    • Article 252: States can request the Centre to make laws.
• Key Articles Discussed:
  • Article 245: Extent of laws by Parliament and State Legislature.
    • Clause 1: Parliament can make laws for the whole or a part of India.
    • Clause 2: No invalidation due to extra-territorial operation.

Types of Relations between Centre and States

1. Legislative Relations

• Division of Power:
  • Union List, State List, Concurrent List (explained in Article 246).
  • Union List: 97 subjects; matters of national importance (e.g., defense, foreign affairs).
  • State List: 66 subjects; focused on regional issues (e.g., police, public health).
  • Concurrent List: Both Parliament and State Legislatures can make laws (e.g., criminal law).
• Important Cases:
  • JK Jude Mills v. State of UP: Entries must be construed broadly.
  • Doctrine of Pith and Substance: True object and scope of legislation.
  • Doctrine of Colorable Legislation: Cannot indirectly exercise powers beyond competence.

2. Administrative Relations

• Article 256: Executive power of the State exercised by the Governor to ensure compliance with Parliament laws.
• Article 257: States must not impede Union power.
• Article 263: Establishment of councils to resolve disputes between States.

3. Financial Relations

• Article 265: Taxes cannot be imposed except by authority of law.
• Article 280: Finance Commission recommendations.
• Article 282: Expenditure provisions by Union or State.

Key Provisions and Articles

• Article 245: Extent of laws by Parliament and State Legislatures.
• Article 246: Parliament's exclusive power over Union List.
• Article 254: Conflict of laws and repugnancy.
• Article 261: Public acts, records, and judicial proceedings.
• Article 262: Adjudication of interstate river disputes.

Conclusion and Next Steps

• Upcoming lecture will cover Articles 299 and 300, along with more on financial relations.
• Importance of understanding legislative, administrative, and financial relations for mains exams.
• Encouragement to keep studying and preparing for discussions in future sessions.