Understanding Center-State Relations in India

Hello everybody, welcome to everyone's Lawwala channel. I am Isra Khan, your Law Mentor. And for some reason, the live class yesterday was not able to come. So today, our schedule was, please scroll down a little bit, sir. Our schedule was, today we had to start a center-state relation. So in today's class, we will start with that only. In the Indian Constitution, Indian politics, you will see that the questions related to politics come, in that this part which we are going to cover in today's session, friends, there is a very important weightage of it, there is a lot of weightage, so good afternoon to everyone, it is very hot, so what is the condition, how is your study going, Chandrakala ji, good afternoon, Pooja ji, good afternoon. So, in today's session we are going to cover Center-State relations. And the provisions of Center-State relations, you will get to see from Article 245 to Article 263. And after this, the continued articles, you will see that they are also from financial relations. So, there are three types of relations that the Center-State shares. And we are going to deal with that in today's session. So, let's see what our daily target is. What all we are going to cover in today's session. We will cover the relations between the Union, that is, the Central Government, and between the states, that is, the State Government. Along with that, we will cover the doctrines on the law-making power of these legislations. We will cover the doctrines and laws that are given on this. Along with that, what are the three types of legislation? And along with that, we will see what kind of federal form of government is there in India. This is the nature of Indian Constitution. If you see the second class of the Indian Constitution playlist, then we saw the nature of Indian Constitution. So, in that, we saw that India is a quasi-federal form of government. So, basically, our session today is based on that. So, let's see what federalism is. What is federalism? Federalism is a political concept. Where you get to know that the power that is always present in federalism, is constitutionally divided constitutionally divided this is constitutionally divided and between whom it is divided this is divided between the centre between the centre and the states so wherever in whichever country you get that the power is divided between the centre and the states then you will get to see that there is a federal form of government So there is federalism. But what happens in India is that the power division is divided between the centre and the state. What happens here is that the centre is sometimes more powerful than the state. In such cases, the way our country becomes unitary, We will see what the provisions are. So what are those matters that are against the federal principles and against federalism? That is, it is being done unitary. You will see what the unitary features are. So here we will also cover in today's session. Article 249 which tells that in national interest, the centre can encroach on the state. Is there or not? In article 249, Similarly, in Article 250, when the Proclamation of Emergency is in operation, then also it happens. After that, you will see in Article 252, when more than two states themselves will ask the Centre to please make a law on this matter, then it happens. Along with that, if there is any treaty or agreement, then you will see that the Centre becomes more powerful on such matters. So in such cases and also in emergency When an emergency is imposed, it is said that these are unitary principles. This is against federalism. So, once everyone is joining, I am slowly seeing that people are joining. So, now we will see what are the relations. What types of relations? Types of relations shared by center and state. It is very important. You also make this. Sorry. First of all, look. First of all, legislative relations. These are their legislative relations. And you will see, there is a principle. Division of power. In federalism, there is a very important principle. Do you know what it is? Division of power. And in today's session, that same principle I have brought the same principle in front of you. Division of power. Basically, what is the difference between division of power and separation of power? What is the difference between division of power and separation of power? Can anyone say hello, Priyanshi? Can anyone say in the chat section at this time, what is the difference between division of power and separation of power? It is very important. So basically, what is it? Here we are looking at this only. Now how is this power divided? The legislative relations are divided between the centre and the states. That means the centre performs its legislative relations and the state performs its relations. Second is administrative relations. Administrative relations and last is financial relations. Financial relations. Okay? These three types of relations are shared. Division of power means union list, state list and congress list. Very good, Priyanshi. This is division of power. Very, very important. Okay. Now, here we have to see one thing. Now we will start chapter 1, legislative relations and we will also study administrative relations. So, relations between central state We are going to cover Chapter 1. First of all, you should understand that Article 245 We will cover Article 245. Okay? Article 245 has two things. One is Legislative Relations relating to Extraterritorial Operations. Extraterritorial Operations and Intraterritorial Operations. or intra-territorial operation okay these two things as soon as you read the language of bear act you will understand so let's see article 245 what article 245 says very very important article article separation is executive legislative judiciary very good can you please tell me the difference between indian constitution and constitutional law of india if any see Indian Constitution and Constitutional Law of India The only difference is that the Constitutional Law has a polity Polity doesn't mean that many things are written in the text of the Constitution Apart from that, many things are determined through case laws That too comes under the Constitutional Law And the BEAR Act is the Constitution of India, that is, the law has come What does Article 245 say? Article 245 says that extent of laws made by the Parliament and by the legislature of the state means to what extent laws can be made by the Parliament and by the legislature of the state. What does clause 1 say? Very very important subject to the provisions of this Constitution, whatever provisions are there in this Constitution keeping them in mind, Parliament may make laws for the whole or any part of territory of India and the legislature of state may make laws for whole or any part of the state So here it is said that Parliament can make laws for the whole country or any part of the territory of India can make laws for it and state is called as State Legislative Assembly State legislature can make laws for the whole state or for any part of the state Look at the second clause Second clause says, no law made by the parliament shall be deemed to be invalid. on the ground that it would have extra territorial operation. Can anyone tell me what extra territorial means? What does extra territorial mean? If India has a limited territory, what does extra territorial mean? Does it mean that India is exercising extra law-making power from this territory? So what is the parliament saying here? No law made by the parliament. If the parliament is making a law where it is saying that we are granting extra territorial powers, there will be an extra territorial operation of this particular law, then what will happen? It will not be invalid. No law made by the parliament shall be deemed to be invalid on the ground that it would have an extra territorial operation. Is it clear? Out of the territory. Pooja ji, very good. Correct. Okay. This is an extra territorial operation. Now look at what Article 246 says. I have told you many times that the division of power is in three lists. Which of these three lists are given in the schedule? It is given in the seventh schedule. So you have to remember that whenever it comes after law making power, in law making power, you have to remember one thing here. division of power will be there and here the provisions are provisions article 246 plus schedule 7 schedule 7 list 1, 2 and 3 you will use this provision you will remember things with this provision So here what does article 246 say? Simply article 246 says in clause 1 It says in clause 1 Notwithstanding anything in clauses 2 and clauses 3 Parliament has exclusive power Parliament has exclusive power to make laws with respect to any of the matters enumerated in list 1 of the 7th schedule In this constitution referred as the Union List. In clause 1, it is said that anything written in clause 2 does not mean anything. Anything written in clause 3 does not mean anything. Parliament will have exclusive power to make laws in Union List. That is the list 1 in the 7th schedule. After that, what does clause 2 say? Clause 2 says notwithstanding anything in clause 3. That means clause 1 denied clause 2 and 3. and clause 2 rejected clause 3 notwithstanding anything in clause 3 we don't know what is written in clause 3 Parliament and subject to clause 1 so what did it say here? notwithstanding in clause 3 Parliament and subject to clause 1 here subject to clause 1 the legislature of the state so here it is talking about concurrent list legislature of state also have the power to make laws with respect to any of the matters enumerated in list 3 that is the concurrent list. So here the parliament and state legislative assemblies will also have the power to make laws but here the state legislature has to keep a close eye on clause 1 where parliament has the power to make laws that means the parliament has the power to make laws, so it has to be suppressed a little it can't exceed its power What is given in clause 3? In clause 3, it is given that subject to 1, what does subject to mean? You cannot exceed the powers which are given in clauses 1 and 2. You have to stay within it. You have to stay subject to clauses 1 and 2. Now legislature of state shall have exclusive power to make laws for such state or such any part thereof with respect to any of the matters enumerated in list 2. So here in list 2 of 7 schedule, what is given? Your... state list di gai hai jahaan pe exclusive power kis ko di gai hai state legislatures ko di gai hai clause 4 dekhe kya kaita hai clause 4 kaita hai parliament has power to make laws with respect to any matter for any part of the territory of india which is not included in a state notwithstanding that such matter is a matter enumerated in the state list agar koi aisa yahaan pe aap dekhoge koi aisa part hai jo ek particular state mein nahi included hai to yahaan pe you Parliament will have the power to make laws and it will not be seen that this matter is in the state list Parliament will have the power Now the question arises, what are the matters in the 7th Schedule? Pooja Rani Pali, Good Afternoon What are the matters given in the 7th Schedule? There are 3 lists, Union List, State List and Concurrent List In the Union List, you will see that there are matters of extreme importance Very important, matters of national importance And this is number 97 Total number of subjects in the list is 97. I have listed 10 subjects in front of you. Defense of India, every part thereof, including preparation for defense, is a matter of Unionist. That means who will make the law? Parliament will make the law. Who will make the law of Naval, Military, Air Force? Parliament will make the law. Deployment of someone in armed forces, delimitation of cantonment areas, local self-government in such areas, Parliament will make the law on all these. Naval, military, air force works, parliament. Arms, firearms, ammunition, explosives, parliament has the power to make laws. Atomic energy, parliament will make laws. Industries declared by parliament by law to be necessary for the purpose of defense or prosecution of war. You are watching, right? The matters of national importance, the matters of extreme importance, which are related to defense, you will see that parliament has the power to make laws. Preventive detention, which we saw in Article 22, Parliament will make a law on that too. Parliament will make a law on foreign affairs. Next, look at the State List. In this, the State List was changed from the 42nd Amendment Act. We will see that now. But in the State List, there are about 66 matters, 66 subjects. Which laws will be made on the state list? On the state list, we will see that the particular state has the power. Public order, but not including the use of any naval military air force, because on this, the parliament has the power. In clause 2, police. In clause 3, officers and servants of high courts, procedure in rent, revenue courts, fees of all courts, etc. In clause 4, prisons. reformatories, borstal institutions, even on this, the state legislature has the power to make laws. Local government, that is to say the constitution, powers of municipal corporations, improvement of trust, state government will make laws, state legislature. Public health, sanitation, hospitals, dispensaries, state legislature has them. Pilgrimages, other than pilgrimages outside India, if you are going outside India, apart from that, If you are going to any country, then the state has it. Intoxicating Liquors, that is to say production, manufacture, possession, transport, purchase and sale of intoxicating liquors. This is with the state. Relief of disabled and unemployed, burials and burial grounds, cremations and cremation grounds. All these will be made by the state government. Then come ahead friends. Look at the concurrent list. This is the list that the parliament has. and both the state and legislative assemblies have the power to make laws. This is very important. Give me a second. Very very important. Here you can see, Criminal law including all matters included in the IPC at the commencement of this constitution but excluding offences against law with respect to any of the matters specified in list 1 and list 2. So what you can see here is, who has the power related to criminal law, always remember friends, what is given at the top, CRPC is given at the top, and the power to make law inside it, both the parliament and state legislative assemblies have been given, absolutely correct, very good, next look at criminal procedure including all matters into the criminal procedure code preventive detentions for reason connected with the security of a state maintenance of a public order so in such cases the matter comes under concurrent list removal from one state to another state of prisoners marriage and divorce infants and minors adoption wills intestancy succession joint family partition Who will make the law on all of them? If it is coming under the concurrent list, then Parliament and State Legislative Assemblies will make the law on both. After that, transfer of property other than agricultural land registration of deeds and documents, contracts including partnership agencies. When you see the BEAR Act, then many times you will see amendments. So you will see that Uttarakhand has made an amendment, Gujarat has made an amendment. So it is a matter of concurrent list and there State Legislative Assemblies and Parliament. Both parties have the power to make laws. So, all these things will be mentioned in the concurrent list. I had told you that the 42nd Amendment Act had been changed. So, what has been changed in the 42nd Amendment Act? Education Forest was in the State List before the 42nd Amendment Act. So, they were made in the Concurrent List of the 42nd Amendment Act. So that the State Legislature and Parliament can make the same law on this. So, remember that whatever changes were made in the 7th Schedule of the 42nd Amendment Act, you must prepare for it. Now we come to the principle of interpretation of lists. We have seen that the list is given in the 7th schedule. Now see how their interpretation is done. So subject matters enumerated in the list are not scientifically perfect and there cannot be a watertight compartment. Means you cannot divide them in such watertight compartments. Means in the state list, in the union list, if you tie it completely, then it is not possible in such a country. There has to be certain overlapping. Overlapping means, Parliament is coming on top of the State Legislature or State Legislature is diminishing the powers of the Parliament. Therefore, there are certain principles of interpretation of lists which are to be followed by the courts while adjudicating upon the matter. So, first of all, let me tell you here, all the students, all of you, understand this much, that the topic you are watching today, This is extremely important for the mains. You will get to see a direct question in your mains from the centre state relations. It is very important. So, what is the planary power? Planary power of the legislature is the absolute power to enact laws and it is the only subject of legislative competence and other constitutional limitations. So, what is the planary power? What is the work of the legislature? The work of making laws. So here it is the power of the legislature to make laws, the power of the legislature to enact laws with reference to the matters interested to it is unqualified and it is only the subject to limitation imposed by the constitution. That is, whatever we saw in Article 245 and Article 246, so who has the power here? Here it is given that the legislature has the power, the parliament has the power to make laws and the limitation that will be imposed will only be imposed on the constitution. There is no limitation on its law making power. This is the case of JK Jude Mills v. State of UP 1961. Entries should not be interpreted in restrictive sense. That means each general word in an entry should be construed to include all ancillary and subsidiary matters. If there is an entry where there is police, then in the case of JK Jude Mills, whatever is related to it, whatever ancillary powers are there, will also come under it. not in a restrictive sense but in an elaborate sense similarly, in the case of State of West Bengal v. Union of India the power to make laws includes the power to give effect to prospectively as well as retrospectively retrospectively means it will be applied before the date of operation and prospectively means it will be applied after the date of operation so in both the cases, you will see this is the power of legislation and who can stop it? can only be applied by the constitution. Ancillary and incidental powers. What does it mean? The power to legislate on a topic includes the power to legislate on ancillary or incidental matters. That is, similar types of matters. Similar matters have the power to make laws on them. Which can be said to be reasonably included in the power given. Now, here was the case of R.D. Joshi vs Ajit Mill where the Supreme Court held that the entries in the list The list given in the seventh schedule must be given wide meaning implying all ancillary and incidental matters. After that, the court held the punitive measures for enforcing social legislation is ancillary measures. If there is a law related to untouchability, and we are giving punishment to someone, They are punishing you for performing untouchability, for saying bad words to someone. In such cases, we will give you a three-month sentence. So, what is said here? Punitive. Punitive means punishment. If you are giving the power to make a law, then you will also give the power to punish. So, he said that if you are giving punishment in social legislation, then what will happen to it? It will be an ancillary measure of it. Now, friends, we will talk about the doctrine of punishment. pith and substance ki. Bohot bohot important hai. Thik hai? Very very important. Sushant kera hai ma'am Achiever batch for entrance exam mein aap competitive view se kyun padhari hai? Where am I teaching from competitive view in entrance exam? I am teaching from the very basic, where am I teaching from competitive view? How am I teaching from the view of competitive exam? Sushant, please explain a little bit. It can help me maybe. Doctrine of pith and substance. Pith and substance of legislation means the true object and scope of legislation. What is its object related to that particular law? Why was that law made? What was the object? We will see this. If the law passed by one legislature, the legislature would be the one encroaches upon the field assigned to another means that the state that has been given power the state list has parliament list both are different lists if the state list is entering the parliament and parliament is making law on the matters of the state list encroaching means that they are involving in other matters to the field assigned to another then the court will apply the doctrine of pith and substance to determine it will determine whether the legislature was competent to make it or not suppose if the state legislature made a law on the subject of parliament was the state legislature competent? was it competent to make a law? so this will be seen if the pith and substance of law relates to the matters within the competence of legislature then the enactment will be held to be intra-wise what does intra-wise mean? it will be valid but here if it comes to see that you did not have the competence to make a law After that, if you make a law, you will be declared as an ultra-wise or void. And we have adopted this doctrine from Canada. Next, see, the doctrine of pith and substance, when it was first applied, we applied it in the case of Praful Kumar v. Bank of Commerce, very very important. The court held that a clear-cut distinction is not possible between the legislative powers of the union and of the state legislatures because they are bound to overlap. In ascertaining the pith and substance of the act, the court must consider what was the object of that act. This court will consider. Along with that, the court will consider what was the scope of that act and the effect as a whole. What is its scope? What effect is coming out of that act? And what is its object? Okay? Sushant, I am waiting for you. I mean, you have said it, so please tell me about it. In the State of Bombay v. F. N. Balsara 1951 Supreme Court, very important case on pith and substance, remember that, the court held that the Bombay Prohibition Act as valid because the pith and substance of the act fell in the state list, even though it incidentally encroached upon the union list. So here the Bombay Prohibition Act was made, made by the state, that somewhere on the power of the parliament, In the Union List of the Parliament, he was saying that incidentally he was encroaching But he declared it valid on the grounds of Pith and Substance Ma'am you must watch the extreme 50 videos of Constitutional which keep us very closely to CLAT exam Then you should qualify the exam according to that only Sushant After that, come to the 4th one Doctrine of Colorable Legislation, very very important It means that though the apparent the legislature passing the statute purported to act within the limits of power yet in substance transgress these powers the transgression is covert or indecent. It means that though the apparent the legislature passing the statute purported to act within the limits even though he was trying to act within the limits but yet in substance he exceeded his power and in the power of the other person. If she exercises her power, then she is the best. Every teacher teaches according to their field. You may understand her, some students may understand me. You can do it accordingly. Definitely, whatever changes are there, they will be done. No issues on that. Some students want to be taught in detail Some students want to be taught to the point Because some of the science students are also in the class So what they want is in detail Some students want to the point So we will find a break even point where you will be beneficial After that, look at the maxim Now the doctrine you are seeing here This doctrine is based on a maxim What cannot be done directly cannot also be done indirectly So what does it mean to say that you are not able to do something directly, you can't do it indirectly either. It means that though apparently the legislature passing the statute purported to act, you were acting within the limits but ultimately you exceeded your power, so in such cases you have to apply this maxim that cannot be done directly also cannot be done indirectly. Colorability is bound up with incompetency and not with bad faith. What is there? Colorability is the doctor's responsibility. You can see that colorability means that it was incompetent. It is not necessary that he passed an enactment with ill motive. The case of State of Bihar v. Kameshwar Singh in 1952 Supreme Court is the only case where the law has been declared invalid on the grounds of colorable legislation. Now, let's move on to the next case. So here you have to see how doctrine of territorial nexus is applied. The state legislation must be confined to persons and subjects within the territorial limits of the state but it does not mean that the state legislation could be struck down with the legislation has only the connection with the object or activity outside the state. Under this doctrine, a state law of extraterritorial operation will be valid. So what is here? Only because if its extraterritorial operation is going on, then this is what is happening. If it is an extra territorial operation and you declare it invalid on this ground, then it cannot be done. There must be a territorial nexus. The state legislation must be confined to persons and subject within the territorial limits. Under this doctrine, a state law of extra territorial operation will be valid. So this is the doctrine of territorial nexus. Valis v. Income Tax Commissioner and State of Bombay v. RMDC case. And here, the first clause that we saw... Article 245's first clause, no law, second clause, no law made by the parliament shall be deemed to be invalid on the ground that it would have an extra territorial operation. Even outside its territory, if it is exercising any power, then in such cases it will not be declared invalid. Because Article 245's clause 2 states that the extra territorial operation of the parliament shall be done by the parliament. territorial operation b ho sakta hai lekin nexus ho na chahiye uska jo object hai na us territory me uska kuch na kuch nexus ka matlab kya hai kuch na kuch relation zarur ho na chahiye theki hai so yahi doso diya gaya tha territorial nexus ke doctrine ke andar territorial nexus ke doctrine aap ko prepare kar lene hai iske according very very important dono hi case laws ab yaha pe article 246 a hai jo GST se related hai iske andar bhi bohot saare Power, special provision with respect to goods and service tax. Article 246A, very very important. You can see this according to yourself. When the 101th amendment was included, GST was included, then this was added in our chapter. So, if you want to read it according to that, then you can read it. As such, it has not been asked in the exam. Now, Article 247, very very important. Power of the parliament to provide for establishment of certain... Additional court is very important. Notwithstanding anything in this chapter, Parliament may by law provide for establishment of any additional courts for the better administration of law. Why? For better administration of law, for better administration of law, in Article 247, here, notwithstanding anything in this chapter, Parliament will have power to make law for establishment of any additional courts. for the better administration of laws made by the parliament or for any existing laws with respect to a matter enumerated in the union list if that matter is in the union list then also the law can be made by the parliament Priyanshi, very soon there will be a batch of judiciary and 101 amendment act is correct Pooja ji absolutely okay so how do you have to remember 247 additional code 247 is an additional court, who will make it? Parliament will make it. Next, this is the article about which we are repeatedly asked. That is the Residuary Power. Residuary power is given here in Article 248. Very very important. Subject to Article 246A. Parliament has exclusive power to make any law with respect to any matter which is not enumerated in the concurrent list or state list. Concurrent list means concurrent list. Apart from the state list, if any matter is not enumerated in the concurrent or state list, such power shall include the power of making any law imposing tax which is not mentioned in either of those lists. If it is about tax, then in all three lists, if nothing is given in all three lists, then the tax imposition also includes the law making. Residuary power is in article 248. You have to remember this. Now let's talk about article 249. It is very important that the power of the Parliament to legislate with respect to a matter in stateless in national interest. What is given in 249? In national interest. Notwithstanding anything in the foregoing provisions of this chapter, if the Council of States, Council of States is Raj Sabha, if Raj Sabha is declared by resolution, supported by not less than two-thirds of the members present and voting, is necessary or expedient in national interest, Rajya Sabha will pass a resolution on this. I just told you that this is a little different from the federal principle. So here Rajya Sabha will pass a resolution in the national interest. What will she say? Parliament should make laws with respect to GST. Here it is about GST. And any matter enumerated in the state list specified by resolution, it shall be lawful for the parliament to make laws for whole or any part of the territory of India. with respect to the matter while resolution remains in force. So basically, in Article 249, Rajya Sabha will pass a resolution. Residuary power of legislation, Noor Zehra, is absolutely correct. And it has been asked many times in the exam. So basically, Rajya Sabha will pass a resolution here. And according to that resolution, it will say that if it is related to GST, or if any matter is in the state list, then even the parliament can make a law here, says Article 249. Clause 2 says, a resolution passed under Clause 1 shall remain in force for such period not exceeding one year. So, till when will it remain? This is also a question asked. It remains valid for one year. Okay. National interest one year. Very good. Provided that if and so often as the resolution approving the continuance. If it has to continue, then it can be continued for a further period. One year from the date on which under this clause it would otherwise have ceased to be in force. One year. clause 3 says a law made by parliament which parliament would not but for the passing of resolution under this clause have been competent to make sure to the extent of incompetency cease to have effect on the expiration of a period of six months after the resolution has ceased to be enforced except as respect things omitted to be done before the expiration of a period of six months. 249 ke andar usko resolution ke dwaara power grant kari jaari hai state list pe law banane ki. It will cease to expire after a period of 6 months jab usually usko expire karna hai. Basically iske andar yahi diya hua hai. Ab dekho 250 baat karta hai yaha pe proclamation of emergency ki. Proclamation of emergency mein power of the parliament to legislate with respect to any matter in the state list if proclamation of emergency is in operation notwithstanding anything in this chapter. Parliament shall, while a proclamation of emergency is in operation, have the power to make laws for the whole or any part of the territory of India with respect to GST. This is a goods and service tax provided in 246A or any of the matters enumerated in stateless. When India is a federal principle, when we are studying federalism here, We have covered many articles, you can watch them again. In Article 250, when there is a Proclamation of Emergency in operation, the state-listed matters can be made into a Parliamentary law. A law made by the Parliament which the Parliament would not, but for the issue of a Proclamation of Emergency, have been competent to make. Because only because of the emergency, it has been given the power to make a law in the state-listed. to the extent of the incompetency cease to have effect on the expiration of a period of six months after the proclamation has ceased to operate. After that, its validity will be over. So, in 2549, what did we read? Law is being made in national interest. In 250, what did we read? Proclamation of emergency is being made in operation. Who is making the law then? Parliament is making the law, not just on the union list, but also on the state list. Okay. Now 251. What does 251 say? 251 says that if there is inconsistency between laws made by the parliament under articles 249 i.e. in national interest and 250 when proclamation of emergency operation is in place and laws made by the legislatures of the state nothing in article 249 and 250 shall restrict the power of the legislature of a state to make any law which under this constitution it has power to make but any provision of law made by the legislature of a state is repugnant if it is repugnant, if it is against to any provision of a law made by the parliament which parliament has under either of the said articles power to make means that the state should make that law in 249 and 250 but if in 249 and 250 it is being said by the resolution If the law of the state is against the law of the parliament, then the law made by the parliament, whether passed before or after the law made by the legislature of the state, shall prevail. So who will prevail? The law of the parliament will prevail, whether it is coming before the law of the state or after the law of the state. So here... the law of parliament will prevail shall prevail and the law made by the legislature of the state shall to the extent of repugnancy means all the articles that are being repugnant from the law of parliament so here that will be void so here the law of parliament will prevail see this after that shall to the extent of repugnancy but so long as The law made by the parliament continues to have effect be inoperative. Till the time the law made by the parliament is in operation, till the time the parliament is prevailing, and the state's law is there, till then it will be inconsistent, it will be inoperative. Similarly, Article 252 basically says that if two or more states, through consent, let's say, Himachal Pradesh and Uttarakhand together say, make the law of the parliament our own, any subject, can make a law on the state list. Then, what is there? Parliament can make a law on the state list. If it appears to the legislatures of two or more states to be desirable that any of the matters with respect to which Parliament has no power to make laws for the states except as provided in Article 249, 250 should be regulated in such states by Parliament by law and if resolutions to that effect are passed. By all the houses of the legislature of those states, it shall be lawful for the parliament to make an act. It means that there should be consent of the state legislatures. If the state legislatures have passed that law in their own legislature, there should be consent of them. Only then can the parliament make a law on it. Okay. To pass an act regulating that the matter accordingly and any act so passed shall apply to such states and to any other state by which it is adopted. afterwards, any other state can adopt it by resolution passed in that behalf by the house or where there are two houses by each of the house. In some states, there are seven states where there are state legislative assemblies and state legislative councils. So, there you have to pass both the legislatures. Any act so passed by the parliament may be amended or repealed by an act of the parliament passed or adopted in a like manner. So, the Parliamentary law can be abolished by the Parliament. So, what did we see? In 249, we saw National Interest. In 250, we saw Proclamation of Emergency when it is under operation. Then, Parliament can make a law on the state list. After that, in 251, we saw that if there is any inconsistency between 249 and 250, then Parliament will prevail. In 252, we saw two or more states. If you are asking the parliament to make a law, then parliament will make a law. Now what does 253 say? 253 says legislation for giving effect to international agreements. Very very important. This is also very important. Notwithstanding anything in the foregoing provisions of this chapter, Parliament has power to make any law for the whole or any part of territory of India for implementing treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Many times PM attend international conferences. There are many dignitaries and ambassadors who attend international conferences. So, here parliament will have the power to make any law for the whole or any part of the territory of India. What was decided on that treaty and agreement? What relations will be there between India and that country? To enforce this, who will have this power? This power will be with the Parliament. These are the international agreements given to you in Article 253. Now see what Article 254 says. Very very important. Article 254 is an article of repugnancy. Article 256 and 263 deals with the administrative relation between the Centre and State. Noor Zehra is absolutely correct. So, Article 254 is the doctrine of repugnancy. What does repugnancy mean? The basic meaning of repugnancy is that if there is a conflict between you and someone else, and you and that person's power is the same, and it is becoming inconsistent with it so doctrine of repugnancy is given in article 254 of the constitution inconsistency between the laws made by the parliament and the laws made by the legislature of the states means if a law is made by the parliament and state legislature also made a law on that subject so if there is inconsistency in this then what is the procedure so here it is given if any provisions of a law made by the legislature of a state is repugnant to any provisions of a law made by the parliament which parliament is competent parliament ki competency hai us law banane ke liye to enact or to any provisions of an existing law koi existing law hai usse related provisions hai with respect to one or the matters enumerated in the concurrent list you In the matter of concurrent list, both the Parliament and State Legislatures have the power to make the law. Then, subject to the provisions of clause 2, i.e. the clause 2 of 254, keeping that in mind, the law made by the Parliament whether passed before or after the law made by the Legislature of the State, or as the case may be, the existing law shall prevail. So, the Parliament law that is being made here, friends, It shall prevail and the law made by the legislature of the state shall to the extent of the repugnancy be void. So what did we see in the first clause? The law of the parliament will prevail and the law made by the state legislative assemblies will be declared void on the matters of the concurrent list. Friends, this is clause 2. It is very interesting. What does clause 2 say? Clause 2 basically says that where a law made by the legislature of a state with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by the parliament. Now in clause 2 it is said that if the first parliament has made a law and if a law has been made by the state legislative assembly which is the obligation of the parliament provisions of an earlier law made by the parliament or an existing law with respect to that matter then the law so made by the legislature of such state shall if it has been reserved for the consideration of the president and has received his assent prevail in that state then in such cases the law of the parliament shall not prevail The law that was created by the Parliament or that is existing now will not prevail if the presidential ascendant is found here. Which has been kept for the consideration of the President and received his ascend. So friends, we saw two things. One, we saw such a law, let's assume it was a matter of concurrent list. Who has the power in the concurrent list? Parliament and state legislatures have the power to make laws. Now, let's assume that the state legislature has also made a law. Parliament has also made a law. But here the law of the parliament will prevail. Okay? And what will happen to them? They will be void. Now, what is the second thing? The second thing is that if there is a law of the parliament, Parliament's earlier law or the existing law of the parliament. Or the existing law. So in such cases, if the state legislature passes any law, and this law is passed, President consideration and presidential assent have been received here. Assent has been received here. So the state legislature's law will prevail and it will be put aside. Okay. when two pieces of legislation have a conflict between them when uh and when are applied to the same facts but they produce different outcomes or results okay so here what has been given is parliament's early law existing law so basically here it has been given okay one more thing here president has got sent provided that he is saying provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to same matter including law, adding, amending, varying, repealing the law. So made by the legislature of the state. So that means, the state legislature got power. After giving power to the state legislature, a proviso was put in place. In the proviso, Noor Zehra ji said that, provided that nothing in this clause, no restriction has been imposed on the parliament, that it should vary, repeal, add, if it wants, it can do anything to the law made by the state legislature. So here, Parliament becomes powerful. Article 255 of the Legislative Relations, Requirements as to recommendations and previous sanctions be regarded as a matter of procedure only. If it is related to recommendations, If there is any requirement related to previous sanctions, It is just a matter of procedure. No Act of Parliament, or of the legislature of the state and no provision in any such act shall be invalid by the reason only that some recommendation or previous sanction is required by this constitution or wo nahin diya gaya if the assent to that legislation to that act was given so aise cases mein agar ye sirvah sirv matter of procedure rahega koi mandatory condition nahin hoge ki is wajah se kyunki isme sanction chahiye tha the because of which we need recommendation that is why we declare it invalid so where the recommendation required was that of governor either by governor or president or whether it is the president or the president where the recommendation or the previous sanction required was that of the president by the president so here it is just a matter of procedure clearly it is given in article 255 now friends now here you will see administrative relations The most important article of administrative relations is article 256. Now, in administrative relations, you will see how powerful the union or center becomes. The executive power of every state is exercised by the governor. So, what is said? Executive power of every state is exercised by the governor. shall be so exercised as to ensure compliance with the laws made by the parliament and any existing laws which apply in that state. So here compliance should be made by the laws made by the parliament. Executive means that the governor should exercise his power in such a way that the laws made by the parliament should be in compliance with them. And any existing law which apply in that state. And the executive power of the union. means the president shall extend to giving of such direction to a state as may appear to the government of India necessary for that purpose. Now here you are seeing that directions will be given by the union, the head of the union will give directions to the head of the state. How you have to follow those directions, how you have to do governance in yourself. Article 255 law will be invalid only on the because. of the certain procedure required. No law will be declared invalid on certain procedure requirement. Let's see what Article 257 says. Control of the Union over the State in certain cases. The executive power of every State shall be so exercised as not to impede or to prejudice. Here, the State exercising its power will not prejudice the Union's power and impede it. Who will do that? It will not be against it. The exercise of the executive power of the Union and the executive power of the Union shall extend to giving of such directions to a state as may appear to the Government of India necessary for that purpose. So, in this way, these powers, in this way, the directions will be given to the state as per the purpose of the Government of India. Next, clause 2 says, the executive power of the union shall also extend to giving of directions to a state as to construction and maintenance of means of communication declared in the direction to be of a national or military importance national military importance related directions the executive power of the union shall also extend to giving of directions to a state construction and maintenance of means of communication is there. You can prepare it in this way. Directions can be given about it. Provider, see what it says, provided that nothing in this clause shall be taken as restricting the power of the parliament to declare highways or waterways to be of national highways or national waterways or the power of the union with respect to highways or waterways. So basically, it is said here related to highways and waterways. Thank you. that no power of the parliament will be able to stop the declaration of national highway or waterway so this power will be theirs next, look at clause 3 we have seen clause 2 and proviso clause 3 says the executive power of the union shall also extend to giving of directions to a state as to measures to be taken for the protection of railways within that state. Here, the union can direct the state to protect the railways. So, these directions can also be given. Clause 4 says, Wherein carrying out any direction given to a state under Clause 2 as to the construction or maintenance of any means of communication or Clause 3 as to the measures to be taken for protection of any railway, costs have been incurred in the excess of... If the cost has been incurred excess of those which would have been incurred in the discharge and normal duties, if the state would have exercised normal duties, if the cost would have been incurred if it is exceeding, then in such cases, the Government of India will give the same sum to the state as may be agreed. And if there is no agreement, then whatever... stipulated amount is given to the state. This is the clause 4. All four clauses are very important. 258. Power of the union to confer powers on the states in certain cases, notwithstanding anything in this constitution. President may with the consent of the government of a state, will take consent here but President, entrust either conditionally or unconditionally to that government. or to its officers functions in relation to matter to which the executive power of the union extends so here notwithstanding in anything in the constitution the president of any government of state related functions here interests either conditionally or unconditionally to that government or to its officers functions in relation to any matters where the power of the union is being extended in whichever area the power of the union is being extended then the power and interest by whom? By the President. President can do that power and trust as far as the power of the Union can be exercised. Executive power of the Union extends. Clause 2 says, a law made by the Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of a State has no power to make laws, confer power and impose duties or authorise the rule of law, the conferring of powers and imposition of duties upon the state and officers authorities thereof. So here the law of the parliament can extend its power and give power to the area which the state usually does not get. This is why the law related to imposition that the state does not have the power to make laws can be conferred and imposed on the duties which the state usually does not have. Who can do it? A law made by the parliament. Clause 3 says, where by the virtue of this article, powers and duties have been conferred or imposed upon a state or officers or authorities thereof shall be paid by the whom by the government of India to the state such sum as may be agreed. So, here the arbitrator will be appointed here as well as the arbitrator which we saw in the back. Appointment will be done by whom? By the Chief Justice of India. CGI will appoint an arbitrator to determine the stipulated amount. And after that, you will see here also, similarly an arbitrator will be appointed. Now Article 258 is a unique article in itself. What does Article 258 say? Power of the states to entrust functions to the union. Now you must have seen that it has gained some patience that the state is also entrusting functions to the union. Notwithstanding anything in this constitution, whatever is written in the constitution, removing that aside, governor of a state may, with the consent of the government of India, here the word government of India is used, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of the state extends. That means the executive power of the state Who exercises the executive power? The governor So whatever power the governor exercises, what will he do? The governor will consult Who will he consult? You will see from the Government of India After consultation, he will give functions to the union He will give functions to the union that you can perform all these functions in the state either conditionally or unconditionally to the government or to its officers functions in relation to any matter which is the executive power of the state. Clear? Clear ho gaya Priyanka? Okay. Aage aajao. Yaha pe itna clear hona chahiye aapko. Article 260 dekhiye. 260 baat karta hai jurisdiction of the union in relation to the territories outside India. India ke bahar ki agar territories hai... So what will be the jurisdiction of the Union? The Government of India may by agreement with the Government of any territory not being part of the territory of India. Let's assume that it is an outside territory from the Indian territory. Let's assume that India is here and it is either lying here or lying here. Undertake any executive, legislative or judicial functions vested in the Government of such territory. So here there should be an agreement. What should happen? There should be an agreement. If you are exercising power outside the territory of India. Vested in the government of such territory but every such agreement shall be subject to and governed by any law relating to the exercise of foreign jurisdiction for the time being enforced. If there is any law related to any foreign jurisdiction, It shall be subject to any law relating to the exercise of foreign jurisdiction. So, India has the power of union to exercise its functions outside of India's territory. Outside India, you read in 260. Now, this article is the most important article. If you talk about administrative relations, the most asked and the most important article talks about public acts, records and judicial proceedings. Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the union and of every state. Vice-a- full faith and credit shall be given throughout the territory of India read it again and again to public acts all the public acts all the records all the judicial proceedings of the union union and state clause 2 says the manner in which and the conditions under which the acts, records and proceedings referred to in clause 1 shall be proved and the effect thereof determined shall be provided by law as made by the parliament, so what will be the effect of it, that will be told by the parliament. After that clause 3 says, Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to the law. So this execution, what you are seeing, this gives validity. Where do all these courts get validity? Article 261 talks about the Public Acts, Records and Judicial Proceedings. Article 262, Adjudication of Disputes relating to Waters of Interstate Rivers or of River Valleys. Recently, this news comes out. Chhattisgarh-Odisha-Mahanadi Water Dispute. inspection of river basins begins to resolve long-standing long-standing conflict or is that a caccia complain Kia del Chico under the interstate river water disputes at 1956 accusing Chhattisgarh of misleading the Mahanadi water disputes tribunal basically by releasing water in Mahanadi River in the non monsoon season so as a cases map the cookie times of India's a man at a Kaliata parliament a catapult parliament may by law provide for the adjudication of any dispute or complaint with respect to the use distribution or control of the waters or any or in any interstate river or river valley parliament law banasakta hai or isi ke chalate law banaya gaya tha hello hello bahut late clause 2 iska kehta hai notwithstanding anything in this constitution parliament may by law provided neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in Clause 1. So here basically Parliament may by law provide Supreme Court, nor any other court will have jurisdiction of any such dispute or complaint as is referred to in Clause 2. This too has been given power because here Parliament has power to make law. And because of this, friends, this law was made. Interstate River Water Disputes Act 1956. Here, the last article is related to administrative functions. The last article is legislative relations and administrative relations. Both are covered. Okay? Now, look. Here, if at any time it appears to the President that the public interest would be served by the establishment of a council charged with the duty of inquiring into and advising upon disputes which may have arisen between the states. If any dispute arises, then an inquiry can be filed on it. B says investigating and discussing subjects in which some or all of the state or the union and one or more states have a common interest. If investigation is to be done in such a matter, making recommendation upon any such subject, in particular recommendation for better coordination of policy and action with respect to that subject. It shall be lawful for the president by order to establish. such a council and to define the nature of duties performed by it and organization and procedure so in such matters where any inquiry or advice is to be given upon a dispute which has been arrived between a state there is a dispute between the states or to investigate or discuss a subject in which some or all of the states or union and one or more states have a common interest let's assume that on one matter two states have a common interest interest common interest matter or government central government or state government common interest so in such matters investigation or discussion or recommendation upon any such subject and in particular recommendation for better coordination of policy and action with respect to that subject so here by order the president will establish a council and to define the nature of the duties so such council you will see who establishes interstate council 263 Interstate Council or precedent who does it? Remember this point So with this we have covered administrative relations Now I will share the important provisions of financial relations Which you have to remember Article 264 Interpretation clause 265 is very important Taxes not to be imposed save by the authority of law is very important. In 266 you will get consolidated funds and public accounts of India and of the states. In 267 you will get contingency fund. After that here distribution of revenues between union and states. You can read this in second sitting but you have to prepare these four today. After that here the most important article is article 280 and 281. Do not break it. In the Finance Commission 280 and 281, recommendations of the Finance Commission. Remember this. It is very important. Okay? come forward after this in miscellaneous financial provisions here is an important article here is an important article which deals with exemptions you can read the articles related to exemptions but here you have to prepare articles 282 and 283 expenditure defrayable by the union or a state out of its revenues custody etc of consolidated funds, contingency funds and monies Credit to the public account. These are important articles that you have to prepare. Related to financial relations. And the next thing is borrowing. So, you can read about borrowing. You can read. There is no need to remember. It has never been asked in the exam. Here, property, contracts, rights, liabilities, obligations and suit. These two articles are the most important articles. And in tomorrow's lecture, we are going to cover this. Contract. suit and proceedings. After that, as we know that Article 19 was omitted from the Right to Property. Chapter 4 was added as Article 300A. Okay? In Part 12. So, this article is an important article. You have to prepare accordingly. Okay? What is going to happen in tomorrow's lecture? In tomorrow's lecture, you will see Article 299. We will cover Article 299 and Article 300. and the other important articles related to financial relations we are going to cover them so I hope today's lecture was fruitful for you and important for you we will meet in the next lecture tomorrow we will cover important articles article 299 and 300 along with that we will cover the important articles related to financial relations till then you keep on studying see you soon take care and God bless you

Hello everybody, welcome to everyone's Lawwala channel. I am Isra Khan, your Law Mentor. And for some reason, the live class yesterday was not able to come.

So today, our schedule was, please scroll down a little bit, sir. Our schedule was, today we had to start a center-state relation. So in today's class, we will start with that only. In the Indian Constitution, Indian politics, you will see that the questions related to politics come, in that this part which we are going to cover in today's session, friends, there is a very important weightage of it, there is a lot of weightage, so good afternoon to everyone, it is very hot, so what is the condition, how is your study going, Chandrakala ji, good afternoon, Pooja ji, good afternoon.

So, in today's session we are going to cover Center-State relations. And the provisions of Center-State relations, you will get to see from Article 245 to Article 263. And after this, the continued articles, you will see that they are also from financial relations. So, there are three types of relations that the Center-State shares.

And we are going to deal with that in today's session. So, let's see what our daily target is. What all we are going to cover in today's session.

We will cover the relations between the Union, that is, the Central Government, and between the states, that is, the State Government. Along with that, we will cover the doctrines on the law-making power of these legislations. We will cover the doctrines and laws that are given on this. Along with that, what are the three types of legislation? And along with that, we will see what kind of federal form of government is there in India.

This is the nature of Indian Constitution. If you see the second class of the Indian Constitution playlist, then we saw the nature of Indian Constitution. So, in that, we saw that India is a quasi-federal form of government.

So, basically, our session today is based on that. So, let's see what federalism is. What is federalism?

Federalism is a political concept. Where you get to know that the power that is always present in federalism, is constitutionally divided constitutionally divided this is constitutionally divided and between whom it is divided this is divided between the centre between the centre and the states so wherever in whichever country you get that the power is divided between the centre and the states then you will get to see that there is a federal form of government So there is federalism. But what happens in India is that the power division is divided between the centre and the state. What happens here is that the centre is sometimes more powerful than the state.

In such cases, the way our country becomes unitary, We will see what the provisions are. So what are those matters that are against the federal principles and against federalism? That is, it is being done unitary.

You will see what the unitary features are. So here we will also cover in today's session. Article 249 which tells that in national interest, the centre can encroach on the state.

Is there or not? In article 249, Similarly, in Article 250, when the Proclamation of Emergency is in operation, then also it happens. After that, you will see in Article 252, when more than two states themselves will ask the Centre to please make a law on this matter, then it happens.

Along with that, if there is any treaty or agreement, then you will see that the Centre becomes more powerful on such matters. So in such cases and also in emergency When an emergency is imposed, it is said that these are unitary principles. This is against federalism.

So, once everyone is joining, I am slowly seeing that people are joining. So, now we will see what are the relations. What types of relations? Types of relations shared by center and state.

It is very important. You also make this. Sorry.

First of all, look. First of all, legislative relations. These are their legislative relations. And you will see, there is a principle. Division of power.

In federalism, there is a very important principle. Do you know what it is? Division of power.

And in today's session, that same principle I have brought the same principle in front of you. Division of power. Basically, what is the difference between division of power and separation of power?

What is the difference between division of power and separation of power? Can anyone say hello, Priyanshi? Can anyone say in the chat section at this time, what is the difference between division of power and separation of power? It is very important. So basically, what is it?

Here we are looking at this only. Now how is this power divided? The legislative relations are divided between the centre and the states.

That means the centre performs its legislative relations and the state performs its relations. Second is administrative relations. Administrative relations and last is financial relations.

Financial relations. Okay? These three types of relations are shared. Division of power means union list, state list and congress list. Very good, Priyanshi.

This is division of power. Very, very important. Okay.

Now, here we have to see one thing. Now we will start chapter 1, legislative relations and we will also study administrative relations. So, relations between central state We are going to cover Chapter 1. First of all, you should understand that Article 245 We will cover Article 245. Okay? Article 245 has two things.

One is Legislative Relations relating to Extraterritorial Operations. Extraterritorial Operations and Intraterritorial Operations. or intra-territorial operation okay these two things as soon as you read the language of bear act you will understand so let's see article 245 what article 245 says very very important article article separation is executive legislative judiciary very good can you please tell me the difference between indian constitution and constitutional law of india if any see Indian Constitution and Constitutional Law of India The only difference is that the Constitutional Law has a polity Polity doesn't mean that many things are written in the text of the Constitution Apart from that, many things are determined through case laws That too comes under the Constitutional Law And the BEAR Act is the Constitution of India, that is, the law has come What does Article 245 say? Article 245 says that extent of laws made by the Parliament and by the legislature of the state means to what extent laws can be made by the Parliament and by the legislature of the state. What does clause 1 say?

Very very important subject to the provisions of this Constitution, whatever provisions are there in this Constitution keeping them in mind, Parliament may make laws for the whole or any part of territory of India and the legislature of state may make laws for whole or any part of the state So here it is said that Parliament can make laws for the whole country or any part of the territory of India can make laws for it and state is called as State Legislative Assembly State legislature can make laws for the whole state or for any part of the state Look at the second clause Second clause says, no law made by the parliament shall be deemed to be invalid. on the ground that it would have extra territorial operation. Can anyone tell me what extra territorial means?

What does extra territorial mean? If India has a limited territory, what does extra territorial mean? Does it mean that India is exercising extra law-making power from this territory?

So what is the parliament saying here? No law made by the parliament. If the parliament is making a law where it is saying that we are granting extra territorial powers, there will be an extra territorial operation of this particular law, then what will happen?

It will not be invalid. No law made by the parliament shall be deemed to be invalid on the ground that it would have an extra territorial operation. Is it clear?

Out of the territory. Pooja ji, very good. Correct.

Okay. This is an extra territorial operation. Now look at what Article 246 says.

I have told you many times that the division of power is in three lists. Which of these three lists are given in the schedule? It is given in the seventh schedule.

So you have to remember that whenever it comes after law making power, in law making power, you have to remember one thing here. division of power will be there and here the provisions are provisions article 246 plus schedule 7 schedule 7 list 1, 2 and 3 you will use this provision you will remember things with this provision So here what does article 246 say? Simply article 246 says in clause 1 It says in clause 1 Notwithstanding anything in clauses 2 and clauses 3 Parliament has exclusive power Parliament has exclusive power to make laws with respect to any of the matters enumerated in list 1 of the 7th schedule In this constitution referred as the Union List.

In clause 1, it is said that anything written in clause 2 does not mean anything. Anything written in clause 3 does not mean anything. Parliament will have exclusive power to make laws in Union List.

That is the list 1 in the 7th schedule. After that, what does clause 2 say? Clause 2 says notwithstanding anything in clause 3. That means clause 1 denied clause 2 and 3. and clause 2 rejected clause 3 notwithstanding anything in clause 3 we don't know what is written in clause 3 Parliament and subject to clause 1 so what did it say here? notwithstanding in clause 3 Parliament and subject to clause 1 here subject to clause 1 the legislature of the state so here it is talking about concurrent list legislature of state also have the power to make laws with respect to any of the matters enumerated in list 3 that is the concurrent list.

So here the parliament and state legislative assemblies will also have the power to make laws but here the state legislature has to keep a close eye on clause 1 where parliament has the power to make laws that means the parliament has the power to make laws, so it has to be suppressed a little it can't exceed its power What is given in clause 3? In clause 3, it is given that subject to 1, what does subject to mean? You cannot exceed the powers which are given in clauses 1 and 2. You have to stay within it.

You have to stay subject to clauses 1 and 2. Now legislature of state shall have exclusive power to make laws for such state or such any part thereof with respect to any of the matters enumerated in list 2. So here in list 2 of 7 schedule, what is given? Your... state list di gai hai jahaan pe exclusive power kis ko di gai hai state legislatures ko di gai hai clause 4 dekhe kya kaita hai clause 4 kaita hai parliament has power to make laws with respect to any matter for any part of the territory of india which is not included in a state notwithstanding that such matter is a matter enumerated in the state list agar koi aisa yahaan pe aap dekhoge koi aisa part hai jo ek particular state mein nahi included hai to yahaan pe you Parliament will have the power to make laws and it will not be seen that this matter is in the state list Parliament will have the power Now the question arises, what are the matters in the 7th Schedule? Pooja Rani Pali, Good Afternoon What are the matters given in the 7th Schedule?

There are 3 lists, Union List, State List and Concurrent List In the Union List, you will see that there are matters of extreme importance Very important, matters of national importance And this is number 97 Total number of subjects in the list is 97. I have listed 10 subjects in front of you. Defense of India, every part thereof, including preparation for defense, is a matter of Unionist. That means who will make the law?

Parliament will make the law. Who will make the law of Naval, Military, Air Force? Parliament will make the law. Deployment of someone in armed forces, delimitation of cantonment areas, local self-government in such areas, Parliament will make the law on all these.

Naval, military, air force works, parliament. Arms, firearms, ammunition, explosives, parliament has the power to make laws. Atomic energy, parliament will make laws. Industries declared by parliament by law to be necessary for the purpose of defense or prosecution of war. You are watching, right?

The matters of national importance, the matters of extreme importance, which are related to defense, you will see that parliament has the power to make laws. Preventive detention, which we saw in Article 22, Parliament will make a law on that too. Parliament will make a law on foreign affairs.

Next, look at the State List. In this, the State List was changed from the 42nd Amendment Act. We will see that now. But in the State List, there are about 66 matters, 66 subjects. Which laws will be made on the state list?

On the state list, we will see that the particular state has the power. Public order, but not including the use of any naval military air force, because on this, the parliament has the power. In clause 2, police. In clause 3, officers and servants of high courts, procedure in rent, revenue courts, fees of all courts, etc.

In clause 4, prisons. reformatories, borstal institutions, even on this, the state legislature has the power to make laws. Local government, that is to say the constitution, powers of municipal corporations, improvement of trust, state government will make laws, state legislature. Public health, sanitation, hospitals, dispensaries, state legislature has them. Pilgrimages, other than pilgrimages outside India, if you are going outside India, apart from that, If you are going to any country, then the state has it.

Intoxicating Liquors, that is to say production, manufacture, possession, transport, purchase and sale of intoxicating liquors. This is with the state. Relief of disabled and unemployed, burials and burial grounds, cremations and cremation grounds.

All these will be made by the state government. Then come ahead friends. Look at the concurrent list.

This is the list that the parliament has. and both the state and legislative assemblies have the power to make laws. This is very important.

Give me a second. Very very important. Here you can see, Criminal law including all matters included in the IPC at the commencement of this constitution but excluding offences against law with respect to any of the matters specified in list 1 and list 2. So what you can see here is, who has the power related to criminal law, always remember friends, what is given at the top, CRPC is given at the top, and the power to make law inside it, both the parliament and state legislative assemblies have been given, absolutely correct, very good, next look at criminal procedure including all matters into the criminal procedure code preventive detentions for reason connected with the security of a state maintenance of a public order so in such cases the matter comes under concurrent list removal from one state to another state of prisoners marriage and divorce infants and minors adoption wills intestancy succession joint family partition Who will make the law on all of them?

If it is coming under the concurrent list, then Parliament and State Legislative Assemblies will make the law on both. After that, transfer of property other than agricultural land registration of deeds and documents, contracts including partnership agencies. When you see the BEAR Act, then many times you will see amendments. So you will see that Uttarakhand has made an amendment, Gujarat has made an amendment.

So it is a matter of concurrent list and there State Legislative Assemblies and Parliament. Both parties have the power to make laws. So, all these things will be mentioned in the concurrent list.

I had told you that the 42nd Amendment Act had been changed. So, what has been changed in the 42nd Amendment Act? Education Forest was in the State List before the 42nd Amendment Act. So, they were made in the Concurrent List of the 42nd Amendment Act.

So that the State Legislature and Parliament can make the same law on this. So, remember that whatever changes were made in the 7th Schedule of the 42nd Amendment Act, you must prepare for it. Now we come to the principle of interpretation of lists.

We have seen that the list is given in the 7th schedule. Now see how their interpretation is done. So subject matters enumerated in the list are not scientifically perfect and there cannot be a watertight compartment. Means you cannot divide them in such watertight compartments. Means in the state list, in the union list, if you tie it completely, then it is not possible in such a country.

There has to be certain overlapping. Overlapping means, Parliament is coming on top of the State Legislature or State Legislature is diminishing the powers of the Parliament. Therefore, there are certain principles of interpretation of lists which are to be followed by the courts while adjudicating upon the matter.

So, first of all, let me tell you here, all the students, all of you, understand this much, that the topic you are watching today, This is extremely important for the mains. You will get to see a direct question in your mains from the centre state relations. It is very important.

So, what is the planary power? Planary power of the legislature is the absolute power to enact laws and it is the only subject of legislative competence and other constitutional limitations. So, what is the planary power?

What is the work of the legislature? The work of making laws. So here it is the power of the legislature to make laws, the power of the legislature to enact laws with reference to the matters interested to it is unqualified and it is only the subject to limitation imposed by the constitution. That is, whatever we saw in Article 245 and Article 246, so who has the power here? Here it is given that the legislature has the power, the parliament has the power to make laws and the limitation that will be imposed will only be imposed on the constitution.

There is no limitation on its law making power. This is the case of JK Jude Mills v. State of UP 1961. Entries should not be interpreted in restrictive sense. That means each general word in an entry should be construed to include all ancillary and subsidiary matters. If there is an entry where there is police, then in the case of JK Jude Mills, whatever is related to it, whatever ancillary powers are there, will also come under it. not in a restrictive sense but in an elaborate sense similarly, in the case of State of West Bengal v. Union of India the power to make laws includes the power to give effect to prospectively as well as retrospectively retrospectively means it will be applied before the date of operation and prospectively means it will be applied after the date of operation so in both the cases, you will see this is the power of legislation and who can stop it?

can only be applied by the constitution. Ancillary and incidental powers. What does it mean?

The power to legislate on a topic includes the power to legislate on ancillary or incidental matters. That is, similar types of matters. Similar matters have the power to make laws on them. Which can be said to be reasonably included in the power given. Now, here was the case of R.D.

Joshi vs Ajit Mill where the Supreme Court held that the entries in the list The list given in the seventh schedule must be given wide meaning implying all ancillary and incidental matters. After that, the court held the punitive measures for enforcing social legislation is ancillary measures. If there is a law related to untouchability, and we are giving punishment to someone, They are punishing you for performing untouchability, for saying bad words to someone.

In such cases, we will give you a three-month sentence. So, what is said here? Punitive.

Punitive means punishment. If you are giving the power to make a law, then you will also give the power to punish. So, he said that if you are giving punishment in social legislation, then what will happen to it? It will be an ancillary measure of it. Now, friends, we will talk about the doctrine of punishment.

pith and substance ki. Bohot bohot important hai. Thik hai? Very very important. Sushant kera hai ma'am Achiever batch for entrance exam mein aap competitive view se kyun padhari hai?

Where am I teaching from competitive view in entrance exam? I am teaching from the very basic, where am I teaching from competitive view? How am I teaching from the view of competitive exam?

Sushant, please explain a little bit. It can help me maybe. Doctrine of pith and substance.

Pith and substance of legislation means the true object and scope of legislation. What is its object related to that particular law? Why was that law made?

What was the object? We will see this. If the law passed by one legislature, the legislature would be the one encroaches upon the field assigned to another means that the state that has been given power the state list has parliament list both are different lists if the state list is entering the parliament and parliament is making law on the matters of the state list encroaching means that they are involving in other matters to the field assigned to another then the court will apply the doctrine of pith and substance to determine it will determine whether the legislature was competent to make it or not suppose if the state legislature made a law on the subject of parliament was the state legislature competent? was it competent to make a law? so this will be seen if the pith and substance of law relates to the matters within the competence of legislature then the enactment will be held to be intra-wise what does intra-wise mean?

it will be valid but here if it comes to see that you did not have the competence to make a law After that, if you make a law, you will be declared as an ultra-wise or void. And we have adopted this doctrine from Canada. Next, see, the doctrine of pith and substance, when it was first applied, we applied it in the case of Praful Kumar v. Bank of Commerce, very very important.

The court held that a clear-cut distinction is not possible between the legislative powers of the union and of the state legislatures because they are bound to overlap. In ascertaining the pith and substance of the act, the court must consider what was the object of that act. This court will consider.

Along with that, the court will consider what was the scope of that act and the effect as a whole. What is its scope? What effect is coming out of that act? And what is its object?

Okay? Sushant, I am waiting for you. I mean, you have said it, so please tell me about it.

In the State of Bombay v. F. N. Balsara 1951 Supreme Court, very important case on pith and substance, remember that, the court held that the Bombay Prohibition Act as valid because the pith and substance of the act fell in the state list, even though it incidentally encroached upon the union list. So here the Bombay Prohibition Act was made, made by the state, that somewhere on the power of the parliament, In the Union List of the Parliament, he was saying that incidentally he was encroaching But he declared it valid on the grounds of Pith and Substance Ma'am you must watch the extreme 50 videos of Constitutional which keep us very closely to CLAT exam Then you should qualify the exam according to that only Sushant After that, come to the 4th one Doctrine of Colorable Legislation, very very important It means that though the apparent the legislature passing the statute purported to act within the limits of power yet in substance transgress these powers the transgression is covert or indecent.

It means that though the apparent the legislature passing the statute purported to act within the limits even though he was trying to act within the limits but yet in substance he exceeded his power and in the power of the other person. If she exercises her power, then she is the best. Every teacher teaches according to their field.

You may understand her, some students may understand me. You can do it accordingly. Definitely, whatever changes are there, they will be done.

No issues on that. Some students want to be taught in detail Some students want to be taught to the point Because some of the science students are also in the class So what they want is in detail Some students want to the point So we will find a break even point where you will be beneficial After that, look at the maxim Now the doctrine you are seeing here This doctrine is based on a maxim What cannot be done directly cannot also be done indirectly So what does it mean to say that you are not able to do something directly, you can't do it indirectly either. It means that though apparently the legislature passing the statute purported to act, you were acting within the limits but ultimately you exceeded your power, so in such cases you have to apply this maxim that cannot be done directly also cannot be done indirectly. Colorability is bound up with incompetency and not with bad faith.

What is there? Colorability is the doctor's responsibility. You can see that colorability means that it was incompetent. It is not necessary that he passed an enactment with ill motive. The case of State of Bihar v. Kameshwar Singh in 1952 Supreme Court is the only case where the law has been declared invalid on the grounds of colorable legislation.

Now, let's move on to the next case. So here you have to see how doctrine of territorial nexus is applied. The state legislation must be confined to persons and subjects within the territorial limits of the state but it does not mean that the state legislation could be struck down with the legislation has only the connection with the object or activity outside the state.

Under this doctrine, a state law of extraterritorial operation will be valid. So what is here? Only because if its extraterritorial operation is going on, then this is what is happening. If it is an extra territorial operation and you declare it invalid on this ground, then it cannot be done. There must be a territorial nexus.

The state legislation must be confined to persons and subject within the territorial limits. Under this doctrine, a state law of extra territorial operation will be valid. So this is the doctrine of territorial nexus. Valis v. Income Tax Commissioner and State of Bombay v. RMDC case. And here, the first clause that we saw...

Article 245's first clause, no law, second clause, no law made by the parliament shall be deemed to be invalid on the ground that it would have an extra territorial operation. Even outside its territory, if it is exercising any power, then in such cases it will not be declared invalid. Because Article 245's clause 2 states that the extra territorial operation of the parliament shall be done by the parliament.

territorial operation b ho sakta hai lekin nexus ho na chahiye uska jo object hai na us territory me uska kuch na kuch nexus ka matlab kya hai kuch na kuch relation zarur ho na chahiye theki hai so yahi doso diya gaya tha territorial nexus ke doctrine ke andar territorial nexus ke doctrine aap ko prepare kar lene hai iske according very very important dono hi case laws ab yaha pe article 246 a hai jo GST se related hai iske andar bhi bohot saare Power, special provision with respect to goods and service tax. Article 246A, very very important. You can see this according to yourself. When the 101th amendment was included, GST was included, then this was added in our chapter. So, if you want to read it according to that, then you can read it.

As such, it has not been asked in the exam. Now, Article 247, very very important. Power of the parliament to provide for establishment of certain... Additional court is very important.

Notwithstanding anything in this chapter, Parliament may by law provide for establishment of any additional courts for the better administration of law. Why? For better administration of law, for better administration of law, in Article 247, here, notwithstanding anything in this chapter, Parliament will have power to make law for establishment of any additional courts.

for the better administration of laws made by the parliament or for any existing laws with respect to a matter enumerated in the union list if that matter is in the union list then also the law can be made by the parliament Priyanshi, very soon there will be a batch of judiciary and 101 amendment act is correct Pooja ji absolutely okay so how do you have to remember 247 additional code 247 is an additional court, who will make it? Parliament will make it. Next, this is the article about which we are repeatedly asked.

That is the Residuary Power. Residuary power is given here in Article 248. Very very important. Subject to Article 246A.

Parliament has exclusive power to make any law with respect to any matter which is not enumerated in the concurrent list or state list. Concurrent list means concurrent list. Apart from the state list, if any matter is not enumerated in the concurrent or state list, such power shall include the power of making any law imposing tax which is not mentioned in either of those lists. If it is about tax, then in all three lists, if nothing is given in all three lists, then the tax imposition also includes the law making. Residuary power is in article 248. You have to remember this.

Now let's talk about article 249. It is very important that the power of the Parliament to legislate with respect to a matter in stateless in national interest. What is given in 249? In national interest.

Notwithstanding anything in the foregoing provisions of this chapter, if the Council of States, Council of States is Raj Sabha, if Raj Sabha is declared by resolution, supported by not less than two-thirds of the members present and voting, is necessary or expedient in national interest, Rajya Sabha will pass a resolution on this. I just told you that this is a little different from the federal principle. So here Rajya Sabha will pass a resolution in the national interest.

What will she say? Parliament should make laws with respect to GST. Here it is about GST. And any matter enumerated in the state list specified by resolution, it shall be lawful for the parliament to make laws for whole or any part of the territory of India.

with respect to the matter while resolution remains in force. So basically, in Article 249, Rajya Sabha will pass a resolution. Residuary power of legislation, Noor Zehra, is absolutely correct.

And it has been asked many times in the exam. So basically, Rajya Sabha will pass a resolution here. And according to that resolution, it will say that if it is related to GST, or if any matter is in the state list, then even the parliament can make a law here, says Article 249. Clause 2 says, a resolution passed under Clause 1 shall remain in force for such period not exceeding one year.

So, till when will it remain? This is also a question asked. It remains valid for one year. Okay.

National interest one year. Very good. Provided that if and so often as the resolution approving the continuance.

If it has to continue, then it can be continued for a further period. One year from the date on which under this clause it would otherwise have ceased to be in force. One year. clause 3 says a law made by parliament which parliament would not but for the passing of resolution under this clause have been competent to make sure to the extent of incompetency cease to have effect on the expiration of a period of six months after the resolution has ceased to be enforced except as respect things omitted to be done before the expiration of a period of six months.

249 ke andar usko resolution ke dwaara power grant kari jaari hai state list pe law banane ki. It will cease to expire after a period of 6 months jab usually usko expire karna hai. Basically iske andar yahi diya hua hai. Ab dekho 250 baat karta hai yaha pe proclamation of emergency ki. Proclamation of emergency mein power of the parliament to legislate with respect to any matter in the state list if proclamation of emergency is in operation notwithstanding anything in this chapter.

Parliament shall, while a proclamation of emergency is in operation, have the power to make laws for the whole or any part of the territory of India with respect to GST. This is a goods and service tax provided in 246A or any of the matters enumerated in stateless. When India is a federal principle, when we are studying federalism here, We have covered many articles, you can watch them again.

In Article 250, when there is a Proclamation of Emergency in operation, the state-listed matters can be made into a Parliamentary law. A law made by the Parliament which the Parliament would not, but for the issue of a Proclamation of Emergency, have been competent to make. Because only because of the emergency, it has been given the power to make a law in the state-listed. to the extent of the incompetency cease to have effect on the expiration of a period of six months after the proclamation has ceased to operate.

After that, its validity will be over. So, in 2549, what did we read? Law is being made in national interest.

In 250, what did we read? Proclamation of emergency is being made in operation. Who is making the law then?

Parliament is making the law, not just on the union list, but also on the state list. Okay. Now 251. What does 251 say? 251 says that if there is inconsistency between laws made by the parliament under articles 249 i.e. in national interest and 250 when proclamation of emergency operation is in place and laws made by the legislatures of the state nothing in article 249 and 250 shall restrict the power of the legislature of a state to make any law which under this constitution it has power to make but any provision of law made by the legislature of a state is repugnant if it is repugnant, if it is against to any provision of a law made by the parliament which parliament has under either of the said articles power to make means that the state should make that law in 249 and 250 but if in 249 and 250 it is being said by the resolution If the law of the state is against the law of the parliament, then the law made by the parliament, whether passed before or after the law made by the legislature of the state, shall prevail. So who will prevail?

The law of the parliament will prevail, whether it is coming before the law of the state or after the law of the state. So here... the law of parliament will prevail shall prevail and the law made by the legislature of the state shall to the extent of repugnancy means all the articles that are being repugnant from the law of parliament so here that will be void so here the law of parliament will prevail see this after that shall to the extent of repugnancy but so long as The law made by the parliament continues to have effect be inoperative. Till the time the law made by the parliament is in operation, till the time the parliament is prevailing, and the state's law is there, till then it will be inconsistent, it will be inoperative. Similarly, Article 252 basically says that if two or more states, through consent, let's say, Himachal Pradesh and Uttarakhand together say, make the law of the parliament our own, any subject, can make a law on the state list.

Then, what is there? Parliament can make a law on the state list. If it appears to the legislatures of two or more states to be desirable that any of the matters with respect to which Parliament has no power to make laws for the states except as provided in Article 249, 250 should be regulated in such states by Parliament by law and if resolutions to that effect are passed. By all the houses of the legislature of those states, it shall be lawful for the parliament to make an act. It means that there should be consent of the state legislatures.

If the state legislatures have passed that law in their own legislature, there should be consent of them. Only then can the parliament make a law on it. Okay.

To pass an act regulating that the matter accordingly and any act so passed shall apply to such states and to any other state by which it is adopted. afterwards, any other state can adopt it by resolution passed in that behalf by the house or where there are two houses by each of the house. In some states, there are seven states where there are state legislative assemblies and state legislative councils.

So, there you have to pass both the legislatures. Any act so passed by the parliament may be amended or repealed by an act of the parliament passed or adopted in a like manner. So, the Parliamentary law can be abolished by the Parliament.

So, what did we see? In 249, we saw National Interest. In 250, we saw Proclamation of Emergency when it is under operation.

Then, Parliament can make a law on the state list. After that, in 251, we saw that if there is any inconsistency between 249 and 250, then Parliament will prevail. In 252, we saw two or more states. If you are asking the parliament to make a law, then parliament will make a law.

Now what does 253 say? 253 says legislation for giving effect to international agreements. Very very important.

This is also very important. Notwithstanding anything in the foregoing provisions of this chapter, Parliament has power to make any law for the whole or any part of territory of India for implementing treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Many times PM attend international conferences. There are many dignitaries and ambassadors who attend international conferences.

So, here parliament will have the power to make any law for the whole or any part of the territory of India. What was decided on that treaty and agreement? What relations will be there between India and that country? To enforce this, who will have this power? This power will be with the Parliament.

These are the international agreements given to you in Article 253. Now see what Article 254 says. Very very important. Article 254 is an article of repugnancy. Article 256 and 263 deals with the administrative relation between the Centre and State. Noor Zehra is absolutely correct.

So, Article 254 is the doctrine of repugnancy. What does repugnancy mean? The basic meaning of repugnancy is that if there is a conflict between you and someone else, and you and that person's power is the same, and it is becoming inconsistent with it so doctrine of repugnancy is given in article 254 of the constitution inconsistency between the laws made by the parliament and the laws made by the legislature of the states means if a law is made by the parliament and state legislature also made a law on that subject so if there is inconsistency in this then what is the procedure so here it is given if any provisions of a law made by the legislature of a state is repugnant to any provisions of a law made by the parliament which parliament is competent parliament ki competency hai us law banane ke liye to enact or to any provisions of an existing law koi existing law hai usse related provisions hai with respect to one or the matters enumerated in the concurrent list you In the matter of concurrent list, both the Parliament and State Legislatures have the power to make the law. Then, subject to the provisions of clause 2, i.e. the clause 2 of 254, keeping that in mind, the law made by the Parliament whether passed before or after the law made by the Legislature of the State, or as the case may be, the existing law shall prevail.

So, the Parliament law that is being made here, friends, It shall prevail and the law made by the legislature of the state shall to the extent of the repugnancy be void. So what did we see in the first clause? The law of the parliament will prevail and the law made by the state legislative assemblies will be declared void on the matters of the concurrent list.

Friends, this is clause 2. It is very interesting. What does clause 2 say? Clause 2 basically says that where a law made by the legislature of a state with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by the parliament.

Now in clause 2 it is said that if the first parliament has made a law and if a law has been made by the state legislative assembly which is the obligation of the parliament provisions of an earlier law made by the parliament or an existing law with respect to that matter then the law so made by the legislature of such state shall if it has been reserved for the consideration of the president and has received his assent prevail in that state then in such cases the law of the parliament shall not prevail The law that was created by the Parliament or that is existing now will not prevail if the presidential ascendant is found here. Which has been kept for the consideration of the President and received his ascend. So friends, we saw two things.

One, we saw such a law, let's assume it was a matter of concurrent list. Who has the power in the concurrent list? Parliament and state legislatures have the power to make laws. Now, let's assume that the state legislature has also made a law.

Parliament has also made a law. But here the law of the parliament will prevail. Okay?

And what will happen to them? They will be void. Now, what is the second thing?

The second thing is that if there is a law of the parliament, Parliament's earlier law or the existing law of the parliament. Or the existing law. So in such cases, if the state legislature passes any law, and this law is passed, President consideration and presidential assent have been received here. Assent has been received here. So the state legislature's law will prevail and it will be put aside.

Okay. when two pieces of legislation have a conflict between them when uh and when are applied to the same facts but they produce different outcomes or results okay so here what has been given is parliament's early law existing law so basically here it has been given okay one more thing here president has got sent provided that he is saying provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to same matter including law, adding, amending, varying, repealing the law. So made by the legislature of the state.

So that means, the state legislature got power. After giving power to the state legislature, a proviso was put in place. In the proviso, Noor Zehra ji said that, provided that nothing in this clause, no restriction has been imposed on the parliament, that it should vary, repeal, add, if it wants, it can do anything to the law made by the state legislature. So here, Parliament becomes powerful.

Article 255 of the Legislative Relations, Requirements as to recommendations and previous sanctions be regarded as a matter of procedure only. If it is related to recommendations, If there is any requirement related to previous sanctions, It is just a matter of procedure. No Act of Parliament, or of the legislature of the state and no provision in any such act shall be invalid by the reason only that some recommendation or previous sanction is required by this constitution or wo nahin diya gaya if the assent to that legislation to that act was given so aise cases mein agar ye sirvah sirv matter of procedure rahega koi mandatory condition nahin hoge ki is wajah se kyunki isme sanction chahiye tha the because of which we need recommendation that is why we declare it invalid so where the recommendation required was that of governor either by governor or president or whether it is the president or the president where the recommendation or the previous sanction required was that of the president by the president so here it is just a matter of procedure clearly it is given in article 255 now friends now here you will see administrative relations The most important article of administrative relations is article 256. Now, in administrative relations, you will see how powerful the union or center becomes.

The executive power of every state is exercised by the governor. So, what is said? Executive power of every state is exercised by the governor.

shall be so exercised as to ensure compliance with the laws made by the parliament and any existing laws which apply in that state. So here compliance should be made by the laws made by the parliament. Executive means that the governor should exercise his power in such a way that the laws made by the parliament should be in compliance with them. And any existing law which apply in that state.

And the executive power of the union. means the president shall extend to giving of such direction to a state as may appear to the government of India necessary for that purpose. Now here you are seeing that directions will be given by the union, the head of the union will give directions to the head of the state. How you have to follow those directions, how you have to do governance in yourself. Article 255 law will be invalid only on the because.

of the certain procedure required. No law will be declared invalid on certain procedure requirement. Let's see what Article 257 says.

Control of the Union over the State in certain cases. The executive power of every State shall be so exercised as not to impede or to prejudice. Here, the State exercising its power will not prejudice the Union's power and impede it. Who will do that? It will not be against it.

The exercise of the executive power of the Union and the executive power of the Union shall extend to giving of such directions to a state as may appear to the Government of India necessary for that purpose. So, in this way, these powers, in this way, the directions will be given to the state as per the purpose of the Government of India. Next, clause 2 says, the executive power of the union shall also extend to giving of directions to a state as to construction and maintenance of means of communication declared in the direction to be of a national or military importance national military importance related directions the executive power of the union shall also extend to giving of directions to a state construction and maintenance of means of communication is there.

You can prepare it in this way. Directions can be given about it. Provider, see what it says, provided that nothing in this clause shall be taken as restricting the power of the parliament to declare highways or waterways to be of national highways or national waterways or the power of the union with respect to highways or waterways. So basically, it is said here related to highways and waterways. Thank you.

that no power of the parliament will be able to stop the declaration of national highway or waterway so this power will be theirs next, look at clause 3 we have seen clause 2 and proviso clause 3 says the executive power of the union shall also extend to giving of directions to a state as to measures to be taken for the protection of railways within that state. Here, the union can direct the state to protect the railways. So, these directions can also be given. Clause 4 says, Wherein carrying out any direction given to a state under Clause 2 as to the construction or maintenance of any means of communication or Clause 3 as to the measures to be taken for protection of any railway, costs have been incurred in the excess of... If the cost has been incurred excess of those which would have been incurred in the discharge and normal duties, if the state would have exercised normal duties, if the cost would have been incurred if it is exceeding, then in such cases, the Government of India will give the same sum to the state as may be agreed.

And if there is no agreement, then whatever... stipulated amount is given to the state. This is the clause 4. All four clauses are very important.

258. Power of the union to confer powers on the states in certain cases, notwithstanding anything in this constitution. President may with the consent of the government of a state, will take consent here but President, entrust either conditionally or unconditionally to that government. or to its officers functions in relation to matter to which the executive power of the union extends so here notwithstanding in anything in the constitution the president of any government of state related functions here interests either conditionally or unconditionally to that government or to its officers functions in relation to any matters where the power of the union is being extended in whichever area the power of the union is being extended then the power and interest by whom? By the President. President can do that power and trust as far as the power of the Union can be exercised.

Executive power of the Union extends. Clause 2 says, a law made by the Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of a State has no power to make laws, confer power and impose duties or authorise the rule of law, the conferring of powers and imposition of duties upon the state and officers authorities thereof. So here the law of the parliament can extend its power and give power to the area which the state usually does not get. This is why the law related to imposition that the state does not have the power to make laws can be conferred and imposed on the duties which the state usually does not have.

Who can do it? A law made by the parliament. Clause 3 says, where by the virtue of this article, powers and duties have been conferred or imposed upon a state or officers or authorities thereof shall be paid by the whom by the government of India to the state such sum as may be agreed. So, here the arbitrator will be appointed here as well as the arbitrator which we saw in the back. Appointment will be done by whom?

By the Chief Justice of India. CGI will appoint an arbitrator to determine the stipulated amount. And after that, you will see here also, similarly an arbitrator will be appointed.

Now Article 258 is a unique article in itself. What does Article 258 say? Power of the states to entrust functions to the union.

Now you must have seen that it has gained some patience that the state is also entrusting functions to the union. Notwithstanding anything in this constitution, whatever is written in the constitution, removing that aside, governor of a state may, with the consent of the government of India, here the word government of India is used, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of the state extends. That means the executive power of the state Who exercises the executive power? The governor So whatever power the governor exercises, what will he do?

The governor will consult Who will he consult? You will see from the Government of India After consultation, he will give functions to the union He will give functions to the union that you can perform all these functions in the state either conditionally or unconditionally to the government or to its officers functions in relation to any matter which is the executive power of the state. Clear? Clear ho gaya Priyanka? Okay.

Aage aajao. Yaha pe itna clear hona chahiye aapko. Article 260 dekhiye.

260 baat karta hai jurisdiction of the union in relation to the territories outside India. India ke bahar ki agar territories hai... So what will be the jurisdiction of the Union? The Government of India may by agreement with the Government of any territory not being part of the territory of India.

Let's assume that it is an outside territory from the Indian territory. Let's assume that India is here and it is either lying here or lying here. Undertake any executive, legislative or judicial functions vested in the Government of such territory.

So here there should be an agreement. What should happen? There should be an agreement. If you are exercising power outside the territory of India. Vested in the government of such territory but every such agreement shall be subject to and governed by any law relating to the exercise of foreign jurisdiction for the time being enforced.

If there is any law related to any foreign jurisdiction, It shall be subject to any law relating to the exercise of foreign jurisdiction. So, India has the power of union to exercise its functions outside of India's territory. Outside India, you read in 260. Now, this article is the most important article. If you talk about administrative relations, the most asked and the most important article talks about public acts, records and judicial proceedings.

Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the union and of every state. Vice-a- full faith and credit shall be given throughout the territory of India read it again and again to public acts all the public acts all the records all the judicial proceedings of the union union and state clause 2 says the manner in which and the conditions under which the acts, records and proceedings referred to in clause 1 shall be proved and the effect thereof determined shall be provided by law as made by the parliament, so what will be the effect of it, that will be told by the parliament. After that clause 3 says, Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to the law. So this execution, what you are seeing, this gives validity. Where do all these courts get validity?

Article 261 talks about the Public Acts, Records and Judicial Proceedings. Article 262, Adjudication of Disputes relating to Waters of Interstate Rivers or of River Valleys. Recently, this news comes out.

Chhattisgarh-Odisha-Mahanadi Water Dispute. inspection of river basins begins to resolve long-standing long-standing conflict or is that a caccia complain Kia del Chico under the interstate river water disputes at 1956 accusing Chhattisgarh of misleading the Mahanadi water disputes tribunal basically by releasing water in Mahanadi River in the non monsoon season so as a cases map the cookie times of India's a man at a Kaliata parliament a catapult parliament may by law provide for the adjudication of any dispute or complaint with respect to the use distribution or control of the waters or any or in any interstate river or river valley parliament law banasakta hai or isi ke chalate law banaya gaya tha hello hello bahut late clause 2 iska kehta hai notwithstanding anything in this constitution parliament may by law provided neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in Clause 1. So here basically Parliament may by law provide Supreme Court, nor any other court will have jurisdiction of any such dispute or complaint as is referred to in Clause 2. This too has been given power because here Parliament has power to make law. And because of this, friends, this law was made.

Interstate River Water Disputes Act 1956. Here, the last article is related to administrative functions. The last article is legislative relations and administrative relations. Both are covered.

Okay? Now, look. Here, if at any time it appears to the President that the public interest would be served by the establishment of a council charged with the duty of inquiring into and advising upon disputes which may have arisen between the states.

If any dispute arises, then an inquiry can be filed on it. B says investigating and discussing subjects in which some or all of the state or the union and one or more states have a common interest. If investigation is to be done in such a matter, making recommendation upon any such subject, in particular recommendation for better coordination of policy and action with respect to that subject. It shall be lawful for the president by order to establish.

such a council and to define the nature of duties performed by it and organization and procedure so in such matters where any inquiry or advice is to be given upon a dispute which has been arrived between a state there is a dispute between the states or to investigate or discuss a subject in which some or all of the states or union and one or more states have a common interest let's assume that on one matter two states have a common interest interest common interest matter or government central government or state government common interest so in such matters investigation or discussion or recommendation upon any such subject and in particular recommendation for better coordination of policy and action with respect to that subject so here by order the president will establish a council and to define the nature of the duties so such council you will see who establishes interstate council 263 Interstate Council or precedent who does it? Remember this point So with this we have covered administrative relations Now I will share the important provisions of financial relations Which you have to remember Article 264 Interpretation clause 265 is very important Taxes not to be imposed save by the authority of law is very important. In 266 you will get consolidated funds and public accounts of India and of the states.

In 267 you will get contingency fund. After that here distribution of revenues between union and states. You can read this in second sitting but you have to prepare these four today. After that here the most important article is article 280 and 281. Do not break it. In the Finance Commission 280 and 281, recommendations of the Finance Commission.

Remember this. It is very important. Okay? come forward after this in miscellaneous financial provisions here is an important article here is an important article which deals with exemptions you can read the articles related to exemptions but here you have to prepare articles 282 and 283 expenditure defrayable by the union or a state out of its revenues custody etc of consolidated funds, contingency funds and monies Credit to the public account. These are important articles that you have to prepare.

Related to financial relations. And the next thing is borrowing. So, you can read about borrowing. You can read.

There is no need to remember. It has never been asked in the exam. Here, property, contracts, rights, liabilities, obligations and suit.

These two articles are the most important articles. And in tomorrow's lecture, we are going to cover this. Contract. suit and proceedings. After that, as we know that Article 19 was omitted from the Right to Property.

Chapter 4 was added as Article 300A. Okay? In Part 12. So, this article is an important article.

You have to prepare accordingly. Okay? What is going to happen in tomorrow's lecture?

In tomorrow's lecture, you will see Article 299. We will cover Article 299 and Article 300. and the other important articles related to financial relations we are going to cover them so I hope today's lecture was fruitful for you and important for you we will meet in the next lecture tomorrow we will cover important articles article 299 and 300 along with that we will cover the important articles related to financial relations till then you keep on studying see you soon take care and God bless you

Transcript for:Understanding Center-State Relations in India

Transcript for:
Understanding Center-State Relations in India