Part 11 of Indian Constitution, Article 245 to 263, Amendments

The Parts of the Constitution of India collectively define powers, duties and relationships among different organs of government. Part 11 of Indian Constitution is one such important division. It explains how authority is shared between the Union and the States. It covers Articles 245 to 263 and establishes rules for legislative and administrative coordination while ensuring that India functions under a cooperative federal structure.

Part 11 of Indian Constitution

Part XI of the Indian Constitution is titled as “Relations between the Union and the States.” It deals with how legislative and administrative powers are distributed between the central government and state governments. This Part defines the extent of law making authority, division of subjects and executive responsibilities. It also provides mechanisms for resolving disputes and promoting coordination. Part 11 of Indian Constitution plays a central role in shaping India’s quasi federal system, where both levels of government function within defined constitutional limits.

Chapters under Part 11 of Indian Constitution

Part 11 of Indian Constitution is divided into two chapters covering legislative and administrative relations in detail. The chapters include:

• Chapter I- Legislative Relations: This chapter covers Articles 245 to 255. It explains the territorial extent of laws, division of subjects between Union and States, special powers of Parliament in national interest or emergencies and resolution of conflicts between Union and State laws.
• Chapter II- Administrative Relations: This chapter includes Articles 256 to 263. It focuses on executive obligations, Union control in specific situations, delegation of powers, water dispute adjudication and establishment of an Inter-State Council for coordination.

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Articles under Part 11 of Indian Constitution

Articles 245 to 263 of the Part 11 of Indian Constitution explain legislative authority, administrative duties and cooperation between Union and States.

• Article 245- Extent of Laws: Parliament can make laws for the whole or any part of India, while State Legislatures can legislate for their respective territories. Parliament may also enact laws with extra territorial operation if linked to India.
• Article 246- Subject Matter of Laws: Legislative subjects are divided into Union List, State List and Concurrent List. Parliament has exclusive power over Union List, States over State List and both share authority over Concurrent List subjects.
• Article 246A- Goods and Services Tax: Provides a special arrangement for GST. Both Union and States have concurrent powers for taxation under GST, while Parliament has exclusive authority over inter-State GST matters.
• Article 247- Additional Courts: Empowers Parliament to establish additional courts for better administration of laws made by it, strengthening the implementation of central legislation.
• Article 248- Residuary Powers: Grants Parliament exclusive power to legislate on matters not listed in any of the three Lists, ensuring no subject remains outside legislative control.
• Article 249- National Interest Legislation: Allows Parliament to legislate on State List matters if the Rajya Sabha passes a resolution by a two-thirds majority declaring it necessary in national interest.
• Article 250- During Emergency: Authorizes Parliament to make laws on State List subjects when a Proclamation of Emergency is in operation, enhancing central authority temporarily.
• Article 251- Inconsistency under Articles 249 and 250: Provides that Union laws made under these provisions will prevail over inconsistent State laws during the period of their operation.
• Article 252- Legislation by Consent: Parliament may legislate for two or more States if they consent. Other States can later adopt such legislation, ensuring cooperative federal action.
• Article 253- International Agreements: Empowers Parliament to make laws to implement international treaties and agreements, even on matters in the State List.
• Article 254- Repugnancy: In case of conflict between Union and State laws on Concurrent List subjects, Union law prevails unless the State law has received Presidential assent.
• Article 255- Procedural Requirements: Clarifies that recommendations or previous sanctions required for legislation are procedural matters and do not invalidate laws merely for procedural irregularities.
• Article 256- Obligation of States: States must exercise executive power in compliance with laws made by Parliament and ensure effective implementation of Union laws.
• Article 257- Union’s Control: Allows the Union to issue directions to States in certain cases to ensure compliance with laws and policies.
• Article 257A- Repealed Provision: Earlier permitted deployment of Union armed forces in States for assistance. This provision was later repealed to restore federal balance.
• Article 258- Delegation by Union: Enables the Union to confer powers or functions on States with consent, promoting administrative cooperation.
• Article 258A- Delegation by States: Allows States to entrust their functions to the Union with consent, facilitating administrative flexibility.
• Article 259- Repealed Provision: Earlier dealt with certain administrative arrangements but is no longer in force.
• Article 260- Jurisdiction Outside India: Permits the Union to exercise jurisdiction in territories outside India with consent, broadening administrative reach.
• Article 261- Public Acts and Records: Ensures that public acts, records and judicial proceedings of one State are recognized and respected by other States.
• Article 262- Water Disputes: Authorizes Parliament to provide for adjudication of disputes relating to inter-State rivers and allows exclusion of court jurisdiction in such matters.
• Article 263- Inter-State Council: Empowers the President to establish an Inter-State Council to inquire into disputes and promote coordination between States.

Amendments related to Part 11 of Indian Constitution

Several amendments have reshaped legislative and administrative balance under Part 11 of Indian Constitution as given below:

• 3rd Constitutional Amendment Act, 1954: Amended Article 246 and the Seventh Schedule to expand Parliament’s authority over trade and commerce in essential commodities, strengthening Union legislative control.
• 7th Constitutional Amendment Act, 1956: Modified Articles 245 to 255 and reorganized States. It clarified legislative jurisdiction and empowered Parliament to legislate for newly formed Union Territories.
• 40th Constitutional Amendment Act, 1976: Strengthened Parliament’s taxation authority through changes in the Union List, indirectly influencing legislative balance under Part XI.
• 42nd Constitutional Amendment Act, 1976: Amended Article 246 and inserted Article 257A. It shifted five subjects including education and forests to the Concurrent List, increasing central influence.
• 44th Constitutional Amendment Act, 1978: Repealed Article 257A to reduce excessive centralization and restore greater administrative autonomy to States.
• 101st Constitutional Amendment Act, 2016: Inserted Article 246A and amended Article 248 to introduce the Goods and Services Tax, creating concurrent taxing powers and redefining fiscal federal relations.

Case Laws related to Part 11 of Indian Constitution

Judicial decisions have clarified legislative competence and federal balance under Part 11 of Indian Constitution as highlighted below:

• Hoechst Pharmaceuticals Ltd. v. State of Bihar (1983): Clarified repugnancy under Article 254 and ruled that Union law prevails over conflicting State law unless Presidential assent is granted.
• R.M.D.C. v. Union of India (1957): Applied the doctrine of pith and substance to determine legislative competence when subjects overlapped between Union and State Lists.
• Union of India v. H.S. Dhillon (1972): Confirmed Parliament’s exclusive authority over residuary subjects under Article 248, reinforcing central legislative supremacy.
• State of West Bengal v. Union of India (1963): Supreme Court upheld Parliament’s supremacy in legislative matters and confirmed that Union law prevails over State law in Concurrent List conflicts.

S.R. Bommai v. Union of India (1994): Recognized federalism as part of the basic structure and limited misuse of central power, emphasizing constitutional balance in administrative relations.