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| THE CONSTITUTION OF INDIA,ARTICLE:245-255 |
LEGISLATIVE RELATIONS (RELATION BETWEEN THE UNION AND THE STATES)
ARTICLE:245-255
EXTENT OF LAWS MADE BY PARLIAMENT AND BY THE LEGISLATURES
(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State
(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation
SUBJECT-MATTER OF LAWS MADE BY LEGISLATURES OF STATES
(1) Notwithstanding anything in clauses (2) and (3),
Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”)
(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State 1*** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).
(3) Subject to clauses (1) and (2), the Legislature of any State 1*** has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”).
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included 2[in a State] notwithstanding that such matter is a matter enumerated in the State List
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1[SPECIAL PROVISION WITH WITH RESPECT TOGOODS AND SERVICES TAX]
(1)
Notwithstanding anything contained in articles 246 and 254, Parliament, and,
subject to clause (2), the Legislature of every State, have power to make laws
with respect to goods and services tax imposed by the Union or by such State
(2) Parliament has exclusive power to make laws with respect to goods
and services tax where the supply of goods, or of services, or both takes place
in the course of inter-State trade or commerce
Explanation.—The provisions of this article, shall, in respect of goods
and services tax referred to in clause (5) of article 279A, take effect from the
date recommended by the Goods and Services Tax Council.]
POWER OF PARLIAMENT TO PROVIDE FOR THE ESTABLISHMENT OF CERTAIN ADITIONAL COURTS
Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List
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RESIDUARY POWERS OF LEGISLATISLATION
(1) 1[Subject to article 246A, Parliament] has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
POWER OF PARLIAMENT TO LEGISLATE WITH RESPECT TO A MATTER IN THE STATE LIST IN THE NATIONAL INTEREST
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to 1[goods and services tax provided under article 246A or] any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:
Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the
extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period
POWER OF PARLIAMENT TO LEGISLATE MITH RESPECT TO ANY MATTER IN THE STATE LIST IF A PROCLAMATION OF EMERGENCY IS INOPERATION.
(1)Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to 1[goods and services tax provided under article 246A or] any of the matters enumerated in the State
List.
(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, 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, except as respects things done or omitted to be done before the expiration of the said period
INCONSISTENCY BETWEEN LAWS MADE BY PARLIAMENT UNDER ARTICLES 249 AND 250 AND LAWS MADE BY THE LEGISLATURES OF STATES
Nothing in
articles 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 if any
provision of a law made by the Legislature of a State is repugnant to any
provision of a law made by Parliament which Parliament has under either of the
said articles power to make, the law made by Parliament, whether passed
before or after the law made by the Legislature of the State, shall prevail, and
the law made by the Legislature of the State shall to the extent of the
repugnancy, but so long only as the law made by Parliament continues to have
effect, be inoperative.
POWER OF PARLIAMENT TO LEGISLATE FOR TWO OR MORE STATES BY CONSENT AND ADOPTION OF SUCH LEGISLATION BY ANY OTHER STATE.
(1) 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 articles 249 and 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 Legislatures of those States, it shall be lawful for Parliament to pass an act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.
(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.
LEGISLATION FOR GIVING EFFECT TO INTERNATIONAL
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or onvention with any other country or countries or any decision made at any international conference, association or other body
INCONSITENCY BETWEEN LAWS MADE BY PARLEAME AND LAWS MADE BY THE LEGISLATURES OF STATES
(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State 1*** 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 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:
Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State
PREQUIREMENT SA RECOMMENDATIONS AND PREVIOUS SANCTIONS TO BE REGARDED AS MATTERS OF PROCEDURE ONLY
No Act of Parliament or of the Legislature of a State 1***, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given—
(a) where the recommendation required was that of the Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required was that of the President, by the President
ARTICLE RELATED TO:
article 245-255, legislative relations article 245-255, article 245-255 Indian constitutions 1949, legislative relations between union and states (article 245-255), state relations article 245 - 255, center - state relations article 245 - 255, article 245 - 255 of the Indian constitution, article 245 to 255,#legislative #relations # center-state #relation #article #245-255 #indian, article 245 to 255 in Hindi, article 245 to 254, article 245 to 255 of indian constitution
FAQ
What is Article 245 of the Indian Constitution?
Article 245 of the Indian Constitution: Distribution of Legislative Powers Article 245 Distribution of Legislative Powers – The Constitution of India extends to the laws made by the Parliament and the Legislatures of the States. (1) Subject to the provisions of this Constitution, Parliament may make any law for the whole or any part of...
What is Article 254 in the Constitution of India?
Constitution of India 1949 Central Government Act Article 254 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States
What is Part XI of the Constitution of India?
For the Government of India, Part XI of the Constitution of India contains articles on the relations between the Union and the States.
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