- THE CONSTITUTION OF INDIA
PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I.—LEGISLATIVE RELATIONS
Distribution of Legislative Powers
- 245.Extent of laws made by Parliament and by the Legislatures of
States.—(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. - 246.Subject-matter of laws made by Parliament and by the
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 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 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.
246A. Special provision with respect to goods 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.]
- 247.Power of Parliament to provide for the establishment of certain
additional 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. - 248.Residuary powers of legislation.—(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. - 249.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 2[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. - 250.Power of Parliament to legislate with respect to any matter in
the State List if a Proclamation of Emergency is in operation.—(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. - 251.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. - 252.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.
- 253.Legislation for giving effect to international agreements.—
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 convention with any other
country or countries or any decision made at any international conference,
association or other body. - 254.Inconsistency between laws made by Parliament 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. - 255.Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only.—No Act of Parliament or of the
Legislature of a State, 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.