Chapter
1 - LEGISLATIVE RELATIONS
Article 245 to 255 - Distribution of Legislative Powers
Article 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
(2) No law made by Parliament shall be deemed to be invalid
on the ground that it would have extra-territorial operation.
Article 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 1 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 State1[**] 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
State1[***] 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
1. The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956,
section 29 and Schedule.
2. Substituted by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule, for
"in Part A or Part B of the First Schedule".
Article
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.
Article
248 - Residuary powers of legislation
(1) 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.
Article 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 national interest that
Parliament should make laws with respect to any matter enumerated in the Stale
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 are solution 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.
Article
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
(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.
Article 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.
Article 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.
Article 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
Article 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 State1[***]
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.
1. The
Words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956,
section 29 and Schedule.
Article
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 State1[***]
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.
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