STATE-CENTRAL RELATIONSHIPS- ART 245-263 1) Legislative relations are contained in Art 245-255 and administrative relations are contained in 256-263. Financial aspects and distribution of revenue and finance Commission are contained in Part XII from 264-300 A. 2) Art245 Parliament can make law for whole part of India including extra territorial and State can make law for the whole or part of state. 3) Art 246 Law making power under three lists for union territories-pith and substance-Prafulla Vs Bank of Commerce-Areas where disputes likely to arise-co-op. society-preventive detention, stamp duties, Mines, Essential Commodities.For UT Parliament 247;Parliament to establish addl courts for trying caseds under Union List. 4) Art 248:Residuary powers of legislation: If not in any list Parliament can make law including law imposing a tax not mentioned in either of those List. 5) Art 249 When can Parliament legislate on State List: (1) If Rajya Sabha declares by 2/3 that it is necessary or expedient in the national interest-Parliament can make law (2) Remain in force for 1 year-can be extended by another year through same process During Emergency-ceases on expiry of 6 months after emergency-Art 250. Art 252: Parliament can make for 2 or more States if passed by those States-any amendment to those can be made only by Parliament. Art 251-Inconsistency on Laws made under 249 or 250 – Parliament Act prevails. (6) Art 253: Legislation to give effect to international agreements or treaty-Parliament. (7) Art 254:Any inconsistency in State Law with central law only Union Law can prevail-However if any portion is repugnant-can get President’s assent and that will prevail. (8)Art 255: Requirement of recommendation and –previous sanction not necessary if assent is given. ADMINISTRATIVE RELATIONS-ART 256-263 1) Art 256: Executive power of the State to be exercised subject to union laws.Union can give direction. 2) Art 257:State not to impede power of Union-Control of Union over state-3 occasions-general-military-railways. 3) Art 258:President can confer certain powers of Union. 4) Art 258 A: Governor can entrust with concurrence of Union of India State powers. 5) Art 260:Govt. of India by agreement with any other territory exercise all the 3 functions. 6) Art 261: Public acts, records and judicial proceedings shall be given full faith and credit. Final judgments or orders delivered or passed by civil courts can be executed any where in the territory. 7) DISPUTES RELATING TO WATER-ART 262 Parliament by law provide for adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of or in any inter State River or river valley. Parliament may also provide that neither Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint. Inter States Water Disputes Act 1956 is legislation. But the Supreme Court can direct union to fulfill its statutory obligation under sec.4 of Act. 8)COORDINATION BETWEEN STATES-INTER STATE COUNCIL-ART 263 President can if it appears that public interest would be served-Duties of councils. (1) Inquire into and advise upon disputes arisen between States (2) Investigate and discuss subjects in which some or all States or Union have a common interest (3) make any recommendation on any subject for the better coordination of policy and action with respect to that subject. President can establish such a council and to define the nature of the duties to be performed by it and its organization and procedures. Supreme Court can give direction on a writ of mandamus if not constituted – further held interim relief can be granted by council/T.N. Cauvery Sangam Vs Union of India. (a)Council created in 1990 by President with PM as chairman, all CMs as members and 6 Union Cabinet Ministers. Regularly meet in Delhi- last at Srinagar for the first time b) Zonal Council- SRC- 5 councils- Union HomeMinister Chasrman c) NE Council- 1994 constituted
Posted on: Mon, 17 Jun 2013 06:40:42 +0000
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