Relations Between the Union and States under Part XI of Constitution of India

The Constitution of India establishes a federal system of government, where powers are divided between the Union and the States. However, unlike a rigid federation, the Indian Constitution adopts a co-operative and flexible federal structure. Part XI of the Constitution, titled “Relations between the Union and the States”, forms the backbone of this arrangement. It explains how legislative, administrative, and judicial relations between the Union and the States are structured and regulated.

Part XI (Articles 245 to 263) ensures that while States enjoy autonomy in their respective spheres, the unity and integrity of the nation remain protected. These provisions are especially important in a country like India, which is diverse in language, culture, geography, and economic conditions. 

Federal Scheme under the Constitution

India is often described as a quasi-federal State. While it has features of a federation such as a written Constitution, division of powers, and an independent judiciary, it also has strong unitary features. Part XI reflects this balance by granting significant authority to the Union, especially during extraordinary situations, while allowing States to function independently in normal circumstances.

The framers of the Constitution believed that excessive rigidity could threaten national unity. Therefore, they designed a system where the Union can intervene when national interest demands it.

Structure of Part XI

Part XI is broadly divided into the following components:

1. Legislative Relations (Articles 245–255)
2. Administrative Relations (Articles 256–261)
3. Provisions relating to Inter-State disputes and coordination (Articles 262–263)

Each of these areas plays a distinct role in maintaining harmony between the Union and the States.

Legislative Relations Between the Union and the States

Legislative relations define how law-making powers are distributed between Parliament and State Legislatures.

Article 245: Extent of Laws

Article 245 authorises Parliament to make laws for the whole or any part of India, while State Legislatures can make laws for their respective States. Parliament’s laws can have extra-territorial operation, meaning they can apply even outside India, provided there is a reasonable connection with India.

This provision highlights the broader legislative reach of Parliament compared to State Legislatures.

Article 246: Distribution of Legislative Powers

Article 246 is the most important provision governing legislative relations. It divides subjects of legislation into three lists under the Seventh Schedule:

Union List (List I)

Subjects of national importance are placed in the Union List. Parliament has exclusive power to legislate on these matters. Examples include defence, foreign affairs, atomic energy, currency, and citizenship. Uniformity across the country is essential for these subjects.

State List (List II)

The State List contains matters of regional or local importance, such as public order, police, public health, agriculture, and local government. State Legislatures have exclusive power over these subjects in normal situations.

Concurrent List (List III)

The Concurrent List includes subjects on which both Parliament and State Legislatures can make laws. Examples include criminal law, marriage and divorce, contracts, education, and labour welfare. In case of conflict, Parliamentary law generally prevails.

This three-fold distribution ensures clarity while allowing cooperation between the Union and the States.

Article 246A: Goods and Services Tax (GST)

Article 246A was introduced by the 101st Constitutional Amendment. It provides a special framework for taxation on goods and services. Both Parliament and State Legislatures can make laws on GST, but Parliament has exclusive power over inter-State GST.

This provision reflects a new model of fiscal federalism, where taxation powers are shared to promote economic integration.

Article 247: Establishment of Additional Courts

Parliament is empowered to establish additional courts for better administration of Union laws. This ensures effective enforcement of Parliamentary legislation across States.

Article 248: Residuary Powers

Residuary powers refer to matters not mentioned in any of the three lists. Article 248 vests these powers exclusively in Parliament. This provision strengthens the unitary character of the Constitution and ensures that new or unforeseen subjects fall within Union competence.

Articles 249 and 250: Parliamentary Power over State Subjects

Under certain circumstances, Parliament can legislate on subjects in the State List:

• Article 249 allows Parliament to legislate on State List matters if the Rajya Sabha passes a resolution stating that it is necessary in the national interest.
• Article 250 grants Parliament similar power during the operation of a Proclamation of Emergency.

These provisions ensure that national interest and security override State autonomy when required.

Article 252: Legislation with State Consent

If two or more States request Parliament to legislate on a State List subject, Parliament may do so. Other States can later adopt the law. This provision encourages cooperative federalism without forcing uniformity.

Article 253: International Agreements

Parliament has the power to make laws for implementing international treaties and agreements, even if the subject falls within the State List. This provision recognises that foreign affairs must remain under Union control.

Article 254: Repugnancy between Union and State Laws

Article 254 deals with conflicts between Union and State laws on Concurrent List subjects. In general, Union law prevails. However, if a State law receives Presidential assent, it can prevail within that State, subject to Parliament’s power to override it later.

This article maintains legislative discipline while allowing flexibility for regional needs.

Article 255: Procedural Requirements

Article 255 clarifies that laws will not become invalid merely due to procedural irregularities in obtaining recommendations or sanctions, provided proper assent has been given.

Administrative Relations between the Union and the States

Administrative relations ensure that laws passed by Parliament are effectively implemented across States.

Article 256: Obligation of States

States are required to ensure compliance with Parliamentary laws. The Union can issue directions to States to ensure proper implementation. This provision reinforces the supremacy of Union law.

Article 257: Union Control over States

The executive power of States must not interfere with Union functions. The Union may issue directions regarding national highways, railways, and strategic communication infrastructure. The Union may also compensate States for additional expenses incurred while complying with such directions.

Articles 258 and 258A: Delegation of Functions

• Article 258 allows the Union to delegate its executive functions to States with their consent.
• Article 258A allows States to delegate functions to the Union.

These provisions promote administrative cooperation and efficiency.

Article 260: Jurisdiction outside India

The Union may exercise executive, legislative, or judicial functions in foreign territories by agreement. This provision reflects India’s international responsibilities.

Article 261: Public Acts and Judicial Proceedings

Full faith and credit must be given to public acts, records, and judicial proceedings throughout India. Judgements passed by courts in one State are enforceable across the country. This ensures national legal unity.

Disputes relating to Inter-State Waters: Article 262

Article 262 empowers Parliament to provide for the adjudication of disputes relating to inter-State rivers and river valleys. Parliament may also exclude the jurisdiction of courts in such matters.

This provision recognises the sensitive and technical nature of water disputes and seeks specialised mechanisms for resolution.

Coordination Between the Union and the States: Article 263: Inter-State Council

Article 263 authorises the President to establish an Inter-State Council to:

• Inquire into disputes between States
• Discuss matters of common interest
• Recommend measures for better coordination

The Inter-State Council is an important institutional mechanism for cooperative federalism and dialogue.

Nature of Union–State Relations under Part XI

Part XI reflects a strong Centre with flexible federalism. While States enjoy legislative and administrative autonomy, the Union retains overriding powers in matters of national importance. This design ensures stability, uniformity, and effective governance in a diverse country.

The provisions of Part XI have played a crucial role in maintaining constitutional balance during emergencies, economic reforms, and national crises.

Conclusion

Part XI of the Constitution of India provides a detailed and balanced framework for relations between the Union and the States. Through legislative distribution, administrative coordination, and dispute resolution mechanisms, it ensures smooth functioning of India’s federal system.

The provisions under Part XI reflect the vision of the Constitution’s framers to create a strong yet cooperative federation. They allow India to function as a unified nation while respecting regional diversity and State autonomy. Understanding these provisions is essential for appreciating how constitutional governance operates in practice in India.