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Legislative Relation Between Centre and State Part XI

The document discusses the legislative powers between the central and state governments as outlined in Part XI of the Indian Constitution. It summarizes the key chapters and articles that distribute legislative authority, discuss residuary powers, and address situations like emergencies that allow central legislation on state matters. The document also examines doctrines developed by the courts to settle disputes over legislative jurisdiction and concludes that the constitution carefully addresses potential conflicts between central and state authorities.

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Seema Rahman
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135 views

Legislative Relation Between Centre and State Part XI

The document discusses the legislative powers between the central and state governments as outlined in Part XI of the Indian Constitution. It summarizes the key chapters and articles that distribute legislative authority, discuss residuary powers, and address situations like emergencies that allow central legislation on state matters. The document also examines doctrines developed by the courts to settle disputes over legislative jurisdiction and concludes that the constitution carefully addresses potential conflicts between central and state authorities.

Uploaded by

Seema Rahman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Presented before-

Pallavi Chhabaria ma’am


Asst.professor at ILS

Presented by-
Rajnensi Singh -1091
Seema Rahman-1107
BBA LLB(hons)
2018-2023
The Constitution of India is termed as the Worlds Lengthiest Constitution & Dr. B.R.
Ambedkar is popularly known as the Father of Indian Constitution. The Constitution was
framed by the Constituent Assembly of India on 16th May 1946. Under the cabinet
mission plan, the constituent assembly consists of 385 members.
Hypothesis followed by our founding fathers

While framing Part-XI framers of the Indian constitution had considered four model
constitutions of different countries. And they were –

U.S. British North


Commonwealt Government of
Constitution, America Act,
h of Australia India Act, 1935
1789 (“USC”) 1867
Act (“CAA”)
(“BNAA”)

Vision -1 Vision -2
Legislative relation

Centre’s control over


Territorial extent of
state legislation
Central and state
Legislation

Parliamentary Distribution of
Legislation in the legislative subjects
state field
SCHEDULE -7
Part –XI (Chapter-1)
• 245-Distribution of Legislative Powers extent of laws made by Parliament and by the Legislatures of States.
• 246- Subject-matter of laws made by Parliament and by the Legislatures of States.
• 247-Power of Parliament to provide for the establishment of certain additional courts.
• 248-Residuary powers of legislation.
• 249-Power of Parliament to legislate with respect to a matter in the State List in the national interest.
• 250-Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of
Emergency is in operation.
• 251-Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the
Legislatures of States.
• 252-Power of Parliament to legislate for two or more States by consent and adoption of such legislation by
any other State.
• 253- Legislation for giving effect to international agreement
• 254-Inconsistency between laws made by Parliament and laws made by the Legislatures of States.
• 255-Requirements as to recommendations and previous sanctions be regarded as matters of procedure only
Doctrines

Doctrine of Doctrine of pith Doctrine of


territorial and substance Aspect
Nexus

Doctrine of Doctrine of Doctrine of


eclipse colourable repugnance
legislation
Conclusion

The provision of our constitution are well interwoven. Every possible situation in which
the conflict may arise between the centre and state is well taken care of

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