Mentioned in Parts XI and XII of the Constitution

Legislative Relations

Articles 245 to 255 in Part XI

Four Aspects

• Territorial extent of Central and state

legislation
• Distribution of legislative subjects
• Parliamentary legislation in the state field
and
• Centre’s control over state legislation
1) Territorial extent of Central and
state legislation
 Can make laws for
the whole or any
part of India

Can make laws for

the whole or any part
of the state
The Parliament alone can
make ‘extra-territorial
legislation’

Laws of the Parliament are also

applicable to the Indian
citizens and their property in
any part of the world
 Restriction

The laws of Parliament are NOT APPLICABLE

in the following areas:

1) The President can make regulations for the peace,

progress and good government of the 4 Union Territories:

•The Andaman and the Nicobar Islands,

•Lakshadweep,
•Dadra and Nagar Haveli and
•Daman and Diu.
2) The governor is empowered to direct that an act of
Parliament does not apply to a scheduled area in the state.

3) The Governor of Assam may direct that an act of

Parliament does not apply to a tribal area (autonomous district)
in the state or and exceptions.

4) The President enjoys the same power with respect to tribal

areas (autonomous districts) in Meghalaya, Tripura and Mizoram.
Distribution of legislative subjects
 • Union List 100 subjects

• State List -61 subjects.

• Concurrent List -52 subjects

• Both the Parliament and the

State Legislatures can
make laws on these subjects.

• But in case of a conflict

between the Union and the
State law regarding a subject,
The power to make laws with respect to Residuary the Union law prevails over
subjects (i.e., the matters which are not enumerated in the State law.
any of the three lists) is vested in the Parliament.
3. Parliamentary Legislation in the
State Field
 The Constitution empowers the Parliament to make laws on
any matters in the state list under the following five
extraordinary circumstances
If it is necessary in the national
1) When Rajya Sabha
interest that Parliament
Passes a Resolution

The laws cease to have effect on the By special

expiration of six months after the
resolution has ceased to be in force
majority

Resolution remains in
It can be renewed any number of times but
not exceeding one year at a time
force for one year
 The laws become inoperative on the
2) During a National Emergency expiration of six months after the
emergency has ceased to operate

When the legislatures of two or more

3) When States Make a Request states request the Parliament to enact
laws on a matter in the State List

Any other state may adopt it Laws enacted applies

afterwards by passing a resolution to only to those states &
that effect in its legislature not others
 EG- United Nations (Privileges and Immunities) Act,
4) To Implement 1947; Geneva Convention Act, 1960; Anti-Hijacking
International Agreements Act, 1982 and legislations relating to environment
and TRIPS.

A law made so by the Parliament continues to be

5) During President’s Rule
operative even after the president’s rule

Such a law can be repealed or altered or re-

enacted by the state legislature
Q) When the legislatures of two or more states request the
Parliament, to enact a Law on matters of State List, That Law
can be :-

a) Repealed or Amended by State Legislature

b) Amended or Repealed by Prime Minister
c) Amended or Repealed by Parliament
d) Amended or Repealed by Governor of that state
OPTION- C

When States Make a Request-Such a law can be

amended or repealed only by the Parliament and not
by the legislatures of the concerned states. The state
legislature ceases to have the power to make a law
with respect to that matter. The resolution operates as
abdication or surrender of the power of the state
legislature
 4. Centre’s Control Over State Legislation

1. Reservation of certain bills by Governor for

Presidential consideration

2. Certain bills require prior Presidential sanction

3. President can direct to reserve money bills &

other financial bills during financial emergency