Polity
Centre-State Relations
Legislative Relations (Articles 245–255)
Centre-State legislative relations for CGPSC: Seventh Schedule lists, residuary power, Parliament in the State field (Arts 249–253), Art 254 and Governor's assent.
Prerequisites
- Preamble and Salient Features of the Constitution — why India is called a “Union of States” with federal and unitary features.
- Parliament — the special role of the Rajya Sabha, which appears again in Article 249.
- State Executive and Legislature — the Governor and the State legislature, whose Bills are discussed below.
The Hook: A State Made by Parliament, Suing Parliament
Connect
Chhattisgarh came into being on 1 November 2000 through an Act of Parliament, the Madhya Pradesh Reorganisation Act, 2000. No vote of the new state was needed: under Article 3, Parliament can redraw the map of any state.
Twenty years later, in January 2020, the Government of Chhattisgarh filed an original suit in the Supreme Court under Article 131, arguing that Parliament’s National Investigation Agency Act, 2008 intruded on “police”, a subject in the State List.
So Parliament can create a state, but can it make any law it likes for that state? Who decides which legislature may legislate on which subject? That division of law-making power is legislative relations, the subject of this page.
Why it matters: Prelims asks exact details: which list a subject is in, the Rajya Sabha majority under Article 249, how long such laws last, and how Article 254 settles conflicts. Mains asks whether the scheme makes India “quasi-federal”.
Where It Sits in the Constitution
Centre-State relations (केंद्र-राज्य संबंध) are spread over Part XI (two chapters) and Part XII:
| Relation | Location | Articles |
|---|---|---|
| Legislative (विधायी संबंध) | Part XI, Chapter I | 245–255 |
| Administrative | Part XI, Chapter II | 256–263 |
| Financial | Part XII | 264–293 |
The scheme draws heavily on the Government of India Act, 1935, which also had three lists. The Constitution distributes legislative power in two ways: territorially (Art 245) and by subject matter (Art 246 and the Seventh Schedule).
1. Territorial Extent (Article 245)
| Legislature | May make laws for |
|---|---|
| Parliament | The whole or any part of India (states, Union Territories, and other areas included in India). Its laws may also have extra-territorial operation: they can apply to Indian citizens and their property anywhere in the world |
| State legislature | The whole or any part of the state only. A state law can reach outside the state only if there is a sufficient territorial nexus between the state and the object of the law |
Limits on Parliament’s territorial power:
- The President may make regulations for certain Union Territories (Art 240, e.g. Andaman and Nicobar Islands, Lakshadweep), and these have the same force as an Act of Parliament.
- In Fifth Schedule (Scheduled) areas, the Governor may direct that an Act of Parliament or of the State legislature shall not apply, or shall apply with modifications. The Governor may also make regulations for peace and good government there, with the President’s assent.
- In Sixth Schedule tribal areas (Assam, Meghalaya, Tripura, Mizoram), similar powers rest with the Governor and the autonomous councils.
Chhattisgarh angle
Much of Chhattisgarh, including large parts of the Bastar and Surguja divisions, is a Fifth Schedule area. The Governor’s power to modify the application of Central and State laws in these areas is a limit on both legislatures and is a strong local example for Mains. See PESA and Scheduled Areas.
2. Subject Matter: the Seventh Schedule (Article 246)
Article 246 distributes subjects among three lists in the Seventh Schedule (सातवीं अनुसूची):
| List | Who legislates | Original entries (1950) | Typical subjects |
|---|---|---|---|
| List I: Union List (संघ सूची) | Parliament exclusively | 97 | Defence, foreign affairs, railways, banking, currency, atomic energy, census, posts, citizenship, inter-state trade, income tax (non-agricultural), customs, corporation tax |
| List II: State List (राज्य सूची) | State legislature exclusively (in normal times) | 66 | Public order, police, public health and sanitation, agriculture, land, local government, liquor, betting, markets, agricultural income tax, land revenue |
| List III: Concurrent List (समवर्ती सूची) | Both | 47 | Criminal law and procedure, marriage and divorce, bankruptcy, trade unions, economic and social planning, education, forests, electricity, drugs, newspapers |
Present number of entries
After later amendments, the counts most commonly quoted are about 98–100 (Union), 59–61 (State) and 52 (Concurrent). The Union and State figures differ between sources because of how inserted entries (such as 2A and 92A) and deleted entries are counted. For Prelims, the original figures (97 / 66 / 47) and the Concurrent List’s 52 are the safe numbers.
The order of supremacy
- Union List prevails over the Concurrent and State Lists.
- Concurrent List prevails over the State List.
- In a conflict on a Concurrent subject, the Central law prevails (Art 254, below).
The 42nd Amendment (1976): five subjects moved
The 42nd Amendment transferred five subjects from the State List to the Concurrent List:
- Education
- Forests
- Weights and measures
- Protection of wild animals and birds
- Administration of justice; constitution and organisation of all courts except the Supreme Court and the High Courts
Residuary powers (अवशिष्ट शक्तियाँ) — Article 248
- Power over any matter not in any list rests with Parliament (Art 248 and Entry 97 of the Union List), including residuary taxes.
- This follows Canada, not the USA or Australia, where residuary power lies with the states.
- Under the 1935 Act, residuary power was given to the Governor-General.
- Whether a matter is residuary is finally decided by the courts.
GST: Article 246A (101st Amendment, 2016)
- Art 246A gives both Parliament and State legislatures power to make laws on the Goods and Services Tax, a kind of simultaneous power outside the three lists.
- Exception: Parliament alone legislates on GST on inter-state supplies (IGST).
How courts read the lists
| Doctrine | Meaning | Example |
|---|---|---|
| Pith and substance | Look at the true nature of a law. If it is substantially on a subject within the legislature’s list, an incidental effect on another list does not invalidate it | State of Bombay v. F.N. Balsara (1951): Bombay’s prohibition law upheld as a law on intoxicating liquor (State List), despite effects on imports |
| Colourable legislation | “What cannot be done directly cannot be done indirectly.” A legislature cannot disguise a law on a subject it lacks power over | Applied when a law’s form hides its real subject |
| Harmonious construction | Read entries so that each has effect, avoiding conflict where possible | Used to reconcile overlapping entries |
| Repugnancy (Art 254) | Which law prevails in a conflict on a Concurrent subject | See below |
3. Article 254: Repugnancy on Concurrent Subjects
- 254(1): If a State law on a Concurrent subject is repugnant to a Central law, the Central law prevails and the State law is void to the extent of repugnancy. This applies whether the Central law was made before or after the State law.
- 254(2): Exception. If the State law was reserved for the President and received his assent, it prevails in that state.
- Proviso to 254(2): Parliament can still later make a law on the same matter that adds to, amends, varies or repeals that State law.
Article 254 in one line
On a Concurrent subject, the Centre wins, unless the State law has the President’s assent, and even then only until Parliament legislates again.
4. When Parliament Legislates on State List Subjects
The State List is exclusive only in normal times. Parliament can make laws on State subjects in five situations:
| Article | Situation | Condition | How long the law lasts |
|---|---|---|---|
| 249 | National interest | Rajya Sabha passes a resolution supported by two-thirds of members present and voting | Resolution valid one year, renewable any number of times (one year at a time). The law ceases six months after the resolution ceases |
| 250 | National Emergency (Art 352) in operation | Automatic: Parliament gets power over State List matters | Law ceases six months after the Emergency ends |
| 252 | Agreement between states | Two or more State legislatures pass resolutions requesting Parliament | Applies only to those states and to any state that later adopts it by resolution. Can be amended or repealed only by Parliament. Those states lose power on that matter |
| 253 | International agreements | To implement any treaty, agreement or decision of an international body | Permanent. Examples: Geneva Conventions Act, 1960; Anti-Hijacking Act, 1982 |
| 356 (with 357) | President’s Rule in a state | Proclamation under Art 356 declares that the State legislature’s powers are exercisable by or under Parliament | Laws made during President’s Rule continue after it ends until altered or repealed by the State legislature |
Laws passed under Article 252 (commonly cited examples): Prize Competition Act, 1955; Wild Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Urban Land (Ceiling and Regulation) Act, 1976; Transplantation of Human Organs Act, 1994.
Article 249: the state can still legislate
A resolution under Article 249 does not take away the State legislature’s power over that subject. Both can legislate, but if the two laws conflict, Parliament’s law prevails. This is a favourite statement-based trap.
5. Centre’s Control over State Legislation
Even within the State List, the Centre has a say through the Governor and the President:
| Mechanism | Article | What happens |
|---|---|---|
| Reservation of Bills | 200 | The Governor may give assent, withhold assent, return a non-Money Bill for reconsideration, or reserve the Bill for the President. Reservation is mandatory for a Bill that would derogate from the powers of the High Court |
| President’s options on reserved Bills | 201 | The President may assent or withhold assent. For a non-Money Bill, he may direct the Governor to return it. The legislature must reconsider within six months; if passed again, it goes back to the President, who is not bound to assent |
| Previous sanction for introduction | 304(b) proviso | Bills imposing restrictions on freedom of trade, commerce and intercourse need the President’s previous sanction before introduction in the State legislature |
| Protection through President’s assent | 31A, 31C, 254(2) | Certain State laws get constitutional protection only if reserved and assented to |
| Financial Emergency | 360 | The President may direct that Money Bills and Financial Bills of states be reserved for his consideration |
Recent development: timelines for assent (as of 2026)
- State of Tamil Nadu v. Governor of Tamil Nadu (8 April 2025): a two-judge bench of the Supreme Court held that a Governor cannot sit on Bills indefinitely, prescribed timelines, and treated ten pending Tamil Nadu Bills as having received assent.
- Presidential Reference under Article 143 (opinion of 20 November 2025): a five-judge Constitution Bench opined that courts cannot fix timelines for the Governor or President under Articles 200 and 201 and cannot declare “deemed assent”. It also said that Governors cannot delay Bills indefinitely, and that prolonged, unexplained inaction can face limited judicial review.
For Mains, this is the most current example of friction in legislative relations.
Analysis for Mains: Is the Scheme Too Centralised?
| Arguments for a strong Centre | Criticisms (states’ view) |
|---|---|
| Partition, princely-state integration and the need for unity in 1950 | Union List is the longest and covers the most important subjects |
| Uniform laws on criminal law, marriage and economic planning across a diverse country | Residuary power with the Centre, unlike classic federations |
| Article 249 needs a Rajya Sabha resolution, the house that represents states | 42nd Amendment moved education and forests away from exclusive state control without states’ consent |
| Article 252 is used only at states’ own request | Governor’s reservation of Bills can stall elected state governments |
| Courts (pith and substance, Bommai) protect the states’ sphere | Concurrent List laws are often passed without consulting states (Sarkaria and Punchhi both urged consultation) |
Balanced conclusion: India’s legislative scheme leans towards the Centre by design, but it is not unitary. States retain exclusive control over key subjects such as police, public order, agriculture and land, and courts have treated federalism as part of the basic structure (S.R. Bommai, 1994). Chhattisgarh’s 2020 suit against the NIA Act shows that states use constitutional routes, not just politics, to defend their list.
Memory Tricks
Parliament in the State field: '249 RS, 250 Emergency, 252 Request, 253 Treaty, 356 President'
Read it as “Rajya Sabha, Emergency, Request, Treaty, President’s Rule” — “RERTP”, or “Raipur Express Runs To Pendra”.
- 249 = Rajya Sabha (two-thirds present and voting, one year at a time)
- 250 = Emergency
- 252 = Request of two or more states
- 253 = Treaty
- 356 = President’s Rule
42nd Amendment's five subjects: 'EF-WWJ'
Education, Forests, Weights and measures, Wild animals and birds, Justice (administration of). Think “Every Forest Was Wildly Judged”.
Original list sizes: 97-66-47
Count down by roughly 30 and then 20: 97 → 66 → 47. Union is biggest, Concurrent smallest.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 249 — Rajya Sabha resolution, two-thirds present and voting, national interest | vs | Art 312 — Rajya Sabha resolution (same majority) to create a new All-India Service |
| Art 249 law — ceases 6 months after resolution ceases | vs | Art 250 law — ceases 6 months after Emergency ends |
| Art 252 — law can be amended/repealed only by Parliament | vs | Art 357 — laws made during President’s Rule can be changed by the State legislature later |
| Art 254(2) — State law with President’s assent prevails in that state | vs | Art 254(1) — Central law prevails on Concurrent subjects |
| Art 248 — residuary power with Parliament | vs | USA / Australia — residuary power with the states |
| Art 200 — Governor’s options | vs | Art 201 — President’s options on a reserved Bill |
Common Mistakes
MCQ traps
- “Article 249 needs a resolution of both Houses.” False. Only the Rajya Sabha, by two-thirds of members present and voting.
- “An Article 249 resolution can be extended only once.” False. It can be renewed any number of times, one year at a time.
- “After an Article 252 law, the consenting states can amend it.” False. Only Parliament can amend or repeal it.
- “Residuary powers lie with the states, as in the USA.” False. Under Art 248 they lie with Parliament; India follows Canada.
- “Agriculture and police are Concurrent subjects.” False. Both are in the State List. Education and forests are Concurrent (since 1976).
- “GST is levied under Entry 97 of the Union List.” False. GST power comes from Article 246A (101st Amendment, 2016), a simultaneous power.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The Seventh Schedule originally contained ______ entries in the Union List, ______ in the State List and ______ in the Concurrent List.
- Residuary powers of legislation are vested in Parliament by Article ______.
- A resolution of the Rajya Sabha under Article 249 remains in force for ______.
Answers
- 97, 66, 47.
- Article 248 (read with Entry 97 of the Union List).
- One year, renewable any number of times.
Level 2: Prelims MCQs
Q1. Consider the following statements about Article 249:
- The resolution must be passed by both Houses of Parliament by a special majority.
- A law made under it ceases to have effect six months after the resolution ceases to be in force.
- While the resolution is in force, the State legislature loses all power to legislate on that subject.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 2 only. Statement 1 is wrong: only the Rajya Sabha passes the resolution, by two-thirds of members present and voting. Statement 2 is correct. Statement 3 is wrong: the State legislature keeps its power, but in a conflict Parliament’s law prevails.
Q2. Which of the following subjects were transferred from the State List to the Concurrent List by the 42nd Amendment, 1976?
- Education
- Forests
- Police
- Weights and measures
- Agriculture
Select the correct answer using the code below:
- (a) 1, 2 and 3 only
- (b) 1, 2 and 4 only
- (c) 2, 4 and 5 only
- (d) 1, 3, 4 and 5 only
Answer and explanation
(b) 1, 2 and 4 only. The five subjects moved were education, forests, weights and measures, protection of wild animals and birds, and administration of justice. Police and agriculture remain in the State List.
Q3. Match List I (Article) with List II (Provision):
| List I | List II |
|---|---|
| A. Article 248 | 1. Parliament legislates at the request of two or more states |
| B. Article 252 | 2. Residuary powers of legislation |
| C. Article 253 | 3. Repugnancy between Central and State laws |
| D. Article 254 | 4. Legislation to give effect to international agreements |
- (a) A-2, B-1, C-4, D-3
- (b) A-2, B-4, C-1, D-3
- (c) A-3, B-1, C-4, D-2
- (d) A-1, B-2, C-3, D-4
Answer and explanation
(a) A-2, B-1, C-4, D-3. Art 248 vests residuary power in Parliament; Art 252 lets Parliament legislate for consenting states; Art 253 implements treaties; Art 254 settles repugnancy on Concurrent subjects.
Q4. A State law on a Concurrent List subject conflicts with an existing Central law. The State law was reserved for the President and received his assent. Which of the following is correct?
- (a) The Central law prevails throughout India, including that state
- (b) The State law prevails in that state, but Parliament may later override it
- (c) The State law prevails in that state and Parliament can never override it
- (d) Both laws are void until the Supreme Court decides
Answer and explanation
(b). Under Article 254(2), a reserved State law that receives the President’s assent prevails in that state. The proviso lets Parliament later make a law on the same matter that amends or repeals it.
Q5. Under which provision did the Government of Chhattisgarh file a suit in the Supreme Court in 2020 challenging the NIA Act, 2008 as an intrusion into the State List?
- (a) Article 32
- (b) Article 131
- (c) Article 143
- (d) Article 226
Answer and explanation
(b) Article 131. It gives the Supreme Court original jurisdiction in disputes between the Government of India and one or more states. The state argued that the Act intruded on “police”, Entry 2 of the State List. Art 32 is for Fundamental Rights; Art 143 is the President’s advisory reference; Art 226 is High Court writ jurisdiction.
Level 3: Mains Answer Writing
Q1. (60 words) Explain the circumstances in which Parliament can legislate on subjects in the State List.
Model answer outline
- Intro: The State List is exclusive only in normal times.
- Five situations: Art 249 (Rajya Sabha resolution, two-thirds present and voting, national interest); Art 250 (National Emergency); Art 252 (request of two or more states); Art 253 (international agreements); Art 356–357 (President’s Rule).
- Conclusion: These provisions give the Constitution its “flexible federation” character.
Q2. (150–200 words) “The distribution of legislative powers in the Indian Constitution is tilted in favour of the Centre.” Examine.
Model answer outline
- Intro: Arts 245–255 and the Seventh Schedule, modelled on the 1935 Act, divide power through three lists.
- Tilt towards the Centre: largest Union List; residuary power with Parliament (Art 248); Central law prevails on Concurrent subjects (Art 254); Parliament can enter the State field (Arts 249, 250, 252, 253, 356); 42nd Amendment moved five subjects to the Concurrent List; Governor’s reservation of Bills (Arts 200, 201).
- Counter-points: Art 249 needs the Rajya Sabha, the states’ house; Art 252 works only at states’ request; States keep key subjects such as police, land and agriculture; courts protect the state sphere (pith and substance; federalism as basic structure in Bommai, 1994); the 2025 Supreme Court rulings say Governors cannot delay Bills indefinitely.
- Chhattisgarh angle: The state’s 2020 Art 131 suit against the NIA Act shows states contesting the line between lists; the Fifth Schedule lets the Governor modify Central and State laws for Bastar and Surguja’s Scheduled Areas.
- Conclusion: A deliberate, unity-driven tilt, softened by safeguards. Consultation through the Inter-State Council, as Sarkaria and Punchhi urged, would make it more cooperative.
Quick Revision Table
| Fact | Detail |
|---|---|
| Legislative relations | Part XI, Chapter I, Arts 245–255 |
| Art 245 | Territorial extent; Parliament’s laws can be extra-territorial |
| Art 246 | Three lists, Seventh Schedule |
| Original entries | Union 97, State 66, Concurrent 47 |
| Concurrent List now | 52 entries |
| Art 246A | GST: simultaneous power (101st Amendment, 2016); IGST by Parliament only |
| Art 248 | Residuary power with Parliament (Entry 97, List I); Canadian model |
| 42nd Amendment (1976) | Education, forests, weights and measures, wild animals and birds, administration of justice → Concurrent |
| Art 249 | Rajya Sabha, two-thirds present and voting; 1 year, renewable; law lapses 6 months after |
| Art 250 | National Emergency; law lapses 6 months after Emergency |
| Art 252 | Two or more states request; only Parliament can amend |
| Art 253 | Treaties and international agreements |
| Art 254 | Repugnancy; 254(2) President’s assent saves State law in that state |
| Art 200 / 201 | Governor’s and President’s options on State Bills |
| Art 304(b) | President’s previous sanction for trade-restricting State Bills |
| Pith and substance | F.N. Balsara (1951) |
| Assent timelines | TN v. Governor (8 Apr 2025); Presidential Reference opinion (20 Nov 2025): no court-fixed timelines, no deemed assent |
| Chhattisgarh | Created by Parliament (MP Reorganisation Act, 2000); Art 131 suit against NIA Act (Jan 2020) |
Key Takeaways
Key Takeaways
- Power is divided territorially (Art 245) and by subject (Art 246, three lists). The Union List prevails, then the Concurrent List.
- Residuary power is with Parliament (Art 248), as in Canada.
- Parliament can enter the State field in five situations: Arts 249, 250, 252, 253 and 356.
- On Concurrent subjects the Central law prevails (Art 254), unless a reserved State law gets the President’s assent.
- Governors and the President control State Bills through Arts 200 and 201. In 2025 the Supreme Court said they cannot delay indefinitely but courts cannot fix timelines.
What’s Next
- Administrative Relations — how the Centre directs and cooperates with states in executing laws
- Financial Relations — the tax side of the Seventh Schedule
- Commissions on Centre-State Relations — Sarkaria and Punchhi on the Concurrent List and Governors
- Judiciary — Article 131 and the Supreme Court as the umpire of federalism
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