Notes: Centre-State Relations- 1 | Political Science & International Relations: Mains Optional - UPSC PDF Download

 Page 1


 
M.P. Singh explores the Centre
 
1. Dual Polity and loca
government as the Union of
one of the latter havin
categories—Part A, Part B, a
antecedents. But with the
of India was divided into States 
along with their territori
number changes with the 
there are twenty-nine St
Article 370, all parts of the
 
However, in view of the 
makes special provision
approach may be termed 
regards the Union Territor
the direct administration 
special provisions for s
separately for the Scheduled a
of Indian Constitution. 
 
A third level of governm
introduced into the Con
fourth Amendments. Th
Principles of State Polic
Entry 5 of List II of Schedule
had hoped to strengthen lo
government bodies remain with
of powers and functions. 
 
2. Distribution of Powers
legislative, executive, judicia
powers are shared between 
 
Centre-state relations: 
 
explores the Centre-state relations on the following tangents
al government- The Constitution design
on of India and the regional governments 
ng a name. Initially they were divide
art B, and Part C States—according to the
e reorganisation of the States in 1956 the e
o States and the Union Territories. They
ial dimensions in Schedule I of the Con
he reorganisation of States from time to t
tates and seven Union Territories. With 
the Constitution are applicable to all states and U
 special features of some of the States, th
ns for them not applicable to other States.
d as asymmetric federalism (Refer to lecture 11.2)
n Territories, though all of them are expected to
ion of the Union of India, the Constitution a
some of them. Special arrangements a
uled and Tribal Areas as per the V
th
 and V
ments at the village and municipal levels h
onstitution by way of the Seventy-third 
his level was already envisaged in one of 
cy, and was within the jurisdiction of th
hedule VII to the Constitution. While thes
gthen local government in India, strictly s
main within the competence of the States 
s.  
s- The totality of the powers of the State is d
udicial, and financial. In a federal con
between the central and the regional governments 
tangents: - 
nates the Union 
 as States, each 
ded into three 
g to their historical 
he entire territory 
y are all named 
nstitution. Their 
e to time. Presently, 
ith the removal of 
es and UTs. 
he Constitution 
r States. Such an 
(Refer to lecture 11.2). As 
d to be subject to 
titution also makes 
are also made 
d VI
th
 schedules 
s has also been 
ird and Seventy-
of the Directive 
he States under 
se Amendments 
speaking, local 
s for devolution 
te is divided into 
nstitution, such 
ents - 
Page 2


 
M.P. Singh explores the Centre
 
1. Dual Polity and loca
government as the Union of
one of the latter havin
categories—Part A, Part B, a
antecedents. But with the
of India was divided into States 
along with their territori
number changes with the 
there are twenty-nine St
Article 370, all parts of the
 
However, in view of the 
makes special provision
approach may be termed 
regards the Union Territor
the direct administration 
special provisions for s
separately for the Scheduled a
of Indian Constitution. 
 
A third level of governm
introduced into the Con
fourth Amendments. Th
Principles of State Polic
Entry 5 of List II of Schedule
had hoped to strengthen lo
government bodies remain with
of powers and functions. 
 
2. Distribution of Powers
legislative, executive, judicia
powers are shared between 
 
Centre-state relations: 
 
explores the Centre-state relations on the following tangents
al government- The Constitution design
on of India and the regional governments 
ng a name. Initially they were divide
art B, and Part C States—according to the
e reorganisation of the States in 1956 the e
o States and the Union Territories. They
ial dimensions in Schedule I of the Con
he reorganisation of States from time to t
tates and seven Union Territories. With 
the Constitution are applicable to all states and U
 special features of some of the States, th
ns for them not applicable to other States.
d as asymmetric federalism (Refer to lecture 11.2)
n Territories, though all of them are expected to
ion of the Union of India, the Constitution a
some of them. Special arrangements a
uled and Tribal Areas as per the V
th
 and V
ments at the village and municipal levels h
onstitution by way of the Seventy-third 
his level was already envisaged in one of 
cy, and was within the jurisdiction of th
hedule VII to the Constitution. While thes
gthen local government in India, strictly s
main within the competence of the States 
s.  
s- The totality of the powers of the State is d
udicial, and financial. In a federal con
between the central and the regional governments 
tangents: - 
nates the Union 
 as States, each 
ded into three 
g to their historical 
he entire territory 
y are all named 
nstitution. Their 
e to time. Presently, 
ith the removal of 
es and UTs. 
he Constitution 
r States. Such an 
(Refer to lecture 11.2). As 
d to be subject to 
titution also makes 
are also made 
d VI
th
 schedules 
s has also been 
ird and Seventy-
of the Directive 
he States under 
se Amendments 
speaking, local 
s for devolution 
te is divided into 
nstitution, such 
ents - 
 
 
a) Legislative power
given in Chapter 1 of
Schedule provide for
found in other provisi
prescribes the territ
State legislatures: the
part of it, while the la
part of it. Parliament ha
any territory not inclu
 
The legislative subjec
I—Union List; List I
entry is, however, inc
varies in each list bec
lays down the law for 
Parliament has the ex
List I, overriding the
subject included in L
read in List I as wel
included only in List I 
 
Secondly, if a subject
make law on that sub
the State legislatures h
List II, subject to th
included in List I or List
 
In case of a conflict between the Central law and the state law on a subject
enumerated in the Concurrent List, the central law prevails over the state 
law. But, there is an exception. If the state law has been reserved for the
consideration of the P
law prevails in that state.
Parliament to override such a law by subsequently making a law on the 
same matter. 
 
Parliamentary legislat
When Rajya Sabha p
 
rs- The distribution of legislative powers
1 of Part XI of the Constitution. The three lis
r the spheres of power. Exceptionally, it 
ions. The first provision of this Part—
torial jurisdiction of the Union Parlia
: the former can make laws for the whole o
latter can make laws for the territory of th
has the exclusive power to make law on any
uded in the territory of any State. 
cts are quite exhaustively enumerated in t
II—State List; and List III—Concurrent Lis
cluded in List III. The total existing nu
cause of amendments. Article 246 of the Const
for the exercise of power over these sub
xclusive power to make laws on any subje
e powers of the State legislatures to make
in List II or List III—that is, if a subject ca
ll as in any of the other two lists it is 
st I and not in any of the other two lists.  
ct is included in List III, Parliament has
bject without regard to its inclusion in L
have the power to make law on any subje
he condition that that subject or any part 
List III. 
In case of a conflict between the Central law and the state law on a subject
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the
President and has received his assent, then the state 
prevails in that state. But, it would still be competent for the 
override such a law by subsequently making a law on the 
tion in state field is also permitted in cert
passes resolution, Parliament can make l
powers is primarily 
ists in the VIIth 
, it may also be 
—Article 245—
ament and the 
of India or any 
hat State or any 
on any subject for 
three lists: List 
nt List. No tax 
umber of items 
e Constitution 
bjects. Briefly, 
ect included in 
ke law on any 
an possibly be 
 deemed to be 
s the power to 
List II. Thirdly, 
ect included in 
part of it is not 
In case of a conflict between the Central law and the state law on a subject 
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the 
resident and has received his assent, then the state 
it would still be competent for the 
override such a law by subsequently making a law on the 
tain domains. 
legislation on 
Page 3


 
M.P. Singh explores the Centre
 
1. Dual Polity and loca
government as the Union of
one of the latter havin
categories—Part A, Part B, a
antecedents. But with the
of India was divided into States 
along with their territori
number changes with the 
there are twenty-nine St
Article 370, all parts of the
 
However, in view of the 
makes special provision
approach may be termed 
regards the Union Territor
the direct administration 
special provisions for s
separately for the Scheduled a
of Indian Constitution. 
 
A third level of governm
introduced into the Con
fourth Amendments. Th
Principles of State Polic
Entry 5 of List II of Schedule
had hoped to strengthen lo
government bodies remain with
of powers and functions. 
 
2. Distribution of Powers
legislative, executive, judicia
powers are shared between 
 
Centre-state relations: 
 
explores the Centre-state relations on the following tangents
al government- The Constitution design
on of India and the regional governments 
ng a name. Initially they were divide
art B, and Part C States—according to the
e reorganisation of the States in 1956 the e
o States and the Union Territories. They
ial dimensions in Schedule I of the Con
he reorganisation of States from time to t
tates and seven Union Territories. With 
the Constitution are applicable to all states and U
 special features of some of the States, th
ns for them not applicable to other States.
d as asymmetric federalism (Refer to lecture 11.2)
n Territories, though all of them are expected to
ion of the Union of India, the Constitution a
some of them. Special arrangements a
uled and Tribal Areas as per the V
th
 and V
ments at the village and municipal levels h
onstitution by way of the Seventy-third 
his level was already envisaged in one of 
cy, and was within the jurisdiction of th
hedule VII to the Constitution. While thes
gthen local government in India, strictly s
main within the competence of the States 
s.  
s- The totality of the powers of the State is d
udicial, and financial. In a federal con
between the central and the regional governments 
tangents: - 
nates the Union 
 as States, each 
ded into three 
g to their historical 
he entire territory 
y are all named 
nstitution. Their 
e to time. Presently, 
ith the removal of 
es and UTs. 
he Constitution 
r States. Such an 
(Refer to lecture 11.2). As 
d to be subject to 
titution also makes 
are also made 
d VI
th
 schedules 
s has also been 
ird and Seventy-
of the Directive 
he States under 
se Amendments 
speaking, local 
s for devolution 
te is divided into 
nstitution, such 
ents - 
 
 
a) Legislative power
given in Chapter 1 of
Schedule provide for
found in other provisi
prescribes the territ
State legislatures: the
part of it, while the la
part of it. Parliament ha
any territory not inclu
 
The legislative subjec
I—Union List; List I
entry is, however, inc
varies in each list bec
lays down the law for 
Parliament has the ex
List I, overriding the
subject included in L
read in List I as wel
included only in List I 
 
Secondly, if a subject
make law on that sub
the State legislatures h
List II, subject to th
included in List I or List
 
In case of a conflict between the Central law and the state law on a subject
enumerated in the Concurrent List, the central law prevails over the state 
law. But, there is an exception. If the state law has been reserved for the
consideration of the P
law prevails in that state.
Parliament to override such a law by subsequently making a law on the 
same matter. 
 
Parliamentary legislat
When Rajya Sabha p
 
rs- The distribution of legislative powers
1 of Part XI of the Constitution. The three lis
r the spheres of power. Exceptionally, it 
ions. The first provision of this Part—
torial jurisdiction of the Union Parlia
: the former can make laws for the whole o
latter can make laws for the territory of th
has the exclusive power to make law on any
uded in the territory of any State. 
cts are quite exhaustively enumerated in t
II—State List; and List III—Concurrent Lis
cluded in List III. The total existing nu
cause of amendments. Article 246 of the Const
for the exercise of power over these sub
xclusive power to make laws on any subje
e powers of the State legislatures to make
in List II or List III—that is, if a subject ca
ll as in any of the other two lists it is 
st I and not in any of the other two lists.  
ct is included in List III, Parliament has
bject without regard to its inclusion in L
have the power to make law on any subje
he condition that that subject or any part 
List III. 
In case of a conflict between the Central law and the state law on a subject
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the
President and has received his assent, then the state 
prevails in that state. But, it would still be competent for the 
override such a law by subsequently making a law on the 
tion in state field is also permitted in cert
passes resolution, Parliament can make l
powers is primarily 
ists in the VIIth 
, it may also be 
—Article 245—
ament and the 
of India or any 
hat State or any 
on any subject for 
three lists: List 
nt List. No tax 
umber of items 
e Constitution 
bjects. Briefly, 
ect included in 
ke law on any 
an possibly be 
 deemed to be 
s the power to 
List II. Thirdly, 
ect included in 
part of it is not 
In case of a conflict between the Central law and the state law on a subject 
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the 
resident and has received his assent, then the state 
it would still be competent for the 
override such a law by subsequently making a law on the 
tain domains. 
legislation on 
 
any state subject prov
special majority. It r
well. The laws cease t
resolution has ceased
Article 352, as well the P
respect to matters 
expiration of 6 months 
 
Further, when the as
central government to 
only and such a law c
important to note that the 
to the states and a single state cannot request the Parliament
law on a state subject.
international agreem
that intrude on the sta
 
With respect to distribution of legislative competence, two doctrines are of 
great consequence: 
 
Doctrine of Pith and Substance
there is a conflict between the differe
basic purpose of this doctrine is to determine under 
power or field i.e. under which list (given in the Seventh Schedule) a 
given piece of legislation fa
 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
‘the most important or essential part of something’.
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
another), the court looks to the 
substance falls within Union List, then the 
the law on the State 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
Jurisprudence. 
 
 
vided a resolution is passed by the Raj
It remains enforced for a year and can be 
to have effect after the expiration if 6 mo
ed to be in force. During National emerg
ll the Parliament acquires power to le
 in the state list. The laws become inop
nths after the emergency ceases to operate.  
ssemblies of 2 or more states make a
nt to enact a law on state list, it applies to
can only be amended by the Parliament. However, it is 
important to note that the Centre cannot delegate its legislative pow
states and a single state cannot request the Parliament
state subject. Other states can adopt it as well. To a
ments or treaties as well, the Union can 
ate list.  
With respect to distribution of legislative competence, two doctrines are of 
Doctrine of Pith and Substance- This doctrine comes into pictur
there is a conflict between the different subjects in different lists.
basic purpose of this doctrine is to determine under which head of 
power or field i.e. under which list (given in the Seventh Schedule) a 
given piece of legislation falls. 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
‘the most important or essential part of something’. Doctrine of Pith and 
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
another), the court looks to the substance of the matter. Thus, if the 
ance falls within Union List, then the incidental encroachment by 
the law on the State List does not make it invalid. This is essentially a 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
jya sabha by 
be renewed as 
onths after the 
gency under 
legislate with 
noperative on 
 
a request to 
o those states 
However, it is 
Centre cannot delegate its legislative powers 
states and a single state cannot request the Parliament to make a 
apply certain 
an make laws 
With respect to distribution of legislative competence, two doctrines are of 
This doctrine comes into picture when 
nt subjects in different lists. The 
which head of 
power or field i.e. under which list (given in the Seventh Schedule) a 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
Doctrine of Pith and 
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
. Thus, if the 
incidental encroachment by 
This is essentially a 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
Page 4


 
M.P. Singh explores the Centre
 
1. Dual Polity and loca
government as the Union of
one of the latter havin
categories—Part A, Part B, a
antecedents. But with the
of India was divided into States 
along with their territori
number changes with the 
there are twenty-nine St
Article 370, all parts of the
 
However, in view of the 
makes special provision
approach may be termed 
regards the Union Territor
the direct administration 
special provisions for s
separately for the Scheduled a
of Indian Constitution. 
 
A third level of governm
introduced into the Con
fourth Amendments. Th
Principles of State Polic
Entry 5 of List II of Schedule
had hoped to strengthen lo
government bodies remain with
of powers and functions. 
 
2. Distribution of Powers
legislative, executive, judicia
powers are shared between 
 
Centre-state relations: 
 
explores the Centre-state relations on the following tangents
al government- The Constitution design
on of India and the regional governments 
ng a name. Initially they were divide
art B, and Part C States—according to the
e reorganisation of the States in 1956 the e
o States and the Union Territories. They
ial dimensions in Schedule I of the Con
he reorganisation of States from time to t
tates and seven Union Territories. With 
the Constitution are applicable to all states and U
 special features of some of the States, th
ns for them not applicable to other States.
d as asymmetric federalism (Refer to lecture 11.2)
n Territories, though all of them are expected to
ion of the Union of India, the Constitution a
some of them. Special arrangements a
uled and Tribal Areas as per the V
th
 and V
ments at the village and municipal levels h
onstitution by way of the Seventy-third 
his level was already envisaged in one of 
cy, and was within the jurisdiction of th
hedule VII to the Constitution. While thes
gthen local government in India, strictly s
main within the competence of the States 
s.  
s- The totality of the powers of the State is d
udicial, and financial. In a federal con
between the central and the regional governments 
tangents: - 
nates the Union 
 as States, each 
ded into three 
g to their historical 
he entire territory 
y are all named 
nstitution. Their 
e to time. Presently, 
ith the removal of 
es and UTs. 
he Constitution 
r States. Such an 
(Refer to lecture 11.2). As 
d to be subject to 
titution also makes 
are also made 
d VI
th
 schedules 
s has also been 
ird and Seventy-
of the Directive 
he States under 
se Amendments 
speaking, local 
s for devolution 
te is divided into 
nstitution, such 
ents - 
 
 
a) Legislative power
given in Chapter 1 of
Schedule provide for
found in other provisi
prescribes the territ
State legislatures: the
part of it, while the la
part of it. Parliament ha
any territory not inclu
 
The legislative subjec
I—Union List; List I
entry is, however, inc
varies in each list bec
lays down the law for 
Parliament has the ex
List I, overriding the
subject included in L
read in List I as wel
included only in List I 
 
Secondly, if a subject
make law on that sub
the State legislatures h
List II, subject to th
included in List I or List
 
In case of a conflict between the Central law and the state law on a subject
enumerated in the Concurrent List, the central law prevails over the state 
law. But, there is an exception. If the state law has been reserved for the
consideration of the P
law prevails in that state.
Parliament to override such a law by subsequently making a law on the 
same matter. 
 
Parliamentary legislat
When Rajya Sabha p
 
rs- The distribution of legislative powers
1 of Part XI of the Constitution. The three lis
r the spheres of power. Exceptionally, it 
ions. The first provision of this Part—
torial jurisdiction of the Union Parlia
: the former can make laws for the whole o
latter can make laws for the territory of th
has the exclusive power to make law on any
uded in the territory of any State. 
cts are quite exhaustively enumerated in t
II—State List; and List III—Concurrent Lis
cluded in List III. The total existing nu
cause of amendments. Article 246 of the Const
for the exercise of power over these sub
xclusive power to make laws on any subje
e powers of the State legislatures to make
in List II or List III—that is, if a subject ca
ll as in any of the other two lists it is 
st I and not in any of the other two lists.  
ct is included in List III, Parliament has
bject without regard to its inclusion in L
have the power to make law on any subje
he condition that that subject or any part 
List III. 
In case of a conflict between the Central law and the state law on a subject
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the
President and has received his assent, then the state 
prevails in that state. But, it would still be competent for the 
override such a law by subsequently making a law on the 
tion in state field is also permitted in cert
passes resolution, Parliament can make l
powers is primarily 
ists in the VIIth 
, it may also be 
—Article 245—
ament and the 
of India or any 
hat State or any 
on any subject for 
three lists: List 
nt List. No tax 
umber of items 
e Constitution 
bjects. Briefly, 
ect included in 
ke law on any 
an possibly be 
 deemed to be 
s the power to 
List II. Thirdly, 
ect included in 
part of it is not 
In case of a conflict between the Central law and the state law on a subject 
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the 
resident and has received his assent, then the state 
it would still be competent for the 
override such a law by subsequently making a law on the 
tain domains. 
legislation on 
 
any state subject prov
special majority. It r
well. The laws cease t
resolution has ceased
Article 352, as well the P
respect to matters 
expiration of 6 months 
 
Further, when the as
central government to 
only and such a law c
important to note that the 
to the states and a single state cannot request the Parliament
law on a state subject.
international agreem
that intrude on the sta
 
With respect to distribution of legislative competence, two doctrines are of 
great consequence: 
 
Doctrine of Pith and Substance
there is a conflict between the differe
basic purpose of this doctrine is to determine under 
power or field i.e. under which list (given in the Seventh Schedule) a 
given piece of legislation fa
 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
‘the most important or essential part of something’.
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
another), the court looks to the 
substance falls within Union List, then the 
the law on the State 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
Jurisprudence. 
 
 
vided a resolution is passed by the Raj
It remains enforced for a year and can be 
to have effect after the expiration if 6 mo
ed to be in force. During National emerg
ll the Parliament acquires power to le
 in the state list. The laws become inop
nths after the emergency ceases to operate.  
ssemblies of 2 or more states make a
nt to enact a law on state list, it applies to
can only be amended by the Parliament. However, it is 
important to note that the Centre cannot delegate its legislative pow
states and a single state cannot request the Parliament
state subject. Other states can adopt it as well. To a
ments or treaties as well, the Union can 
ate list.  
With respect to distribution of legislative competence, two doctrines are of 
Doctrine of Pith and Substance- This doctrine comes into pictur
there is a conflict between the different subjects in different lists.
basic purpose of this doctrine is to determine under which head of 
power or field i.e. under which list (given in the Seventh Schedule) a 
given piece of legislation falls. 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
‘the most important or essential part of something’. Doctrine of Pith and 
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
another), the court looks to the substance of the matter. Thus, if the 
ance falls within Union List, then the incidental encroachment by 
the law on the State List does not make it invalid. This is essentially a 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
jya sabha by 
be renewed as 
onths after the 
gency under 
legislate with 
noperative on 
 
a request to 
o those states 
However, it is 
Centre cannot delegate its legislative powers 
states and a single state cannot request the Parliament to make a 
apply certain 
an make laws 
With respect to distribution of legislative competence, two doctrines are of 
This doctrine comes into picture when 
nt subjects in different lists. The 
which head of 
power or field i.e. under which list (given in the Seventh Schedule) a 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
Doctrine of Pith and 
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
. Thus, if the 
incidental encroachment by 
This is essentially a 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
 
Doctrine of Incidental or Ancillary Encroachment
Prafulla Kumar Mukh
explained the situation in which a State Legislature dealing with any 
matter may incidentally affect any Item in the Union List. The court held 
that whatever may be 
enacted by a State
Appropriate List according to its true nature and character.
 
Thus, we see that if the 
incidental in nature, it will not affect the Competence of the State 
Legislature to enact the law in question
enactment falls within the Union List then t
by the enactment on the State List would not make it invalid
 
b) Executive division of powers
power is divided betw
legislative powers. Ac
to all those matters on w
well as to matters on w
treaty or agreement.  
 
The Constitution has placed 
the states in order to give ample scope to the Centre for exercising its 
executive power in an unrestricted m
every state is to be exercised in such a way
(a) as to ensure compliance with the laws made
existing law which apply in the state; and 
(b) as not to impede or prejudice the exercise of executive
Centre in the state. 
 
The sanction behind these directions of the Centre is coercive in 
nature. Thus, Article 365
with (or to give effect to) any
lawful for the President to hold that
government of the state cannot 
provisions of the Constitution.
 
Incidental or Ancillary Encroachment- The case of 
Mukherjee v. The Bank of Commerce
explained the situation in which a State Legislature dealing with any 
matter may incidentally affect any Item in the Union List. The court held 
that whatever may be the ancillary or incidental effects of a 
enacted by a State Legislature, such a matter must be attributed to the 
Appropriate List according to its true nature and character. 
Thus, we see that if the encroachment by the State Legislature is only 
incidental in nature, it will not affect the Competence of the State 
Legislature to enact the law in question. Also, if the substance of the 
enactment falls within the Union List then the incidental encroachment 
by the enactment on the State List would not make it invalid
vision of powers- With some exceptions, the
tween the Union and the States on the sam
Accordingly, the executive power of the Un
on which Parliament has the power to m
on which it may exercise such power by v
 
The Constitution has placed two restrictions on the executive power
states in order to give ample scope to the Centre for exercising its 
power in an unrestricted manner. Thus, the executive power of 
to be exercised in such a way- 
(a) as to ensure compliance with the laws made by the Parliament and any 
existing law which apply in the state; and  
not to impede or prejudice the exercise of executive power of the 
behind these directions of the Centre is coercive in 
Thus, Article 365 says that where any state has failed to comply 
with (or to give effect to) any directions given by the Centre, it will be 
lawful for the President to hold that a situation has arisen in which the
government of the state cannot be carried on in accordance 
provisions of the Constitution.  
The case of 
Commerce succinctly 
explained the situation in which a State Legislature dealing with any 
matter may incidentally affect any Item in the Union List. The court held 
the ancillary or incidental effects of a Statute 
Legislature, such a matter must be attributed to the 
encroachment by the State Legislature is only 
incidental in nature, it will not affect the Competence of the State 
. Also, if the substance of the 
he incidental encroachment 
by the enactment on the State List would not make it invalid. 
the executive 
me lines as the 
Union extends 
make laws, as 
virtue of any 
two restrictions on the executive power of 
states in order to give ample scope to the Centre for exercising its 
anner. Thus, the executive power of 
by the Parliament and any 
power of the 
behind these directions of the Centre is coercive in 
says that where any state has failed to comply 
directions given by the Centre, it will be 
a situation has arisen in which the 
on in accordance with the 
Page 5


 
M.P. Singh explores the Centre
 
1. Dual Polity and loca
government as the Union of
one of the latter havin
categories—Part A, Part B, a
antecedents. But with the
of India was divided into States 
along with their territori
number changes with the 
there are twenty-nine St
Article 370, all parts of the
 
However, in view of the 
makes special provision
approach may be termed 
regards the Union Territor
the direct administration 
special provisions for s
separately for the Scheduled a
of Indian Constitution. 
 
A third level of governm
introduced into the Con
fourth Amendments. Th
Principles of State Polic
Entry 5 of List II of Schedule
had hoped to strengthen lo
government bodies remain with
of powers and functions. 
 
2. Distribution of Powers
legislative, executive, judicia
powers are shared between 
 
Centre-state relations: 
 
explores the Centre-state relations on the following tangents
al government- The Constitution design
on of India and the regional governments 
ng a name. Initially they were divide
art B, and Part C States—according to the
e reorganisation of the States in 1956 the e
o States and the Union Territories. They
ial dimensions in Schedule I of the Con
he reorganisation of States from time to t
tates and seven Union Territories. With 
the Constitution are applicable to all states and U
 special features of some of the States, th
ns for them not applicable to other States.
d as asymmetric federalism (Refer to lecture 11.2)
n Territories, though all of them are expected to
ion of the Union of India, the Constitution a
some of them. Special arrangements a
uled and Tribal Areas as per the V
th
 and V
ments at the village and municipal levels h
onstitution by way of the Seventy-third 
his level was already envisaged in one of 
cy, and was within the jurisdiction of th
hedule VII to the Constitution. While thes
gthen local government in India, strictly s
main within the competence of the States 
s.  
s- The totality of the powers of the State is d
udicial, and financial. In a federal con
between the central and the regional governments 
tangents: - 
nates the Union 
 as States, each 
ded into three 
g to their historical 
he entire territory 
y are all named 
nstitution. Their 
e to time. Presently, 
ith the removal of 
es and UTs. 
he Constitution 
r States. Such an 
(Refer to lecture 11.2). As 
d to be subject to 
titution also makes 
are also made 
d VI
th
 schedules 
s has also been 
ird and Seventy-
of the Directive 
he States under 
se Amendments 
speaking, local 
s for devolution 
te is divided into 
nstitution, such 
ents - 
 
 
a) Legislative power
given in Chapter 1 of
Schedule provide for
found in other provisi
prescribes the territ
State legislatures: the
part of it, while the la
part of it. Parliament ha
any territory not inclu
 
The legislative subjec
I—Union List; List I
entry is, however, inc
varies in each list bec
lays down the law for 
Parliament has the ex
List I, overriding the
subject included in L
read in List I as wel
included only in List I 
 
Secondly, if a subject
make law on that sub
the State legislatures h
List II, subject to th
included in List I or List
 
In case of a conflict between the Central law and the state law on a subject
enumerated in the Concurrent List, the central law prevails over the state 
law. But, there is an exception. If the state law has been reserved for the
consideration of the P
law prevails in that state.
Parliament to override such a law by subsequently making a law on the 
same matter. 
 
Parliamentary legislat
When Rajya Sabha p
 
rs- The distribution of legislative powers
1 of Part XI of the Constitution. The three lis
r the spheres of power. Exceptionally, it 
ions. The first provision of this Part—
torial jurisdiction of the Union Parlia
: the former can make laws for the whole o
latter can make laws for the territory of th
has the exclusive power to make law on any
uded in the territory of any State. 
cts are quite exhaustively enumerated in t
II—State List; and List III—Concurrent Lis
cluded in List III. The total existing nu
cause of amendments. Article 246 of the Const
for the exercise of power over these sub
xclusive power to make laws on any subje
e powers of the State legislatures to make
in List II or List III—that is, if a subject ca
ll as in any of the other two lists it is 
st I and not in any of the other two lists.  
ct is included in List III, Parliament has
bject without regard to its inclusion in L
have the power to make law on any subje
he condition that that subject or any part 
List III. 
In case of a conflict between the Central law and the state law on a subject
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the
President and has received his assent, then the state 
prevails in that state. But, it would still be competent for the 
override such a law by subsequently making a law on the 
tion in state field is also permitted in cert
passes resolution, Parliament can make l
powers is primarily 
ists in the VIIth 
, it may also be 
—Article 245—
ament and the 
of India or any 
hat State or any 
on any subject for 
three lists: List 
nt List. No tax 
umber of items 
e Constitution 
bjects. Briefly, 
ect included in 
ke law on any 
an possibly be 
 deemed to be 
s the power to 
List II. Thirdly, 
ect included in 
part of it is not 
In case of a conflict between the Central law and the state law on a subject 
merated in the Concurrent List, the central law prevails over the state 
But, there is an exception. If the state law has been reserved for the 
resident and has received his assent, then the state 
it would still be competent for the 
override such a law by subsequently making a law on the 
tain domains. 
legislation on 
 
any state subject prov
special majority. It r
well. The laws cease t
resolution has ceased
Article 352, as well the P
respect to matters 
expiration of 6 months 
 
Further, when the as
central government to 
only and such a law c
important to note that the 
to the states and a single state cannot request the Parliament
law on a state subject.
international agreem
that intrude on the sta
 
With respect to distribution of legislative competence, two doctrines are of 
great consequence: 
 
Doctrine of Pith and Substance
there is a conflict between the differe
basic purpose of this doctrine is to determine under 
power or field i.e. under which list (given in the Seventh Schedule) a 
given piece of legislation fa
 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
‘the most important or essential part of something’.
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
another), the court looks to the 
substance falls within Union List, then the 
the law on the State 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
Jurisprudence. 
 
 
vided a resolution is passed by the Raj
It remains enforced for a year and can be 
to have effect after the expiration if 6 mo
ed to be in force. During National emerg
ll the Parliament acquires power to le
 in the state list. The laws become inop
nths after the emergency ceases to operate.  
ssemblies of 2 or more states make a
nt to enact a law on state list, it applies to
can only be amended by the Parliament. However, it is 
important to note that the Centre cannot delegate its legislative pow
states and a single state cannot request the Parliament
state subject. Other states can adopt it as well. To a
ments or treaties as well, the Union can 
ate list.  
With respect to distribution of legislative competence, two doctrines are of 
Doctrine of Pith and Substance- This doctrine comes into pictur
there is a conflict between the different subjects in different lists.
basic purpose of this doctrine is to determine under which head of 
power or field i.e. under which list (given in the Seventh Schedule) a 
given piece of legislation falls. 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
‘the most important or essential part of something’. Doctrine of Pith and 
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
another), the court looks to the substance of the matter. Thus, if the 
ance falls within Union List, then the incidental encroachment by 
the law on the State List does not make it invalid. This is essentially a 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
jya sabha by 
be renewed as 
onths after the 
gency under 
legislate with 
noperative on 
 
a request to 
o those states 
However, it is 
Centre cannot delegate its legislative powers 
states and a single state cannot request the Parliament to make a 
apply certain 
an make laws 
With respect to distribution of legislative competence, two doctrines are of 
This doctrine comes into picture when 
nt subjects in different lists. The 
which head of 
power or field i.e. under which list (given in the Seventh Schedule) a 
Pith means ‘true nature’ or ‘essence of something’ and Substance means 
Doctrine of Pith and 
Substance says that where the question arises of determining whether a 
particular law relates to a particular subject (mentioned in one List or 
. Thus, if the 
incidental encroachment by 
This is essentially a 
Canadian Doctrine now firmly entrenched in the Indian Constitutional 
 
Doctrine of Incidental or Ancillary Encroachment
Prafulla Kumar Mukh
explained the situation in which a State Legislature dealing with any 
matter may incidentally affect any Item in the Union List. The court held 
that whatever may be 
enacted by a State
Appropriate List according to its true nature and character.
 
Thus, we see that if the 
incidental in nature, it will not affect the Competence of the State 
Legislature to enact the law in question
enactment falls within the Union List then t
by the enactment on the State List would not make it invalid
 
b) Executive division of powers
power is divided betw
legislative powers. Ac
to all those matters on w
well as to matters on w
treaty or agreement.  
 
The Constitution has placed 
the states in order to give ample scope to the Centre for exercising its 
executive power in an unrestricted m
every state is to be exercised in such a way
(a) as to ensure compliance with the laws made
existing law which apply in the state; and 
(b) as not to impede or prejudice the exercise of executive
Centre in the state. 
 
The sanction behind these directions of the Centre is coercive in 
nature. Thus, Article 365
with (or to give effect to) any
lawful for the President to hold that
government of the state cannot 
provisions of the Constitution.
 
Incidental or Ancillary Encroachment- The case of 
Mukherjee v. The Bank of Commerce
explained the situation in which a State Legislature dealing with any 
matter may incidentally affect any Item in the Union List. The court held 
that whatever may be the ancillary or incidental effects of a 
enacted by a State Legislature, such a matter must be attributed to the 
Appropriate List according to its true nature and character. 
Thus, we see that if the encroachment by the State Legislature is only 
incidental in nature, it will not affect the Competence of the State 
Legislature to enact the law in question. Also, if the substance of the 
enactment falls within the Union List then the incidental encroachment 
by the enactment on the State List would not make it invalid
vision of powers- With some exceptions, the
tween the Union and the States on the sam
Accordingly, the executive power of the Un
on which Parliament has the power to m
on which it may exercise such power by v
 
The Constitution has placed two restrictions on the executive power
states in order to give ample scope to the Centre for exercising its 
power in an unrestricted manner. Thus, the executive power of 
to be exercised in such a way- 
(a) as to ensure compliance with the laws made by the Parliament and any 
existing law which apply in the state; and  
not to impede or prejudice the exercise of executive power of the 
behind these directions of the Centre is coercive in 
Thus, Article 365 says that where any state has failed to comply 
with (or to give effect to) any directions given by the Centre, it will be 
lawful for the President to hold that a situation has arisen in which the
government of the state cannot be carried on in accordance 
provisions of the Constitution.  
The case of 
Commerce succinctly 
explained the situation in which a State Legislature dealing with any 
matter may incidentally affect any Item in the Union List. The court held 
the ancillary or incidental effects of a Statute 
Legislature, such a matter must be attributed to the 
encroachment by the State Legislature is only 
incidental in nature, it will not affect the Competence of the State 
. Also, if the substance of the 
he incidental encroachment 
by the enactment on the State List would not make it invalid. 
the executive 
me lines as the 
Union extends 
make laws, as 
virtue of any 
two restrictions on the executive power of 
states in order to give ample scope to the Centre for exercising its 
anner. Thus, the executive power of 
by the Parliament and any 
power of the 
behind these directions of the Centre is coercive in 
says that where any state has failed to comply 
directions given by the Centre, it will be 
a situation has arisen in which the 
on in accordance with the 
 
In addition to the above two
directions to the states
power in the following matters:
(i)the construction and maintenance of mean
to be of national or military importance) by the state;
(ii)the measures to be taken for the protection of
state; 
(iii) the provision of adequate facilities for instruction in the mother
tongue at the primary stage of education to children belonging to linguistic 
minority groups in the state; and
(iv) the drawing up and execution of the
of the Scheduled Tribes in the state.
 
The Constitution provides for inter
functions in order to mitigate rigidity and avoid a situation of deadlock.
Accordingly, the Pre
government, entrust to that government any of the executive functions 
of the Centre. Conversely, the governor of a state may, with the consent 
of the Central government, entrust to that government any of the executive 
functions of the state. 
 
This mutual delegation of administrative functions may be conditional
unconditional. The Constitution also makes a provision for the entrustment 
of the executive functi
that state. But, in this case, the delegation is by the Parliament
by the President. 
 
As per Article 200,
Presidential assent. Pr
can be introduced in 
the President e.g. in T
 
Impact of Emergency 
provides for various provisions for em
unitary tilt of the Indian system, thereby bringing about a ch
federal relations: 
 
In addition to the above two cases the Centre is empowered to give 
directions to the states with regard to the exercise of their executive 
the following matters: 
the construction and maintenance of means of communication (declared 
be of national or military importance) by the state; 
the measures to be taken for the protection of the railways within the
(iii) the provision of adequate facilities for instruction in the mother
the primary stage of education to children belonging to linguistic 
groups in the state; and 
(iv) the drawing up and execution of the specified schemes for the welfare 
the Scheduled Tribes in the state. 
Constitution provides for inter-government delegation of executive 
in order to mitigate rigidity and avoid a situation of deadlock.
President may, with the consent of the state 
entrust to that government any of the executive functions 
Conversely, the governor of a state may, with the consent 
government, entrust to that government any of the executive 
state.  
This mutual delegation of administrative functions may be conditional
The Constitution also makes a provision for the entrustment 
executive functions of the Centre to a state without the consent of 
But, in this case, the delegation is by the Parliament
, Governor can reserve certain types of
resident enjoys absolute veto in this case
n State legislatures only with the previous 
Trade and Commerce related matters.  
ergency on Centre-state relations: The Indian Constitu
provides for various provisions for emergency which accentuate the 
unitary tilt of the Indian system, thereby bringing about a ch
empowered to give 
with regard to the exercise of their executive 
s of communication (declared 
the railways within the 
(iii) the provision of adequate facilities for instruction in the mother-
the primary stage of education to children belonging to linguistic 
specified schemes for the welfare 
government delegation of executive 
in order to mitigate rigidity and avoid a situation of deadlock. 
sident may, with the consent of the state 
entrust to that government any of the executive functions 
Conversely, the governor of a state may, with the consent 
government, entrust to that government any of the executive 
This mutual delegation of administrative functions may be conditional or 
The Constitution also makes a provision for the entrustment 
without the consent of 
But, in this case, the delegation is by the Parliament and not 
s of Bills for 
ase. Some Bills 
ous sanction of 
Indian Constitution 
ergency which accentuate the 
unitary tilt of the Indian system, thereby bringing about a change in the