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Friday, 27 April 2018

Relation between the Union & the States



Part 11 of the Constitution deals with the relation between the Union & the states.
(Articles 245-263).

Legislative Relations (Articles 245- 255)
Indian constitution borrowed idea of union & state list from Canada. Concurrent list idea is borrowed from Australia.

Article 246(7th schedule) deals with 3 lists-
1.Union list(Central Govt's exclusive powers are listed).
2.State list.
3.Concurrent list.

Union list major items- Defence, armed forces, arms & explosives, atomic energy, CBI, foreign affairs, UNO, war & peace, citizenship, railways, lighthouses, airways, posts & telegraphs, currency, RBI, banking, insurance, stock exchanges, patents, sanctioning of cinematograph films for exhibition, census, audit of the accounts of the union & States etc.

State list major items- public order, police, prisons, local government, public health & sanitation, intoxicating liquors, libraries, agriculture, fisheries, gas, markets & fairs, inns, money lending, theatres, betting & gambling, treasure trove, tolls etc.

Concurrent list major items- criminal law, marriage & divorce, contracts, bankruptcy & insolvency, trust & trustees, administration of justice, contempt of court, vagrancy, lunacy, prevention of cruelty to animals, forests, protection of wild animals & birds, adulteration of food stuffs, drugs & poisons, economic & social planning, population control & family planning, trade unions, social security, employment & unemployment, education, charities, welfare of Labour, price control, factories, boilers, electricity, newspapers, books & printing etc.

Article 248(2) of constitution says parliament has exclusive power to make any law w.r.t of any matter not enumerated in State-Concurrent lists.

Administrative Relations(256- 263)

Sarkaria Commission was setup to examine Centre-State relations.


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