India's Federal Constitution and Center-State Relations: Powers and Jurisdictions, Schemes and Mind Maps of Law

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Separation of Powers

“ In the state of nature all men are born in equal, but they can not

continue. The Society makes them lose, and they recover it only by the

laws “

The nature of man is equal. It is the association of men which injects

the inequality between them. The role, the purpose of the politics

must be to restore and guarantee the equality of citizens.

Jammu and Kashmir (1948): The king of this State

signed the "Instrument of Accession" to India and

became part of Indian Union. In 1956 J&K completed

the process of merging with the Indian Union.

Now this state is bifurcated and Laddakh and J&K are

the separate union territories since August 2019.

2. Uttar Pradesh (1950): This state is popular as

the land of the powerful empire. Before becoming

Uttar Pradesh in 1950 it was known as the United

Provinces which was united by adding Oudh and Agra

regions.

3. Bihar (1950): This State was formed by the

English on 22 March 1912 but it got full statehood on

26 January 1950. It was further bifurcated in 2000 and

a new state namely Jharkhand was created.

8. Madhya Pradesh (1956): It came into existence in 1956. this state is famous for

diamond mining in panna district. It was further bifurcated in 2000 and Chhattisgarh became

a new state.

9. Kerala (1956): Former states of Travancore, Cochin, and Malabar were merged together

to form the state of Kerala in 1956. It got full statehood on November 1,1956.

10. Karnataka (1956): It was formed as a Mysore State on 1 November 1956. Mysore state

was created by bringing together all Kannada speaking regions in 1956. The state was

renamed Karnataka in 1973.

11. Maharashtra (1960) : Maharashtra and Gujarat was the Part of the state of Bombay

Province. On 1 May 1960, the states of Maharashtra and Gujarat were formed as independent

states.

12. Gujarat (1960): This state is famous for asiatic lion. it was part of Bombay Presidency in

British India but on 1 May 1960 Gujarat was separated and formed as an independent state.

13. Nagaland (1963): This state was formed on 1 December 1963. It is separated from

Assam.

14. Punjab (1966): This state was created after the merger of Patiala princely state with

eight other similar states.In 1966, Haryana was separated as an independent state from this

merger. Chandigarh is the joint capital of Punjab and Haryana.

15. Himachal Pradesh (1971): Himachal Pradesh was created with the merger of 30

princely states in 1950, and in 1956, was declared a Union Territory. Himachal Pradesh got full

statehood on 25 January 1971.

16. Manipur (1972): Manipur became independence along with India in 1947. In 1956, it

17. Meghalaya (1972): Meghalaya was formed as an autonomous state within Assam in

1970. It became a separate state on 21 January 1972. 18. Tripura (1972): Surrounded by Bangladesh on three sides, Tripura remained a Union

Territory till 1972, when it became an independent state.

19. Sikkim (1975): Sikkim; a landlocked state is the second smallest state of India. It is

Popularly known as the Organic state of India. Sikkim was merged with the Indian Union on

16 May 1975.

20. Goa (1987): Even after the Indian independence this state was under the rule as

Portuguese colony but liberated by the Indian Army in 1961 made an Union Territory, along

with Daman and Diu. The state of Goa was formed on 30 May 1987.

21. Arunachal Pradesh (1987) : In 1972, it became a Union Territory and in 1987 became

an independent state of India with Itanagar as its capital.

22. Mizoram (1987): It got the statehood on 20 February 1987. Initially it was a district of

Assam. In 1972 it was declared a Union Territory but Mizo National Front opposed it and later

on it got full statehood.

23. Chhattisgarh (2000) : This state was separated from a part of Madhya Pradesh on 1

November 2000.

24. Jharkhand (2000): This tribal dominated state was separated from Bihar and got full

statehood on 15 November 2000.

25. Uttarakhand (2000): This state was formed after taking some districts of the Uttar

Pradesh by the name of Uttaranchal but in 2007, the state was renamed Uttarakhand.

26. Telangana (2014): It is made by taking some districts of Andhra Pradesh. It got full

India is a union of states. The constitution of India has

divided the legislative, executive and financial powers

between the centre and the states, which gives the

constitution a federal character whereas judiciary is

integrated in a hierarchical structure.

The Centre-State relations are divided into three parts,

which are mentioned below:

(A) Legislative Relations (Article 245-255)

(B) Administrative Relations (Article 256-263)

(C) Financial Relations (Article 268-293)

THE THREE LISTS

The Constitutional provisions in India on the subject of distribution of

legislative powers between the Union and the States are defined under

several articles; the most important in this regard being specifically

under articles 245 & 246 of the Constitution of India.

The Seventh Schedule to the Constitution of India defines and specifies

allocation of powers and functions between Union & States.

It contains three lists; i.e.

1) Union List

2) Concurrent List and

3) State List

Residuary powers of legislation

The constitution also vests the residuary powers (subjects not enumerated in

any of the three Lists) with the Union Parliament. The residuary powers have

been granted to the Union contrary to the convention in other federations of

the world, where the residuary powers are given to the States. However, in

case of any conflict, whether a particular matter falls under the residuary

power or not is to be decided by the court.

Parliament’s Power to Legislate on State List

Though under ordinary circumstances the Central Government does not

possess power to legislate on subjects enumerated in the State List, but under

certain special conditions the Union Parliament can make laws even on these

subjects.

a) In the National Interest (Art.249)

If the Rajya Sabha declares by a resolution supported by not less than 2/3 of its members

present and voting, that it is necessary or expedient in the national interest that the Parliament

should make laws with respect to any matter enumerated in the State List (Art.249). After such a

resolution is passed, Parliament can make laws for the whole or any part of the territory of India.

Such a resolution remains in force for a period of 1 year and can be further extended by one

year by means of a subsequent resolution.

b) Under Proclamation of National Emergency (Art.250)

Parliament can legislate on the subjects mentioned in the State List when the Proclamation of

National Emergency is in operation. However, the laws made by the Parliament under this

provision shall cease to have effect on the expiration of a period of six months after the

Proclamation has ceased to operate, except as respects things done or omitted to be done

before the expiry of the said period.

c) By Agreement between States (Art. 252)

The Parliament can also legislate on a State subject if the legislatures of two or more states

resolve that it is lawful of Parliament to make laws with respect to any matter enumerated in the

State List relating to those State. Thereafter, any act passed by the Parliament shall apply to

such states and to any other state which passes such a resolution. The Parliament also reserves

the right to amend or repeal any such act.