CHAPTER 17 – RELATION BETWEEN UNION AND STATE

The scheme of distribution of powers in Indian Constitution between the Centre and the States is more elaborative and
comprehensive than the schemes in the USA, Canada, Australia and Nigeria. The distribution of powers is an essential
feature of federalism. The object for which a federal state is formed involves a division of authority between the
National Government and separate states. A Federal Constitution establishes the dual polity with the union at the
centre and the states at a periphery, each endowed with sovereign powers to be exercised in the field assigned to them
respectively by the constitution.” “The one is not subordinate to the other in its own field, the authority of one is co-
ordinate with that of other”. In fact, the basic principle of federation is that the legislative, executive and financial
authority is divided between the centre and state not by any law passed by the centre but by constitution itself. This is
what Indian constitution does.

The general principles guiding the division of powers are the same which are aptly pointed out by Prof. Dicey in these
words: “Whatever concerns the nation as a whole should be placed under the control of the national Government. All
the matters which are not primarily of common interest should remain in the hands of the several layers”

LEGISLATIVE RELATIONS:
Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the State.
The constitution of India makes two fold distribution of legislative powers-

A. With respect to territory

B. With respect to subject matter.

TERRITORIAL JURISDICTION

Article 245

Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of
India, and the Legislature of a State may make laws for the whole or any part of the State.

No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.