Part XI of the Indian Constitution deals with the distribution of legislative powers between the Union (central government) and the States (state governments) in India. It consists of Articles 245 to 263 and plays a crucial role in defining the legislative authority of different levels of government within the Indian federal system.
Here's a breakdown of the key provisions and aspects of Part XI:
**Article 245**:
Extent of laws made by Parliament and by the legislatures of States: This article establishes that the laws made by Parliament (central government) and the laws made by State legislatures (state governments) shall be subject to their respective jurisdictions. It outlines the general principles of territoriality in legislation.
**Article 246**:
Subject-matter of laws made by Parliament and by the legislatures of States: Article 246 provides for the division of legislative powers between the Union and the States. It classifies various subjects into three lists:
- **Union List (List I)**: Matters on which only Parliament can make laws.
- **State List (List II)**: Matters on which only State legislatures can make laws.
- **Concurrent List (List III)**: Matters on which both Parliament and State legislatures can make laws.
**Article 247**:
Power of Parliament to provide for the establishment of certain additional courts: This article empowers Parliament to establish additional courts for the better administration of laws relating to a subject included in the Union List.
**Article 248**:
Residuary powers of legislation: Article 248 grants Parliament the exclusive power to make laws on any subject not included in the Union List, State List, or Concurrent List. These are known as "residuary powers."
**Article 249**:
Power of Parliament to legislate with respect to a matter in the State List in the national interest: This article allows Parliament to make laws on a subject in the State List if it is deemed necessary in the national interest, with the consent of two or more States.
**Article 250**:
Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State: This article permits Parliament to make laws for two or more States if those States request it and adopt such laws.
**Article 251**:
Inconsistency between laws made by Parliament and laws made by the Legislatures of States: In case of inconsistency between laws made by Parliament and laws made by State legislatures on a matter in the Concurrent List, the law made by Parliament prevails.
**Article 252**:
Power of Parliament to legislate for two or more States by consent of States: Article 252 allows Parliament to make laws on a subject in the State List if two or more States agree to it.
**Article 253**:
Legislation for giving effect to international agreements: Parliament has the power to make laws for the whole or any part of the territory of India to implement international agreements, treaties, or conventions.
**Article 254**:
Inconsistency between laws made by Parliament and laws made by the Legislatures of States: This article deals with situations of inconsistency between a central law and a state law on a Concurrent List subject. It states that if a state law is inconsistent with a central law, the central law prevails, but if the President gives his assent to the state law, it can operate in that particular state.
**Article 255**:
Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only: This article clarifies that the requirements related to recommendations and previous sanctions for the making of laws are matters of procedure and shall not affect the validity of any law.
**Article 256**:
Obligation of States and the Union: This article emphasizes the obligation of States and the Union to ensure compliance with the laws made by Parliament and to uphold the supremacy of the Constitution.
**Article 257**:
Control of the Union over States in certain cases: Article 257 deals with the power of the Union (central government) to issue directions to States regarding the exercise of executive powers concerning matters on the State List.
**Article 258**:
Power of the States to entrust functions to the Union: This article allows States to entrust functions to the Union government in the interest of cooperation between the States and the Union.
**Article 259**:
Jurisdiction of the Union in relation to territories outside India: Article 259 deals with the jurisdiction of the Union government in matters related to territories outside India.
**Article 260**:
Jurisdiction of the Union in relation to territories in India outside the States: This article outlines the jurisdiction of the Union government in matters related to territories in India that are not part of the States.
**Article 261**:
Public acts, records, and judicial proceedings: Article 261 deals with the recognition and enforcement of public acts, records, and judicial proceedings between States and between the Union and the States.
**Article 262**:
Adjudication of disputes relating to waters: This article provides for the adjudication of disputes relating to inter-State river waters by special tribunals constituted by Parliament.
**Article 263**:
Provisions with respect to an inter-State Council: Article 263 allows for the establishment of an inter-State Council to promote cooperation and coordination between States and between the Union and States on various matters.
Part XI of the Indian Constitution is crucial for maintaining the federal structure of the Indian government by clearly defining the distribution of legislative powers between the Union and the States. It ensures that both levels of government can function efficiently within their respective domains while also providing mechanisms for resolving disputes and promoting cooperation between them.