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Part XI: Relations Between the Union and the States

Articles 245–263 · Part XI is the rulebook for how power is actually divided between the Union and the States — which government can make which laws (legislative relations), and how they cooperate or resolve disputes in administration, including inter-state river water sharing.

Key Articles

The provisions in this Part cited most often

With landmark Supreme Court cases that shaped how they're actually applied.

Art. 246

Subject-matter of laws — the Union, State and Concurrent Lists

Parliament makes laws on the Union List (defence, foreign affairs, railways...), State Legislatures on the State List (police, public health, agriculture...), and both can legislate on the Concurrent List (education, marriage, criminal law...) — all three lists live in the Seventh Schedule.

Art. 246A

Special provision for Goods and Services Tax (GST)

Added by the 101st Amendment, 2016, this Article uniquely lets BOTH Parliament and every State Legislature levy GST on the same transaction simultaneously — a deliberate departure from the usual exclusive-list model, built around the GST Council.

Union of India v. Mohit Minerals Pvt. Ltd.(2022) 10 SCC 700 — Held GST Council recommendations are only persuasive, not binding, on Parliament and State Legislatures — reinforcing that India's fiscal federalism under 246A is 'cooperative', not 'coercive'. Verify this case
Art. 262

Adjudication of inter-state river water disputes

Lets Parliament set up special Tribunals for disputes between states over shared rivers, and — critically — bars the Supreme Court and other courts from exercising jurisdiction over such disputes once a law under this Article applies, though courts have narrowed this bar over time.

Every Article In This Part

All of Articles 245–263

Grouped by subject so related provisions stay together — every article number in this Part is covered below.

Art. 245
Extent of laws made by Parliament and State Legislatures

Parliament can make laws for all of India (or part); a State Legislature generally only for its own state, with some laws having extra-territorial effect if there's a sufficient nexus.

Art. 246
Union, State and Concurrent Lists

Divides law-making subjects between the three lists in the Seventh Schedule, with Parliament having overriding power on the Concurrent List in case of conflict.

Art. 246A
Special provision for GST

Allows simultaneous Union and State power to tax goods and services, structured around the GST Council.

Art. 247
Additional courts

Lets Parliament establish additional courts for better administration of Union-List laws.

Art. 248
Residuary powers of legislation

Any subject not listed in any of the three Lists falls to Parliament by default.

Art. 249
Parliament's power to legislate on a State List matter in the national interest

If the Rajya Sabha passes a resolution (two-thirds majority) declaring it necessary in the national interest, Parliament can temporarily legislate on a State subject.

Art. 250
Parliament's power during a national Emergency

While a Proclamation of Emergency is in force, Parliament can legislate on any State List subject.

Art. 251
Inconsistency between Union and State laws under 249/250

A State law inconsistent with a Union law made under these special powers is void to the extent of the inconsistency.

Art. 252
Legislation for two or more States by consent

If two or more states consent, Parliament can legislate on a State subject for those states specifically.

Art. 253
Legislation for giving effect to international agreements

Parliament can legislate on any subject, even a State one, to implement a treaty, international agreement or convention.

Art. 254
Inconsistency between Union and State laws (repugnancy)

On the Concurrent List, a Union law generally prevails over a conflicting State law, unless the State law received the President's specific assent.

Art. 255
Requirements as to recommendations and previous sanctions

A law isn't invalid merely because a procedural recommendation or prior sanction requirement wasn't formally followed, if the President/Governor later assented.

Art. 256
Obligation of States and the Union

States must exercise executive power to ensure compliance with Union laws; the Union can direct a state to secure that compliance.

Art. 257
Control of the Union over States in certain cases

Extra Union direction powers over nationally-important communications and railway protection within a state.

Art. 258
Union delegating functions to States

With a state's consent, the Union can entrust its own executive functions to that state's government or officers.

Art. 258A
States delegating functions to the Union

The reverse — a state can, with Union consent, entrust its executive functions to the Union.

Art. 259
(Repealed) Armed Forces in Part B States

Became irrelevant once the 'Part B States' classification was abolished by the 7th Amendment, 1956.

Art. 260
Jurisdiction of the Union in relation to territories outside India

Lets India take on executive/legislative/judicial functions for an outside territory by agreement.

Art. 261
Public acts, records and judicial proceedings

'Full faith and credit' — a judgment or record from one state is legally recognised throughout India.

Art. 262
Inter-state river water disputes

Parliament can set up special Tribunals to adjudicate disputes between states over shared rivers, and can limit ordinary courts' jurisdiction over such disputes.

Art. 263
Inter-State Council

The President can establish an Inter-State Council to inquire into and advise on disputes, and to discuss subjects of common interest between the Union and the States.

Frequently Asked

Quick answers about this Part

Who wins if a Union law and a State law conflict?
Depends which List the subject is on. Union List: only Parliament can legislate. State List: only the State (with narrow exceptions like Articles 249/250/252/253). Concurrent List: Parliament's law generally prevails unless the State law got the President's specific assent (Article 254).
Can the Supreme Court decide a river water-sharing dispute between two states?
Generally not directly, once a special Tribunal has been set up under Article 262 for that dispute — though in practice, Tribunal awards have still ended up before the Supreme Court on specific legal questions, and courts have narrowed the exact scope of this bar over the years.

This is a plain-language guide to Part XI of the Constitution of India for general educational purposes, not a substitute for the bare text of the Constitution or professional legal advice. Article numbering and content reflect amendments up to 2026; always cross-check the authoritative text at india.gov.in or legislative.gov.in before relying on it for a legal matter.