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RELATION BETWEEN THE UNION AND THE STATES

          LEGISLATIVE RELATION

      Distribution of Legislative Powers

Extent of laws made by Parliament and by the Legislatures of States. ---                                                                                                                                                                 (1). Subject to 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 laws for the whole or any part of the State.
(2). No law made by Parliament shall be deemed to be invalid on the ground that it would have extra - territorial operation.


Subject - matter of law made by Parliament and by the Legislatures of States. ---                                                                                                                                                            (1).Notwithstanding anything in clause (2) and (3) ,Parliament has exclusive power to make laws with respect to any of the matters enumerated in list I in the Seventh Schedule ( in this Constitution referred to as the "Union List").
(2). Notwithstanding anything in clause 3  Parliament and, subject to clause (1), the Legislature of any State also,have power to make laws with respect to any of the matters enumerated in list 3 in the Seventh Schedule ( in this Constitution referred to as the " Concurrent List ").
(3).Subject to clause (1) and (2) , the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List 2 in the Seventh Schedule (in this Constitution referred to as the 'State List ').
(4). Parliament has power to make laws with respect to any matter for any part of the territory of India not included Notwithstanding that such matter menu in the State List.


Power of Parliament to provide for the establishment of certain additional Courts. ---                                                                                                                                                                Notwithstanding anything in this , Parliament may by law provide for the establishment of any additional Courts for the better administration of laws made by  Parliament or of any existing laws with respect to a matter enumerated in the Union List.


Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation. --- (1).Notwithstanding anything in this, Parliament shall,while a Proclamation of Emergency is in operation, have ,power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List .
(2). A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall ,to be extent of the incompetency ,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 expiration of the said period.


Inconsistency between laws made by Parliament and laws made by the Legislatures of States. --- (1). If any provision of a law made by the Legislature of a State is  repugnant to any provision of a law made by Parliament which Parliament is competent to enact ,or to any provision of an existing law with respect to one of the matters enumerated in Concurrent List,then,Subject to the provisions in clause (2) , the law made by Parliament, whether passed before or after the law,shall prevail and the made by the Legislature of the State shall,to the extent of the repugnancy,be void.
(2). Where a law made by the Legislature of a State with respect to one side the matters enumerated in the Concurrent List contain any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter ,then, then law so made by the President and has received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to,amending ,varying or repealing the law so made by the Legislature of the State.


Requirements as to recommendations and previous sanction to be regarded as matters of procedure only. ---
                              No Act of Parliament or of the Legislature of a State and no provision in any such Act, shall be invalid by reason only that some recommendations or previous sanction required by this Constitution was not given ,if assent to that Act was given --
(a).where the recommendation required was that of the Governor, either by the Governor or by the President;
(b).where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
(c). where the recommendation or previous sanction required was that of the the President, by the President.

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