Legislative & Administrative Relations (Part XI)
Flashcards on Articles 245–263, the Seventh Schedule lists, and the doctrines that resolve overlaps.
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Questions Covered in This Set
10 cards to master
Which Articles of the Constitution cover legislative relations between Union and States?
Articles 245–255 (Part XI); administrative relations follow in Articles 256–263.
What does Article 245 say about extra-territorial laws?
Parliament may legislate for all or part of India, and no Union law is invalid merely for having extra-territorial operation; State laws need a 'territorial nexus'.
Which case established the territorial nexus test?
State of Bombay v. R.M.D. Chamarbaugwala — Bombay could tax a prize competition run from Bangalore because entrants, agents and money were in Bombay.
What are the three lists in the Seventh Schedule and their current sizes?
Union List (98 entries), State List (59 entries), Concurrent List (52 entries).
What is the residuary power under Article 248?
Subjects not mentioned in any list (e.g. cyberspace, cryptocurrency) fall to Parliament — unlike the USA or Australia where residuary power rests with the states.
Explain the doctrine of pith and substance.
Courts look at the true nature and character of a law; incidental encroachment on another list does not invalidate it (State of Bombay v. F.N. Balsara, 1951).
What is colourable legislation?
'What you cannot do directly, you cannot do indirectly' — a law that pretends to fall under a permitted entry while really legislating on a forbidden one is struck down.
State the rule in Article 254(1).
If a State law on a Concurrent subject is repugnant to a Union law, the Union law prevails and the State law is void to the extent of the repugnancy.
What is the exception in Article 254(2)?
A repugnant State law reserved for and given the President's assent prevails in that State — though Parliament can still later override it.
Why is a State law void under Art. 254(1) not permanently dead?
It lies dormant and can revive if the central law is repealed (State of Maharashtra v. Bharat Shanti Lal Shah).
