Articles 247 to 250 of the Indian Constitution: A Contemporary Discourse on the Union and States' Relationship

Articles 247 to 250 of the Indian Constitution: A Contemporary Discourse on the Union and States' Relationship

Introduction 

The Indian Constitution, as a framework for governance, establishes a delicate balance between the Union and the states. Articles 247 to 250 of the Indian Constitution delineate provisions pertaining to the relationship between the Union and the states, addressing matters such as the relationship with the Union territories, representation in Parliament, and coordination between states. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India.

Article 247: Interpretation

Article 247 provides for the interpretation of laws made by Parliament or the Legislature of a state in relation to the Union territories. Although this article may appear procedural, it holds crucial implications for governance in the Union territories. The case of Dr. C.M. Rajendran v. Union of India sheds light on the interpretation of Article 247. The Supreme Court, in this case, emphasized that the President's power to make regulations for Union territories should be exercised within the limits prescribed by the Constitution, ensuring a balance between central authority and the autonomy of Union territories. This case highlights the importance of constitutional limitations in maintaining the integrity of the Union and the rights of Union territories.

Article 248: Residuary Powers of Legislation

Article 248 grants residuary powers of legislation to the Parliament of India. This provision assumes significance in the modern era, as it addresses matters not explicitly covered by the distribution of legislative powers. The case of Union of India v. H.S. Dhillon highlights the relevance of Article 248. The Supreme Court, in this case, clarified that residuary powers are vested with the Parliament and cannot be assumed by the state legislatures. This judgment reaffirmed the supremacy of Parliament in matters not explicitly assigned to the states and underscored the importance of a unified legal framework in a diverse nation like India.

Article 249: Power of Parliament to Legislate on Matters in the State List in the National Interest

Article 249 empowers the Parliament to legislate on matters in the State List in the national interest. This provision assumes significance in addressing crucial issues that require a unified approach across the states. The case of S.R. Bommai v. Union of India is instrumental in understanding the interpretation and application of Article 249. The Supreme Court, in this landmark judgment, held that the power of Parliament under Article 249 should be exercised sparingly and should meet the constitutional requirements of national interest, compelling circumstances, and consultation with the states. This case underscored the delicate balance between the Union and the states, emphasizing the need for cooperative federalism and preserving the autonomy of the states.

Article 250: Power of Parliament to Legislate with Respect to Any Matter in the State List during a Proclamation of Emergency

Article 250 grants the Parliament the power to legislate on matters in the State List during a proclamation of emergency. This provision assumes significance in times of crisis when unified legislation is necessary for effective governance. The case of R.C. Poudyal v. Union of India provides insights into the interpretation of Article 250. The Supreme Court, in this case, held that the power of Parliament under Article 250 is not unlimited and should be exercised within the confines of the constitutional framework. This judgment emphasized the importance of striking a balance between the central authority and the autonomy of the states, even during times of emergency.

Conclusion

The provisions of Articles 247 to 250 of the Indian Constitution play a crucial role in delineating the relationship between the Union and the states. Through relevant case laws, we have observed the significance of these provisions in maintaining the delicate balance between central authority and state autonomy, upholding the principles of cooperative federalism. As India progresses in the modern era, it is essential to continue the discourse surrounding Articles 247 to 250, adapting them to the evolving needs of the nation while safeguarding the democratic principles and the rights of both the Union and the states.