Legislative Powers and Emergency Provisions: Analysing Articles 245 to 255 in Contemporary Indian Governance

Legislative Powers and Emergency Provisions: Analysing Articles 245 to 255 in Contemporary Indian Governance





Articles 245 to 255: Legislative Relations and Emergency Provisions in the Indian Constitution

Articles 245 to 255 of the Indian Constitution encompass legislative relations between the Union and States, distribution of legislative powers, emergency provisions, and related aspects crucial for governance in India.

Constitutional Provisions:

- Article 245: Deals with the extent of legislative powers between the Union and States and the supremacy of the Parliament.
  
- Article 246: Delineates the distribution of legislative powers between the Union and States, specifying the subjects falling under their respective jurisdictions.
  
- Article 249: Allows Parliament to legislate on a subject enumerated in the State List if it's in the national interest or during a Rajya Sabha resolution.

Case Laws and Precedents:

S.R. Bommai v. Union of India (1994): In this landmark case, the Supreme Court upheld the significance of federalism and the principle of secularism. It ruled that the dissolution of state governments under Article 356 should be a last resort and be based on valid grounds.

Kesavananda Bharati v. State of Kerala (1973): This case led to the doctrine of basic structure, affirming that Parliament cannot alter the basic structure of the Constitution through amendments.

Contemporary Relevance:

The cases highlighted significant constitutional principles, emphasizing federalism, the separation of powers, and the limits of executive authority. They continue to influence judicial review and the interpretation of legislative powers.

Emergency Provisions:

Articles 352 to 360 encompass emergency provisions. Article 356, particularly, concerning President's rule in states, has been a subject of significant judicial scrutiny and relevance.

Conclusion:

Articles 245 to 255 of the Indian Constitution form the bedrock of legislative relations, distribution of powers, and emergency provisions in India. The case laws, such as S.R. Bommai v. Union of India and Kesavananda Bharati v. State of Kerala, underscore constitutional principles guiding legislative powers and federalism. These articles and case laws remain pivotal in guiding legislative relations, federal structure, and judicial review in the contemporary Indian legal landscape.
Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

District Judges' Appointment and Service: Constitutional Framework and Contemporary Imperatives

Image
District Judges' Appointment and Service: Constitutional Framework and Contemporary Imperatives Articles 233 to 237: Appointment and Conditions of Service of District Judges Articles 233 to 237 of the Indian Constitution delineate the appointment, qualifications, and conditions of service for District Judges, forming the bedrock of the judiciary's lower rung. Constitutional Provisions: Article 233 empowers the Governor in consultation with the High Court, and Article 234 specifies the method of appointment, ensuring the independence and integrity of District Judges. Case Laws and Precedents: State of Gujarat v. Gujarat Revenue Tribunal Bar Association (1969): This case reinforced the importance of judicial independence and underscored that District Judges' appointment should be free from external influence. All India Judges Association v. Union of India (2002): The Supreme Court reiterated the significance of the Governor's role in consultation with the High Court whi...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Constitutional Provisions Governing Union Territories and Delhi: A Comprehensive Analysis of Articles 239 to 240

Image
Constitutional Provisions Governing Union Territories and Delhi: A Comprehensive Analysis of Articles 239 to 240 Articles 239 to 240, 239A, 239AA, 239AB, and 239B: Governance Framework for Union Territories and Delhi Articles 239 to 240, along with 239A, 239AA, 239AB, and 239B of the Indian Constitution, establish a nuanced governance framework for Union Territories (UTs) and Delhi, outlining distinctive provisions for their administration. Constitutional Provisions: - Article 239: Lays down the administrative setup for UTs, granting the President powers to make regulations. - Article 240: Specifies provisions for the administration of UTs directly by the President or through an administrator appointed by the President. - Article 239A: Introduces special provisions for Puducherry, providing a legislature and a Council of Ministers. - Article 239AA: Confers a special status on Delhi as the National Capital Territory (NCT), providing an elected legislature and Council of Ministers wi...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more