Model Answer
0 min readIntroduction
India's Constitution establishes a federal system characterized by a division of legislative powers between the Union and the States, primarily delineated in the Seventh Schedule. While the Union List contains subjects of national importance and the State List subjects of regional significance, the Constitution, in its wisdom, incorporates several extraordinary provisions that empower the Union Parliament to legislate on matters enumerated in the State List. These provisions are not meant to subvert the federal structure but act as safety valves, enabling Parliament to act in specific situations deemed crucial for national security, integrity, or interstate cooperation, thereby reflecting India's unique quasi-federal character.
The Seventh Schedule of the Indian Constitution divides legislative powers between the Union and the States into three lists: the Union List (List I), the State List (List II), and the Concurrent List (List III). Generally, Parliament has exclusive power to legislate with respect to matters in the Union List, while State Legislatures have exclusive power regarding the State List. However, several articles empower Parliament to legislate on subjects falling within the State List under specific circumstances.
1. Legislation in the National Interest (Article 249)
Article 249 grants Parliament the power to legislate on any subject enumerated in the State List in the national interest.
- Condition: The Rajya Sabha (Council of States), representing the federal character of the Union, must pass a resolution declaring that it is necessary or expedient in the national interest for Parliament to legislate on a specified matter in the State List.
- Procedure: This resolution must be supported by not less than two-thirds of the members present and voting.
- Duration: The law made by Parliament under this provision remains in force for a maximum period of one year from the date of the resolution ceasing to have effect. The Rajya Sabha can extend the operation of the resolution for further periods of one year each.
- Scope: The law enacted applies only to the territory of India or parts thereof specified in the resolution.
- Supremacy: During the operation of the law, Parliament has exclusive power to legislate on the subject, notwithstanding that it is one of the matters enumerated in the State List. However, State Legislatures can legislate on the same subject when the resolution is not in force, subject to the non-obstante clause in Article 254(1) if the Union law prevails.
2. Legislation during Proclamation of Emergency (Article 250)
Article 250 empowers Parliament to legislate on any matter enumerated in the State List if a Proclamation of Emergency is in operation.
- Condition: A Proclamation of Emergency under Article 352 must be in effect.
- Scope: Parliament can make laws conferring powers and imposing duties upon the Union or its officers regarding any matter in the State List.
- Duration: The law continues to have effect for a period of six months after the Proclamation of Emergency has ceased to operate.
- Supremacy: During the emergency and the subsequent six-month period, the Union Parliament has overriding legislative power on State List subjects. This provision aims to enable the Union government to effectively manage the crisis situation.
3. Legislation for Two or More States by Consent (Article 252)
Article 252 provides a mechanism for Parliament to legislate on State List subjects if the Legislatures of two or more States specifically request it to do so.
- Procedure: If the legislative assemblies of two or more States pass resolutions requesting Parliament to enact a law on a specific subject matter in the State List, Parliament can enact such a law.
- Scope: The law enacted applies to such States as have passed the requisite resolutions and any other State that subsequently adopts it by passing a resolution.
- Modification/Repeal: Parliament can amend or repeal such a law only by enacting another law passed with similar resolutions from the concerned State Legislatures.
- Purpose: This facilitates uniformity and coordinated action on subjects that might require a national approach but fall under the State List, without imposing Parliament's will directly.
4. Legislation for Implementing Treaties and International Agreements (Article 253)
Article 253 empowers Parliament to make laws for the whole or any part of India to implement treaties, international agreements, conventions, and decisions reached in international bodies.
- Condition: The need to fulfill international obligations.
- Scope: Parliament can legislate on any subject, including those in the State List, if necessary for implementation. This power is not subject to the limitations of territorial jurisdiction and can override the distribution of powers under the Seventh Schedule.
- Purpose: Ensures India can meet its international commitments effectively.
5. Legislation during President's Rule (Article 356)
When the President's Rule is imposed in a State under Article 356, the powers of the State Legislature can be exercised by Parliament.
- Procedure: The President may by order direct that any powers exercisable by the State Legislature shall be exercisable by or under the authority of Parliament.
- Scope: Parliament can make laws on any subject, including those in the State List, as if the State Legislature were functioning normally, or it can delegate powers to the President or other authorities.
- Purpose: Ensures governance continuity and legislative function in a state under President's Rule.
Conflict of Laws (Article 254)
Article 254 deals with the inconsistency between laws made by Parliament and laws made by the State Legislatures. Generally, if a State law is inconsistent with a Union law on a matter in the Concurrent List, the Union law prevails. However, if a State law on a State List subject (that Parliament later legislates upon under Article 249, 250, or 252) receives the President's assent, it can prevail in that state unless Parliament subsequently makes a law relating to the same subject. Laws made under Article 253 are generally supreme.
Table: Conditions for Parliamentary Legislation on State List Subjects
| Article | Triggering Condition | Legislative Body Empowered | Primary Purpose | Duration |
|---|---|---|---|---|
| 249 | Rajya Sabha resolution (special majority) | Parliament | National Interest | Max 1 year (renewable) per resolution |
| 250 | Proclamation of Emergency (Art. 352) | Parliament | Effective Crisis Management | During Emergency + 6 months |
| 252 | Resolutions from 2+ State Legislatures | Parliament | Inter-State Cooperation / Uniformity | As long as adopted by states |
| 253 | Need to implement International Treaty/Agreement | Parliament | Fulfilling International Obligations | Permanent |
| 356 | President's Rule in a State | Parliament (or delegated) | State Governance Continuity | During President's Rule |
Conclusion
<p>The Indian Constitution, while federal in structure, grants Parliament exceptional powers to legislate on State List subjects under specific, extraordinary circumstances. Articles 249, 250, 252, 253, and the provisions related to Article 356 serve as crucial mechanisms to safeguard national interest, manage emergencies, facilitate interstate cooperation, and uphold international commitments. These provisions underscore the flexibility built into the Indian constitutional framework, allowing for a temporary shift in legislative competence from the States to the Union when deemed necessary. While indispensable, their invocation is subject to procedural safeguards and checks, aiming to maintain a delicate balance between national imperatives and the autonomy of the states.</p>
Answer Length
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