Introduction

There are five conditions under which parliament can make laws on state list.

1. If Rajya Sabha approves a resolution with special majority and declares

that a subject is of national interest. (under Article-249)
2. During times of national Emergency(under Article 250)
3. If the legislature of 2 or more state request parliament to make law
for an item in state list. for example Kerela and Tamil Nadu can ask for
water disputes. (under Article 252)
4. For implementation of international treaties .eg Micro irrigation,
treaty on agriculture.
5. During president's rule.

Predominance of the Parliament

In spite of a clear demarcation in the law-making power of Parliament and
State Legislatures, Parliament was assigned a predominant position in the
general Legislative field. If a matter happened to be included in the Union list
and the State List, and if there was ever a conflict between them the Union List
prevailed. Similarly, if there was an overlapping between the Union and
concurrent lists, the Union list was paramount, and the concurrent list had
priority over the State List. Clause (4) of Article 246 of the Indian Constitution
further provided that, Parliament has power to make laws with respect to any
matter for any such part of the territory of India as had not been included in a
State, notwithstanding that such matter was a matter enumerated in the State
List.
1. Power of Parliament to legislate in the National Interest
249. Power of Parliament to legislate with respect to a matter in the State
List in the national interest
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if
the Council of States has declared by resolution supported by not less than
two thirds of the members present and voting that it is necessary or
expedient in national interest that Parliament should make laws with
respect to any matter enumerated in the State List specified in the
resolution, it shall be lawful for Parliament to make laws for the whole or
any part of the territory of India with respect to that matter while the
resolution remains in force
 (2) A resolution passed under clause ( 1 ) shall remain in force for such
period not exceeding one year as may be specified therein: Provided that, if
and so often as a resolution approving the continuance in force of any such
resolution is passed in the manner provided in clause ( 1 ), such resolution
shall continue in force for a further period of one year from the date on
which under this clause it would otherwise have ceased to be in force
(3) A law made by Parliament which Parliament would not but for the
passing of a resolution under clause ( 1 ) have been competent to make
shall, to the extent of the incompetency, cease to have effect on the
expiration of a period of six months after the resolution has ceased to be in
force, except as respects things done or omitted to be done before the
expiration of the said period

The predominance of Parliament in the sphere of lawmaking was

established by several Articles of the Indian Constitution. Article 249,
provided that, if Rajya Sabha declared by a resolution supported by not less
than two-thirds of the members present and voting that it was necessary or
expedient, in the national interest that 53 Parliament should make laws
with respect to any matter enumerated in the State List specified in the
resolution, it becomes lawful for Parliament to make laws for the whole or
any part of the territory of India with respect with that matter during the
period the resolution remained in force. Such a resolution remained in
force for such period, not exceeding one year, as might be specified
therein. The Rajya Sabha, however, could extend the period of such a
resolution for a further period of one year from the date on which it would
otherwise have ceased to operate. A law made by Parliament, which
Parliament would not but for the passing of such resolution by Rajya Sabha
have been competent to make, ceased to have any effect on the expiration
of a period of six months after the resolution had ceased to be in force,
except in respect of things done or omitted to be done before the
expiration of that period. This provision enabled the Rajya Sabha which
represented the States, to put in the concurrent list any matter that was of
local concern but had assumed national importance. The Rajya Sabha could
do so anytime, emergency or not emergency.
2. During Proclamation of Emergency
Article 250 says that, the Parliament shall have the power to make a law
on any item of the State List in case, a proclamation of emergency is in
operation. Such a law shall apply to the whole country or any part thereof
 in the case of National Emergency (under Article 352) and to any state
under President’s Rule (under Art. 356) or 54 Financial Emergency (under
Art. 360). The laws of the state or states shall remain inoperative during
this period to the extent of being repugnant to the law of the centre (Art.
251).
3. Agreement between States
Art. 252 makes a provision for legislation by invitation. In case, the
Legislatures of two or more states pass a resolution and request the centre
to make a law on a certain item of the state List, then it shall be lawful for
the Parliament to make a law. Firstly, such a law shall apply to the states
which made such a request, though any other State may adopt it by passing
such a resolution subsequently. Secondly, such a law can be amended or
repealed only by the Parliament.
4. For giving effect to International agreements
Parliament shall have the power to legislate with respect to any subject for
the purpose of implementing treaties or International agreements and
conventions. In otherwords, the normal distribution of powers will not
stand in the way of Parliament to enact legislation for carrying out its
International obligations, even through such legislation may be necessary
in relation to a state subject (Art. 253).
5. Avoiding inconsistency
When a law of the State Legislature is inconsistent with any law of the
Parliament, the law of Parliament prevails over the law of the State.
6. Accession of new States
Parliament by law can accede new States into the Indian Union. It can also
make laws to this effect.
7. In case of failure of Constitutional machinery in the States
The predominance of Parliament was further established by Article 356 and
357 of the Indian Constitution. Article 356 stipulated that, if the President
was satisfied that a situation had arisen in which the government of a state
could not be carried on in accordance with the provisions of the
Constitution, he might declare that the powers of the Legislature of that
state would be exercisable by or under the authority of Parliament.6
Parliament might, Article 357 provided, delegate the law-making power to
the President. The effect of Article 356 would be that the Legislature of the
state in question would stand dissolved or suspended and the law-making
 power would vest in Parliament during the period the proclamation of
Emergency remained in force.
In addition to the Parliament’s power to legislate
directly on the State subjects under the foregoing Articles, the constitution
also provides for the centre’s consent before a bill passed by a state
Legislature can become a law. Article 200 of the Indian Constitution directs
the Governor of a state to reserve a bill passed by a state Legislature for
the consideration of the President, if in his opinion, if it is 56 passed into
law, would derogate the power of the High Court so as to endanger the
position which the court is required to fulfill under the constitution. Article
201 says that, the President shall have the power to give his assent to such
a bill or return it to the state for reconsideration on the basis of his
recommendations.
Thus, from the scheme of distribution of Legislative
powers between the union and the states, it is quite evident that framers
have given more powers to the Parliament as against states. The states are
not vested with exclusive jurisdiction even over the subjects assigned to
the states by the constitution and thus it makes the states to some extent
subordinate to the centre. This centralizing tendency is no doubt
inconsistent with the federal principle, but the framers of the constitution
were more concerned with the unity of the nation rather than following
the traditional requirements of a federal constitution. Besides, the central
control was considered necessary for the purpose of achieving rapid
economic and industrial progress”.

Union Legislative power on State List: A Critical

Analysis
Federalism is one of the basic features of the Indian constitution which cannot
be changed as observed by the Supreme Court’s constitutional bench; the
division of powers between union and states governments (federal units) with
respect to the legislative, administrative and financial matters is very essence
of the federalism. The constitutional framework in normal circumstances
operates on federal principles as we have seen and there is no doubt in this
context on the federal nature of our constitution. But side by side certain
provisions are there which termed constitutional operation as unitary one
especially in the legislative field. These provisions enables parliament to enter
in the legislative jurisdiction of the state which generally termed as anti-federal
in nature. The power confirmed on the union legislature to encroach upon the
jurisdiction assigned to the states for legislative function can be classified into
two groups like: When conditions are normal in the country/state and the
provisions like articles,249,252,253 which authorizes parliament to legislate on
state list, whereas indirect power lies under articles 200,20131-A,31-
C,285,286,288,289,293&304(b) of the Indian constitution. When there is either
national emergency under article 250 that authorises parliament to legislate on
state list, no doubt the duration of such legislation is maximum for a period of
six months after the revocation of proclamation by president. Similarly
parliament assumes such power on the imposition of president rule in the
state under article 356(1) (b) of the Indian constitution. No doubt, as per the
division of power no legislative authority can encroach over the legislative field
assigned to other such legislative body in ordinary circumstances. But if
situation/conditions so requires the parliament is competent to make law on
the entries allotted to state government and such cases are discussed as under
Article 249: power of the parliament to legislate with respect to a matter in
the state list in the national interest:
The law passed by parliament on the state list, if resolution to this effect
approved by the council of states supported by not less than two-thirds
majority of the member present and voting. The resolution so passed shall
remain in force for a period of one year from the date of such resolution and it
can be extended by further resolution. Then parliament can pass legislation on
the matter numerated in the state list either for entire country or for a
particular part. The logic for incorporating such provision is that upper house
of the union legislature comprises of the state’s representatives (MPs) except
12 nominated MPs by president of India, elected by members of the respective
state legislative assembly as per article 80 of the Indian constitution. The
legislations passed by parliament while invoking this legislative jurisdiction are
like The Evacuee Interest (Separation) Act, 1951 and Supply and Prices of
Goods Act, 1952 The provisional parliament passed a resolution in 1950 and
continued it by another resolution in 1951 conferring power on parliament to
legislate with respect to trade and commerce within state and production,
supply and distribution of goods for which parliament passed legislation.
Further in 1961 another resolution passed by council of states and Indian
services of engineers, Indian Medical and Health services, I.F.S were created
for all India level and similarly in 1965 agricultural and education relating all
India services. Also in 1986 power conferred on the parliament to deal with
terrorism in Punjab but no such law could be framed to deal with the problem
of terrorism. So far as the application of article 249 to J&K is concerned, the
first constitution order issued by the president of India was by invoking the
power under article 370 to extend the constitution of India to the state of J&K
on 26-01- 1950. The certain exceptions and modifications were incorporated in
the schedule second appended with this order, so far as part XI of the Indian
constitution is concerned, said article was omitted at that point of time.
It was therefore extended to J&K state in the year of 1986 by way of a
constitutional order issued with the concurrence of state government to
extend this provision with some modifications, that it shall read as that in
clause (1)for the words, for matter enumerated in the state list specified in the
resolution the words any matter specified in the resolution, being a matter
which is not enumerated in the union list or concurrent list shall be
substituted. Any matter specified in the resolution, being a matter which is not
enumerated in the union list or concurrent list shall be substituted. Now the
simple interpretation of this provision with reference to J&K shows that if any
such resolution pertains to matter not specified in the union or concurrent list
and law passed on such matter shall be applicable to the state of J&K provided
such law must not be framed with respect to matters enlisted in the state list.
Now the question arises that what are those subjects which are not falling in
the either of the two lists (union and concurrent), is not an easy question to be
answered because the all possible efforts were made to make exhaustive
enumeration in the seventh schedule and for unspecified matters provisions
for residuary legislative powers are there in the constitution of India. If any
such situation arises then parliament has exclusive power to make law on
residuary matter without any such power to make law so conferred by
resolution.
Article 250: Parliament law on state list during the national emergency:
It states that notwithstanding anything in this chapter, parliament shall, while
a proclamation of emergency is in operation, has 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. A law made by parliament would not but for the
issue of a proclamation of emergency has been competent to make shall, to
the extent of the in competency, cease to have effect on the expiration of a
period of six months after the proclamation ceases to operate, except with
respects to things done or omitted to be done before the expiration of the said
period but all action or inaction on the part of the union executive authorized
by any such law passed by the parliament shall remain valid after the six
months from the date of revoking the emergency. The expression
proclamation of emergency in this provision means the national emergency
clamped under article 352 of the Indian constitution on the ground of war or
external aggression which is applicable to state. Because when such
emergency is imposed on the ground of imminent danger or internal
distribution (armed rebellion) has no effect on relations with union
government except under article 354.
Article 252: the union legislation when there is common interest of the state:
The Power of parliament to legislate for two or more states by way of consent
and adoption of such legislation by any other state, if it appears to the
legislatures of the states to be desirable that any of the matters with respect to
which parliament has no power to make laws for the states except as provided
in the articles 249 and 250 should be regulated in such states by parliament by
law, and if resolutions to that effect are passed by all the houses of the
legislatures of those states, it shall be lawful for parliament to pass an
enactment for regulating that matter accordingly, and any law so passed shall
apply to such states and to any other states by which it is adopted after word
by resolution passed in that behalf by the house ,or houses where there are
two houses, by each of the houses of the legislature of that state and any law
so passed by the parliament may be amended or repealed by similar Act of
parliament passed or adopted in like manner but shall not, as respects any
state to which it applies, be amended or repealed by an Act of the legislature
of the state and only parliament can repeal such law. Point to be remember
here that governor of such state has no role in this respect. Further, if out of
several matters falls under an entry of the state list if few is surrendered to
parliament, then state legislature still has power to make law on the rest of the
matters in that particular entry as observed by the supreme court Instances of
Acts passed under Article 252 by parliament of Indian on states resolution to
legislate on following subjects 
 Estate Duty Act, 1953 in its application to agricultural land
 The Prize Competition Act, 1955
 Seeds Act, 1966
 Water (Preservation and Control of Pollution) Act, 1974
 Urban Land (Ceiling and Regulation Act), 1976
  National Capital Region Planning Board Act, 1985
 Manual scavenger Act, 1993
 Transplantation of Human Organs Act, 1994
 The clinical establishment (Registration& Regulation) Act, 2010
 The Government security Act, 2006
 The world life Act, 1972
To implement international obligations exclusive power of the parliament:
The constitution of India provides for the implementation of the international
obligation by union government and the normal distribution of powers
between central and states government is no more limitations for the union
government in this perspective The constitutional obligation of the successive
governments in the form of directive principle under article 51,which states
that state shall endeavour to promote international peace and security, by
maintaining just and honourable relations and to foster respect for
international law and treaty obligations in the dealings of organized peoples
with one another and further to encourage settlement of international dispute
by arbitration. The expression respect for international law is perhaps binding
force for such provision in the constitution under article 253 which says that
notwithstanding anything in the foregoing provisions of this chapter the
parliament has power to make any law for whole or any part of the territory of
India for implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international conference,
association or other body.

Indirect Control on State’s Legislative Power

and its Critique:
Apart from the provisions contained in Chapter I of Part XI which effect
legislative relations between the Union and the States there are certain other
provisions which also enable the parliament/union government to exercise
indirect control on the legislative power of the states in the federal set up and
all such provision are discussed as under
Article 31-A: Saving of laws Providing for Acquisition of estates, etc.:
Article 31-A provides immunity to laws providing for agrarian reforms from
article 14&19212, because it will not be available to a state’s law unless it has
received the assent of the president of India, no doubt such matter exclusively
falls within the state domain. The main purpose of this provision is to ensure
uniformity in law providing for agrarian reforms in the country.
Article 31-C: Saving of laws giving effect to certain directive principles:
States legislatures are empowered to pass any law with in their ambit to give
effect to the any of the directive principles in part IVth irrespective of
fundamental right like article 14 &19 granted to the citizens of India, provided
such legislation must be reserved for the consideration of the president to seek
his assent for the enforceability of such law and if president refused to assent
such enactment the protection provided by the provision will not be applicable
to such law of the state assembly.
Article 356:Provisions in case of failure of the constitutional machinery in
states:
Clause (1) (b) president may by proclamation declare that the powers of the
legislature of the state shall be exercisable by or under the authority of the
parliament. The law so framed during state emergency pertains to the matters
in state list shall continue to remain in force until altered or repealed or
amended by the competent legislature or other authority. So far the failure of
the constitutional machinery in the state of J&K is concerned, the relevant
provisions in this context are also incorporated in the constitution of the J&K
under section 92 and the proclamation so issued by governor of the state shall
remain in force for a maximum period of six months and thereafter the
president rule (governor rule) under article 356 can be imposed. Provision for
imposition of president rule in the state was extended to the state in 1964 with
modification.
Article 254: Inconsistency between laws made by parliament and laws made
by the legislatures of the states:
If any provision of the law made by the legislature of a state is repugnant to
any provision of a law made by the parliament, for which parliament is
competent to enact, or to any provision of an existing law with respect to one
of the matters enumerated in the concurrent list, then subject to the
provisions of clause (2) the law made by parliament whether passed before or
after the law made by the legislature of such state, or as the case may be, the
existing law, shall prevail and the law made by the legislature of the state shall,
to the extent of the repugnancy, be void. On other hand as per clause (2)
where a law made by the legislature of the state with respect to one of the
matters enumerated in the concurrent list contains any provision repugnant to
the provisions of an earlier law made by parliament or an existing law with
respect to that matter, then, the law so made by legislature of such state shall,
if it has been reserved for the consideration of 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
matter including a law addicting to, amending varying or repealing the law so
made by the state. Actually the question of repugnancy arises only in the
context of legislation on subjects enumerated in the concurrent list only
because both the clauses of article 254 use the expression, “repugnant”, such
provisions of a State law as are repugnant to a central law in the concurrent
sphere become invalid. But the question arises when we can say that there is
repugnancy or inconsistency between the two provisions.
In National Engineering Industries v Shri Krishan, the supreme court of India
observed that for a question of repugnancy two conditions must be fulfilled,
namely that the state law and the union law must operate in the same field
and one must be repugnant or inconsistent with the other. That the question
of repugnancy can arise only with reference to a Legislation falling under the
concurrent list is now well settled. In A.S Krishna v. State of Madras after
referring to Section to 107 of the Government of India Act,1935 which is in
term similar to clause (1) of Article 254, the supreme court observed that for
this section to apply two conditions must be fulfilled (1) the provisions of the
provincial law and those of the central legislation must both be in respect of a
matter which is enumerated in the concurrent list and (2) they must be
repugnant to each other. It is only when both these requirements are satisfied
that the provincial law will to the extent of the repugnancy become void.

Bibliography
 http://shodhganga.inflibnet.ac
 www.wikipedia.com
 www.careerride.com
 www.quora.com
 www.takshila.com
Index
1. Introduction
2. Predominance of Parliament
3. Union Legislative Power on State List: A critical study
 Art.249: in national interest
 Art 250: during emergency
 Art 252: in common interest of states
 To implement international obligations
4. Indirect power to legislate on state list
 Art 31-A: for acquisition of estate
 Art 31-C: for giving effect to certain directive principles
 Art 356: in case of failure of constitutional machinery
in state
 Art 254: inconsistency between laws made by
parliament and state legislature.
5. Bibliography
 UNIVERSITY OF LUCKNOW
Faculty of Law

Assignment of
Constitutional Law
Topic on:
Power of Parliament to make laws on State List
Subject: A critical study
Submitted to: Submitted by:
Dr. Kamaal Ahmed Khan Manjari Patel
LL.B.(Hons) III sem
Section: “B”
Roll no: 24