Examine the provisions under the Indian Constitution that authorize the Parliament to legislate on the subject-matters of the State List of the Seventh Schedule.
The Seventh Schedule of the Constitution primarily assigns State List subjects to state legislatures, reflecting federal distribution of powers. Yet, the Constitution incorporates several exceptions authorizing Parliament to legislate on these subjects under special circumstances, underscoring India’s quasi-federal character.
Article 249 (National Interest): Parliament may legislate on a State List matter if the Rajya Sabha passes a resolution by a two-thirds majority declaring it necessary in the national interest. Such legislation remains effective for one year, renewable annually, and is usually invoked for ensuring uniform national policy.
Article 250 (Emergency): During a Proclamation of National Emergency under Article 352, Parliament can legislate on any State List subject. These laws, however, lapse six months after the emergency ends.
Article 252 (State Consent): When two or more states consent through resolutions, Parliament may legislate for them on State List subjects. Other states may adopt the legislation later, making this a mechanism of cooperative federalism.
Article 253 (International Obligations): Parliament possesses exclusive authority to legislate for implementing treaties, international agreements, or conventions, even on matters otherwise reserved for states, thereby enabling India to meet its global commitments.
Article 356 (President’s Rule): When constitutional machinery in a state fails and President’s Rule is imposed, Parliament assumes the power to legislate for that state, including on State List subjects. Such laws operate as state laws until normal governance is restored.
Together, these provisions balance state autonomy with national unity, ensuring flexibility in governance and enabling Parliament to act in extraordinary situations.
Answered By:
Sarvesh Jha
Sarvesh Jha is a seasoned government exam mentor with firsthand success in top exams like IBPS PO, SBI PO, CDS, RRB JE, SSC CGL, BPSC, and CTET. Known for his deep conceptual clarity and strategic approach, he has guided over 5000 students through personalized mentorship. He has been creating well researched content for last 5 years.
Similar Questions
Where does the Constitution of India vest executive power with respect to subject-matters in the Concurrent List over which both the Union and States have legislative powers? Explain.
If Article 21 confers on a person the right to live a dignified life, does it also include a right not to live ? Examine the Constitutional Provisions with the help of decided case laws.
"It is often said that the decision of the Supreme Court in L. Chandra Kumar Vs. Union of India (1997) has defeated the very raison d'etre of establishing administrative tribunals in India." Discuss.
"The doctrine of Separation of Powers in its classical structural form is not followed in any country." Critically evaluate this statement with reasons.
Critically examine, with the help of decided cases, the power of the President to consult the Supreme Court.
"The Directive Principles of State Policy are fundamental in the governance of the country, and it shall be the duty of the State to apply these Principles in making laws." Illustrate the legislations, which have been enacted for the implementation of Directive Principles.
"It is significant that the State shall secure the operation of legal system to promote justice on the basis of equal opportunity." Examine the provisions under the Constitution and Legal Services Authorities Act, 1987.
What are the powers, privileges and immunities of Houses of Parliament in India? Do they have the power to expel any of their members for breach of privileges? If so, are such expulsions subject to judicial review ? Discuss.
"In any democratic society, judicial review of administrative action is the soul of the system. Without it, democracy, and rule of law cannot be maintained." Explain with example.
"It was claimed in the Constituent Assembly that the Constitution of India has in fact, laid down a very 'facile' procedure for the amendment of the Constitution." Do you think the Doctrine of Basic Structure significantly limits the amending power under Article 368? Elucidate.
Important Questions from Miscellaneous
Write a note in 150 words
Mendelian and non-Mendelian traits.Write a note in 150 words
Theoretical significance of Purum kinship-system.Write a note in 150 words
Smell as a signal among non-human primates.Write a note in 150 words
Osteodontokeratik culture and its makers.Discuss the Miocene hominoid remains and their significance in evolution.
