The Indian Constitution divides legislative powers between the Union and the States. Generally, the Parliament can legislate on subjects in the Union List, and State Legislatures on subjects in the State List. However, under specific circumstances, the Parliament is empowered to make laws on matters enumerated in the State List.
Parliamentary Power Over State List Subjects
The Parliament can legislate on matters within the State List under the following constitutional provisions:
-
Rajya Sabha Resolution (Article 249): If the Rajya Sabha passes a resolution supported by a two-thirds majority of members present and voting, declaring that a subject in the State List has assumed national importance, Parliament can legislate on that subject for a period of one year. This power can be extended.
-
National Emergency (Article 250): When a Proclamation of National Emergency is in operation, the Parliament acquires the power to legislate on any matter enumerated in the State List. Such laws cease to operate six months after the emergency ends.
-
States' Request (Article 252): If the legislatures of two or more states pass resolutions requesting Parliament to legislate on a specific matter from the State List, Parliament can enact a law for those states. Such an act can be amended or repealed only by an act of Parliament itself.
-
Implementation of International Agreements (Article 253): Parliament can make laws for the whole or any part of India to implement any treaty, international agreement, or convention. This power extends to matters in the State List, even if they are not of national importance.
Invalid Circumstance
-
Prime Minister's Discretion: There is no provision in the Indian Constitution that grants the Prime Minister the discretionary power to allow Parliament to legislate on State List matters. Such legislative powers are governed by specific constitutional articles.
Therefore, the Parliament can make laws on matters in the State List when:
- The Rajya Sabha passes a resolution to that effect (1).
- During a National Emergency (2).
- When states make a request (3).
- To implement international agreements (4).
Option 5 is incorrect as it is not a constitutional provision.