Indian Polity & Constitution22 Concepts & Facts

5 Situations Parliament Can Legislate on State List: Articles & Facts

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The Constitution of India establishes a dual polity with a federal distribution of legislative powers between the Union and the States, systematically delineated in Part XI (Articles 245 to 255) and organized into the threefold Seventh Schedule (List I: Union List, List II: State List, and List III: Concurrent List). Under normal constitutional circumstances, Article 246 vests exclusive legislative competence in the State Legislatures over the sixty-one subjects enumerated in the State List (such as public order, police, public health, local government, and agriculture). However, the Indian federal model was designed by the framers with a pronounced "unitary bias"—often characterized by legal scholars as a quasi-federal system—empowering the Union Parliament to override state legislative autonomy under exceptional national situations.

The Constitution specifically prescribes five extraordinary situations wherein Parliament is authorized to enact legislation on matters enumerated in the State List. The first situation arises under Article 249, where the Rajya Sabha (representing the States) passes a resolution supported by not less than two-thirds of its members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to make laws on a State subject. The second situation occurs under Article 250 during the operation of a Proclamation of National Emergency (under Article 352), which automatically confers concurrent power on Parliament to legislate for the whole or any part of India on any State List matter.

The remaining three situations address cooperative federalism, international commitments, and constitutional breakdown. Under Article 252, if the legislatures of two or more States pass resolutions requesting Parliament to enact a law on a State List subject, Parliament acquires the jurisdiction to legislate, with the resulting Act applying only to the consenting States and any others that subsequently adopt it. Under Article 253, Parliament possesses unreserved power to pass laws on any State subject to implement international treaties, conventions, or agreements without requiring state consent. Finally, under Article 356 (read with Article 357), when President's Rule is proclaimed in a State due to the breakdown of constitutional machinery, Parliament is empowered to exercise the full legislative powers of that State Legislature.

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The Seventh Schedule of the Indian Constitution divides legislative power into List I (Union List), List II (State List), and List III (Concurrent List).

Under Article 246, State Legislatures normally possess exclusive constitutional power to enact laws on subjects enumerated in the State List (List II).

The Constitution provides five specific extraordinary situations where the Union Parliament can legislate on matters in the State List.

Situation 1 (Article 249): Parliament can legislate on a State subject if the Rajya Sabha passes a resolution supported by a two-thirds (2/3rd) majority of members present and voting.

An Article 249 resolution must state that it is "necessary or expedient in the national interest" for Parliament to make such laws.

A resolution passed under Article 249 remains in force for a period not exceeding one year at a time, but can be renewed indefinitely for 1-year terms.

Laws enacted by Parliament under Article 249 cease to have effect 6 months after the Rajya Sabha resolution ceases to be in force.

Situation 2 (Article 250): Parliament acquires full power to make laws on any State List subject while a Proclamation of National Emergency (Article 352) is in operation.

Laws made by Parliament under Article 250 cease to have effect 6 months after the revocation of the National Emergency proclamation.

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Under Articles 249 and 250, State Legislatures can still enact laws on the same subject, but in case of conflict, the Parliamentary law prevails (Article 251).

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Situation 3 (Article 252): When the legislatures of two or more States pass resolutions requesting Parliament to legislate on a State List matter.

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An Act passed under Article 252 applies ONLY to the consenting States and to any other State that subsequently adopts it by resolution.

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Crucially, an Act passed under Article 252 CANNOT be amended or repealed by the State Legislature; it can be amended or repealed ONLY by Parliament.

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Major environmental and social Acts passed under Article 252 include the Wildlife (Protection) Act 1972 and the Water (Pollution Control) Act 1974.

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Other Acts enacted under Article 252 include the Prize Competitions Act 1955 and the Transplantation of Human Organs Act 1994.

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Situation 4 (Article 253): Parliament has full power to make laws on any State subject to implement any international treaty, agreement, or convention.

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Legislation under Article 253 requires NO consent, concurrence, or consultation from the States.

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Major statutes enacted under Article 253 include the Anti-Hijacking Act, the Geneva Conventions Act 1960, and TRIPS-compliant patent laws.

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Situation 5 (Article 356 & Article 357): When President's Rule is imposed on a State due to the breakdown of constitutional machinery.

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Under Article 357, the President can declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.

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Laws made by Parliament for a State under Article 357 continue in force even after President's Rule terminates, until altered or repealed by the State Legislature.

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Residuary powers of legislation (matters not listed in any of the three lists) belong exclusively to the Union Parliament under Article 248.

Subject Specialist Commentary

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Educator's Insight

Although the Indian Constitution grants States primary legislative authority over State List subjects, it provides five specific circumstances where Parliament can step in. These include when the Rajya Sabha passes a special resolution under Article 249, during a National Emergency under Article 250, when two or more States voluntarily request central legislation under Article 252, to implement international treaties under Article 253, and during President's Rule under Article 356.

UPSC and State PSC exams frequently frame tricky multi-statement questions around these five constitutional provisions. Pay close attention to Article 252: once Parliament passes a law at the request of two or more States, only Parliament can amend or repeal it, not the state assemblies. For revision, memorize the key articles in sequence: 249 (Rajya Sabha resolution), 250 (National Emergency), 252 (State request), and 253 (International treaties).

5 Situations Parliament Can Legislate on State List: Articles & Facts

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