Keith Mack
The legislative powers in India are divided into three lists: the Union List, the State List, and the Concurrent List. While the Union List and the Concurrent List are within the jurisdiction of the Parliament, the State List falls under the jurisdiction of the state legislatures. However, under extraordinary circumstances, the Parliament can make laws on matters enumerated in the State List. This exception to the federal structure is outlined in Article 249 of the Constitution of India, which states that if the Rajya Sabha passes a resolution with a two-thirds majority, declaring it necessary for the national interest, the Parliament can step in and legislate on items from the State List. Additionally, Article 252 enables the Parliament to make laws for states if legislatures of two or more states pass a resolution expressing their desire for a parliamentary law on a State List item.
| Characteristics | Values |
|---|---|
| Who can make laws on the State List | The Parliament or Central Government |
| When can they make laws on the State List | In the case of a national emergency, or if a state is placed under President's Rule |
| If two or more states desire to have a parliamentary law on any item listed in the State List | |
| If a subject has been referred to as being of national importance by the Rajya Sabha through a resolution passed by a 2/3 majority | |
| To implement an international treaty or convention |
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What You'll Learn
The Rajya Sabha passes a resolution
The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It is a permanent body that functions as the institutional representation of India's federal units, including states and union territories. The Rajya Sabha plays a crucial role in protecting the interests of the states and ensuring their perspectives are considered in the national legislation process.
While the Parliament of India can generally legislate on matters mentioned in the Union List and the Concurrent List, it can also make laws on items in the State List under specific circumstances. According to Article 249 of the Constitution of India, if the Rajya Sabha passes a resolution by a two-thirds majority, it can authorise the Parliament to make laws on subjects in the State List in the national interest. This resolution empowers the Parliament to legislate on matters that would typically fall under the purview of the states.
The resolution passed by the Rajya Sabha under Article 249 must be supported by at least two-thirds of the members present and voting. It declares that it is necessary or expedient in the national interest for Parliament to make laws regarding any matter specified in the State List. This resolution allows the Parliament to make laws for the whole or any part of the territory of India with respect to the matter in question.
The resolution passed under Article 249 remains in force for a period not exceeding one year, as specified in the resolution itself. However, if a resolution approving the continuance of the initial resolution is passed, it can be extended for a further period of one year from the date it would have otherwise ceased to be in force. It's important to note that a law made by Parliament due to this resolution will cease to have effect six months after the resolution is no longer in force.
In addition to Article 249, there are other circumstances under which the Parliament can legislate on subjects in the State List. According to Article 252, if the legislatures of two or more states pass a resolution, the Parliament can make laws for those states on items listed in the State List. Furthermore, during an Emergency or when a state is placed under President's Rule (Article 356), the Parliament can also enact laws on matters in the State List.
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Legislatures of multiple states pass a resolution
In India, the Parliament can make laws on matters mentioned in the Union List and the Concurrent List. However, in the Concurrent List, where the state legislatures and Parliament share jurisdiction, a union law takes precedence over state law unless the state law received prior presidential assent.
The Parliament can also make laws on items in the State List under specific circumstances. According to Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority of its members present and voting, declaring that it is in the national interest for Parliament to legislate on a matter in the State List, then Parliament can make such laws. These laws remain in force for up to a year but can be extended further through subsequent resolutions.
Additionally, as per Article 252, if legislatures of two or more states pass a resolution stating that it is desirable to have a parliamentary law on any item in the State List, the Parliament can make laws for those specific states. This is considered an abdication of the state legislature's power over that matter, and only Parliament can then legislate on it. Any other state may adopt these laws later by passing a similar resolution.
Some examples of laws passed under this provision include the Prize Competition Act, 1955, the Wild Life (Protection) Act, 1972, and the Transplantation of Human Organs Act, 1994.
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Emergency is in operation
In India, the Parliament can make laws on items in the State List if there is a national emergency or if any state is under President's Rule. This is according to Article 249 and Article 356 of the Constitution of India.
A national emergency can be proclaimed when there are "circumstances arising suddenly that call for immediate action by the public authorities under the powers granted to them." During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List, and the President can issue ordinances on State subjects if Parliament is not in session. The laws made during a national emergency become inoperative six months after the emergency has ceased to be in operation.
The President's Rule, as defined in Article 356, can be imposed when the President is satisfied that a situation has arisen in which the government of a state cannot be carried out in accordance with the provisions of the Constitution. The President's Rule can also be proclaimed if a state fails to comply with or to give effect to any direction from the centre, thus threatening the security of India or any part of its territory.
During a state of emergency, the Parliament can make laws on items in the State List, as per Article 249. For this to happen, the Rajya Sabha (the upper house of the Indian Parliament) must pass a resolution with a two-thirds majority of its members present and voting, declaring that it is necessary for the Parliament to make laws on items in the State List in the national interest. This resolution passed by the Rajya Sabha remains in force for a period not exceeding one year and can be extended further through subsequent resolutions.
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President's Rule is in effect
In India, the Parliament can make laws on items in the State List under certain circumstances. According to Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority, the Parliament can legislate on matters in the State List if it is deemed necessary in the national interest. Additionally, Article 252 states that if legislatures of two or more states request parliamentary law on a State List item, the Parliament can create laws for those states.
The President's Rule, outlined in Article 356 of the Indian Constitution, is one mechanism where the Parliament can directly intervene in state matters. Also known as 'Constitutional Emergency' or 'State Emergency', the President's Rule is imposed when there is a failure of constitutional machinery in a state, and the state government cannot function according to the constitutional framework. This can occur when the President, based on a report from the state's Governor or other means, is convinced that the state government cannot govern according to the Constitution.
The President's Rule empowers the Central government to suspend the State Legislature and administer the state through the office of the Governor. It is intended to restore constitutional order, ensure continuity of governance, and protect citizens' interests. The rule can be proclaimed for an initial period of six months with the approval of both Houses, and it can be extended for up to three years with Parliament's approval every six months. In rare cases, it can be extended further if the Election Commission of India deems that elections are not feasible.
The President's Rule has been criticised for its potential for misuse, as seen in the 1994 S. R. Bommai v. Union of India case, where the Supreme Court restricted arbitrary impositions of the rule. The 44th Constitutional Amendment Act of 1978 also introduced provisions to limit the extension of the President's Rule beyond one year, requiring a national emergency or certification from the Election Commission of India regarding difficulties in conducting assembly elections.
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Implementation of international treaties
In India, the Parliament can make laws on matters in the Union List and the Concurrent List. In the Concurrent List, where the state legislatures and Parliament share jurisdiction, a union law will prevail over state law unless the state law has received prior presidential assent. However, the Parliament can also make laws on items in the State List under specific circumstances. For instance, if there is an emergency or a state is under President's Rule (Article 356), the Parliament can enact laws on the State List. Additionally, according to Article 252, if legislatures of two or more states pass a resolution that it is desirable to have a parliamentary law on the State List, the Parliament can make laws for those states.
Now, regarding the implementation of international treaties, treaties are agreements between sovereign states or countries, and sometimes international organisations, that are binding under international law. Treaties can be bilateral or multilateral, and they can include the creation of rights for individuals. To become binding, there must be an intention for the agreement to be legally enforceable. Treaties are often referred to as 'agreements', 'conventions', 'protocols', or 'covenants'. The process of creating a treaty involves negotiations, drafting, and discussions, which are officially recorded in documents called Travaux Préparatoires. These preparatory documents provide valuable insights into the treaty-making process.
The implementation of international treaties involves adopting them into domestic law. For example, the Australian Treaties Library provides information on treaties under negotiation and their adoption into domestic law. This includes understanding the rights and obligations created by the treaty and ensuring they are binding within the country's legal framework. Additionally, libraries and databases offer access to key documents in full text, providing up-to-date information on the legal status of treaties related to various topics, such as the laws of war, human rights, international trade, and environmental protection.
The process of implementing international treaties ensures that the agreements made between nations or organisations are integrated into the legal systems of the signatories. This involves interpreting the treaty's provisions and determining how they will be applied and enforced domestically. It also involves understanding the rights and obligations created by the treaty and ensuring they are respected and fulfilled. By doing so, countries uphold their international commitments and contribute to a more stable and predictable global order.
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Frequently asked questions
The Parliament can make laws on items in the State List under certain circumstances.
According to Article 249, Parliament can make laws on the State List if the Rajya Sabha passes a resolution by a two-thirds majority of its members, declaring that it is in the national interest for Parliament to do so.
The State List or List-II is a list of 61 items in Schedule Seven of the Constitution of India. The legislative section is divided into three lists: the Union List, the State List, and the Concurrent List.
Yes, the Union Parliament or Central Government can make laws on the State List in the following circumstances:
- If the Rajya Sabha passes a resolution by a two-thirds majority, declaring the subject to be of national importance.
- If two or more states desire for the Central Government to make laws, as per Article 252.
- If there is an emergency due to war, external or internal aggression, or if the President's rule has been declared in the state.
- To implement an international treaty or convention.
