Kara Sears
The Indian Constitution grants Parliament the power to make laws on matters in the State List under extraordinary circumstances. This is referred to as Residuary Power. According to Article 246, Parliament has exclusive power over the Union List, and joint power with the State Legislature to make laws on the Concurrent List. The State Legislature has exclusive power over the State List, but Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by a two-thirds majority, or if legislatures of two or more states pass a resolution that it is desirable to have a parliamentary law on an item listed in the State List.
| Characteristics | Values |
|---|---|
| Legislative body | Parliament, State Legislature |
| Legislative power | Exclusive, joint |
| Legislative topics | Union List, Concurrent List, State List |
| Legislative scope | India, individual states |
| Legislative authority | President, Rajya Sabha, State Legislature |
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What You'll Learn
- The Parliament can make laws on any matter for any part of India
- The Union Parliament can make laws on subjects in the Union List
- State Legislatures can make laws on the State List
- Both Union Parliament and State Legislature can make laws on the Concurrent List
- The President can summon or adjourn the House of Parliament
The Parliament can make laws on any matter for any part of India
The Indian Constitution divides the legislative powers between the centre and the states with respect to both the territory and the subjects of legislation. The Parliament of India has the power to make laws on any matter for any part of India. This power is derived from Article 246 of the Indian Constitution, which outlines the subject matter of laws made by Parliament and the Legislatures of States.
Article 246 gives Parliament the exclusive power to make laws with respect to any of the matters enumerated in the Union List (List I in the Seventh Schedule). This includes matters such as defence, foreign affairs, currency, and interstate trade. Parliament also has the power to make laws on matters in the Concurrent List (List III in the Seventh Schedule), which includes topics that are desirable but not essential for the Union and State Lists, such as forests, protection of wildlife, and marriage laws.
In addition, Parliament can make laws on matters in the State List (List II in the Seventh Schedule) under certain circumstances. These include when an Emergency is declared, when President's Rule is imposed in a state, or when it is necessary for the implementation of international treaties or agreements. Parliament can also make laws on matters in the State List if two or more state legislatures consider it desirable.
The Indian Constitution further empowers Parliament to make 'extra-territorial legislation', meaning that the laws of Parliament are applicable to Indian citizens and their property in any part of the world. This demonstrates the comprehensive legislative powers vested in the Parliament of India, enabling it to enact laws that govern the country and its citizens both within and outside the territorial boundaries of India.
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The Union Parliament can make laws on subjects in the Union List
The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List. This includes matters such as major ports, shipping and navigation, railways, airways, posts and telegraphs, foreign affairs, and more.
In addition, the Union Parliament can also make laws on subjects in the State List, provided that the motion is supported by at least two-thirds of the members present and voting. This is outlined in Article 249 of the Constitution.
Furthermore, the Union Parliament has the power to make laws on subjects that are not mentioned in any of the three lists (the Union List, State List, and Concurrent List). This is known as Residuary Power and is outlined in Article 248 of the Constitution. This allows the Union Parliament to legislate on matters that are not specifically allocated to the states, ensuring that there is a clear division of powers between the Union and state governments.
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State Legislatures can make laws on the State List
In India, the State Legislatures can make laws on the State List. This is outlined in Article 246 of the Constitution of India, which defines the federal structure of the country by outlining the lawmaking powers of the Union Parliament and the State Legislatures.
The State List (List II in the Seventh Schedule) includes subjects that are under the exclusive jurisdiction of the State Legislatures. This means that the State Legislatures have the sole authority to make laws pertaining to the topics mentioned in the State List. These topics often relate to issues that are specific to a particular state or region and may include matters such as police, libraries, schools, driver's licenses, and local taxation.
The State List ensures that the State Legislatures have the autonomy to address the unique needs and concerns of their constituents. It allows for laws to be tailored to the specific cultural, social, and economic context of each state, recognizing that a one-size-fits-all approach may not effectively serve the diverse population of India.
The State Legislatures are composed of elected representatives who introduce, debate, and vote on bills that become laws. They also have the power to approve the state budget, initiate tax legislation, and propose articles of impeachment, mirroring the structure and functions of the Union Parliament.
It is important to note that while the State Legislatures have exclusive powers over the State List, there is also a Concurrent List (List III in the Seventh Schedule). On this list are matters on which both the Union Parliament and the State Legislatures have shared legislative powers. In the case of a conflict between laws made by the Central Government and those made by the State Legislatures on these concurrent matters, the laws made by the Central Government prevail.
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Both Union Parliament and State Legislature can make laws on the Concurrent List
In India, the Union Parliament and State Legislature can make laws on the Concurrent List. This is outlined in Article 246 of the Constitution of India, which defines the scope of law-making powers for both the Union Parliament and the State Legislatures. The Concurrent List includes matters that are desirable but not essential to be included in the Union or State Lists.
The Union Parliament has exclusive power to make laws on any matter for any part of India's territory, including those enumerated in the Union List (List I in the Seventh Schedule). This includes subjects that are not mentioned in any of the three lists. Additionally, under Article 249, the Parliament can make laws on items in the State List if a resolution is passed by a two-thirds majority in the Rajya Sabha, deeming it necessary for the national interest.
The State Legislature has exclusive power to make laws for its respective state regarding matters in the State List (List II in the Seventh Schedule). However, under Article 252, if two or more state legislatures pass a resolution, they can request parliamentary law on any item listed in the State List, granting Parliament the authority to create laws for those states.
When it comes to the Concurrent List (List III in the Seventh Schedule), both the Union Parliament and State Legislature have the joint power to make laws. In the case of a conflict between a state law and a union law on the Concurrent List, the union law will prevail unless the state law received earlier presidential assent. The Parliament can also enact laws at any time to add to, amend, or repeal a law made by a state legislature on a Concurrent List matter.
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The President can summon or adjourn the House of Parliament
In India, the President has the authority to summon or adjourn either House of Parliament or dissolve the Lok Sabha. This power is granted by Article 85 of the Indian Constitution. The President exercises the power to summon the Houses based on the recommendation of the Prime Minister or the Cabinet. However, there is a limit on the period of summoning, and the President cannot summon either House in a way that results in more than six months between their last session and their first sitting.
Parliament sessions begin with a "summoning" by the President, and according to Article 85, this must happen at least twice a year. An adjournment temporarily suspends a Parliament sitting for hours, days, or weeks, without affecting pending bills or business, which are then resumed upon reconvening. The adjournment ends the meeting of a House, and depending on the duration, the meeting of the House is resumed.
The President can also prorogue either House of Parliament, which means terminating a session of the House by an order from the President. The President can prorogue the House while it is in session, and this normally follows the adjournment of the sitting of the House sine die (until further notice or without a fixed future date).
The Lok Sabha can be dissolved automatically after a five-year term or through a presidential decree. This dissolution is irreversible if done before the completion of its normal term. The President's power to dissolve the Lok Sabha is also outlined in Article 85 of the Constitution.
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Frequently asked questions
The Union Parliament has the power to make laws on the central list, also known as the Union List.
The Union List, or List I, is a list of subjects in the Seventh Schedule of the Indian Constitution. It includes topics that are not essential to be kept in the Concurrent List or State List.
According to Article 249, the Parliament can make laws on the State List if a resolution is passed by a two-thirds majority in the Rajya Sabha, or if legislatures of two or more states pass a resolution as per Article 252.
