law optional 2025 paper I solved

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.

Verified Answer

The Indian Constitution establishes a federal system with a clear division of legislative powers between the Union and the States, as outlined in the Seventh Schedule. This schedule contains three lists: the Union List (Parliament has exclusive power), the State List (State Legislatures have exclusive power), and the Concurrent List (both Parliament and State Legislatures can legislate). Generally, Parliament cannot legislate on subjects enumerated in the State List. However, the Constitution provides for several exceptional circumstances where Parliament is empowered to make laws on matters falling within the State List, reflecting the quasi-federal nature of the Indian polity. These provisions are crucial for maintaining national unity, addressing emergencies, and fulfilling international obligations.

Here are the key constitutional provisions that authorize Parliament to legislate on State List subjects:

  1. Article 249: In the National Interest:

    • If the Rajya Sabha (Council of States) passes a resolution by a special majority (two-thirds of the members present and voting) declaring that it is necessary or expedient in the national interest for Parliament to legislate on a particular matter in the State List, then Parliament can make laws on that matter.
    • Such a resolution remains in force for a maximum period of one year but can be extended for another year by a fresh resolution. Laws made under this provision cease to have effect six months after the resolution ceases to operate.
  2. Article 250: During a Proclamation of Emergency:

    • While a Proclamation of Emergency (under Article 352) is in operation, Parliament acquires the power to make laws on any matter enumerated in the State List for the whole or any part of the territory of India.
    • Laws made under this provision cease to have effect on the expiration of six months after the Proclamation of Emergency has ceased to operate.
  3. Article 252: By Agreement between States:

    • If the legislatures of two or more states pass resolutions requesting Parliament to make a law on a matter enumerated in the State List for those states, Parliament can then enact such a law.
    • This law will apply only to those states that have passed the resolution and any other state that subsequently adopts it by a resolution. Importantly, only Parliament can amend or repeal such a law, not the state legislatures.
  4. Article 253: To Implement International Treaties:

    • Parliament has the exclusive power to make any law for the whole or any part of the territory of India for implementing any international treaty, agreement, or convention, or any decision made at an international conference, association, or other body.
    • This power extends even to matters enumerated in the State List, ensuring that India can fulfill its international commitments without being hindered by the federal division of powers.
  5. Article 356 & 357: During President's Rule:

    • When President's Rule is imposed in a state (under Article 356) due to the failure of constitutional machinery, Parliament is empowered to make laws with respect to any matter for that state. This is because the powers of the state legislature are exercised by or under the authority of Parliament.
    • Laws made under this provision continue to be in force even after the President's Rule is revoked, unless altered or repealed by the state legislature.
  6. Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States:

    • Parliament has the power to make laws for the formation of new states, increase or decrease the area of any state, alter the boundaries or names of any state. While this is not directly legislating on a State List subject, it involves altering the very units of the federation, which inherently impacts state jurisdiction and matters that would otherwise fall under state legislative competence.

These provisions demonstrate the flexible nature of Indian federalism, allowing the Union Parliament to assume legislative authority over State List subjects under specific, constitutionally defined circumstances. This flexibility is crucial for addressing national exigencies, promoting cooperative federalism, and ensuring the overall unity and integrity of the country.