In which circumstances does the Parliament become empowered to make a law under the State list? Also, state whether in these circumstances the power of the State Legislatures get suspended or become concurrent with Parliament.

Question: In which circumstances does the Parliament become empowered to make a law under the State list? Also, state whether in these circumstances the power of the State Legislatures get suspended or become concurrent with Parliament. [BJS 2017]

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Answer

The distribution of powers between State and Centre is clearly defined in the Indian Constitution. The Parliament doesn’t have the power to legislate on the subjects enumerated in the state List II of the Seventh Schedule in the Constitution. However, there are certain exceptions to this general law. There are certain cases wherein the Parliament becomes empowered to legislate for the States which have been envisaged under Article 249 to 253 of the Indian Constitution. The four circumstances under which the Parliament becomes empowered to make a law under the State List, and the consequent effect on the power of the state legislatures is explained below:

1. The first instance is the power of Parliament to make laws in the State list in the national interest. Article 249 states that if the Rajya Sabha, as a representative of the States, passes a resolution by a special majority requesting the Parliament to enact a law on the State subject, the Parliament can pass a bill for same. While the resolution is in force, the Parliament may enact a law, and the life of such legislation would be six months from the expiry of the resolution, which is in effect for one year unless extended. This power of the Parliament is used only during national emergencies.
2. The second instance is the power of Parliament to make laws on state subject when a proclamation of emergency is in operation. According to Article 250, when the proclamation of emergency is in operation in the country, the Union Legislature has the power to make law for any State on any subject. Under Article 251, if the Parliament has made law on a state subject under Article 249 or 250 and the State legislature makes a law on the same subject, then the State law would be subject to the doctrine of repugnancy.
3. The third instance is enumerated under Article 252. When two or more states have passed a resolution that the Parliament should regulate on a matter in the State List, the Parliament can pass a law for the same. When the resolution is passed by the State legislature, the powers of the State have been surrendered to the Parliament. The power conferred on the Parliament is to pass the Act, and to make subsequent amendments or to revoke the Act. However, the consent of the States is required for subsequent amendments and revocation. The doctrine of repugnancy is not applicable over here as the States no longer have the power to legislate on that subject.
4. The fourth instance is the power of the Parliament to pass laws on State subjects for giving effect to international agreements. According to Article 253, the Union Legislature has the power to legislate on State subjects to comply with its international agreements.

Thus, these are the four instances where the Parliament is empowered under Articles 249 to 253 to encroach on the fields which are meant exclusively for State legislation, though subject to the abovementioned conditions being satisfied. This shows that Indian federalism has a strong Centre that can exercise its power when the circumstances call to do so.

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