Table of Contents
Article 245 – Extent of Laws Made
Article 245 provides that:
- Parliament can make laws for the whole or any part of India.
- State Legislature can make laws for the whole or any part of the State.
Article 246 – Subject Matter of Laws
Article 246 provides that
- Parliament has power to make laws on matter of I list of seventh schedule i.e. Union list.
- Parliament and State legislature both have power to make laws on matter of III list of seventh schedule i.e. Concurrent list/
- State legislature has power to make laws on matter of II list of seventh schedule i.e. State list.
- Parliament has power to make laws on all matters except the matters enumerated in state list.
Article 248 – Residuary Powers
- Parliament has exclusive power to make laws on matters not enumerated in the State or Concurrent List.
- This includes the power to impose new taxes not mentioned in either list.
Power of parliament to legislate on state matters is mentioned under Article 249, 250,252, 253 and 254 of Indian Constitution.
Article 249 – National Interest
Parliament can legislate on State List subjects if:
- The council of states has declared by resolution supported by at least two-thirds of the members present and voting that for protecting national interest it is necessary that parliament should make laws on the state list
- Such a resolution is valid for 1 year and may be renewed.
- Laws made at time remain in force for 6 months after expiry of the resolution.
Article 250 – During Emergency
- During a Proclamation of Emergency, Parliament may make laws on subjects in the State List.
- Laws remain valid during the emergency and for 6 months after it ends.
Article 252 – Law at Request of States
- Two or more States may pass a resolution allowing Parliament to legislate on a State List matter.
- Such laws apply only to those States, unless other states adopt it later.
Article 253 – International Agreements
- Article 253 provides that parliament has the power to make law for the whole of India or any part of the territory for implementing any international treaty, agreement, or convention with other countries or international organizations.
Article 254 – Inconsistency Between Union and State Laws
- Article 254 provides that in conditions when the laws made by state legislature are repugnant to the laws made by parliament. The law made by parliament shall prevail over law made by state legislature, and the repugnant provision will be held void
- However, if State law receives Presidential assent then, it shall prevail within that State.
Conclusion
The Constitution maintains a balance between Union and State legislatures by clearly defining legislative boundaries while enabling flexibility during national crises or international obligations. This balance reflects the unique character of Indian federalism—strong but adaptable.
