Parliament's power to Legislate on State

Article 249, 250, 252, 253 and 256 of Indian Constitution

Parliament’s power to Legislate on State Subjects:- (Article 249 of Indian constitution, Art 250, Art 252, Art 253 and Art 256)

Though in normal times the distribution of powers must be strictly maintained and neither the State nor the Center can encroach upon the sphere allotted to the other by the Constitution. yet in certain exceptional circumstances the above system of distribution is either suspended or the powers of the Union Parliament are extended over the subjects mentioned in the State List. The exceptional circumstances are :

Article 249 of Indian Constitution

Article 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest

(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force

(2) A resolution passed under clause ( 1 ) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause ( 1 ), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force

(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause ( 1 ) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

EXPLANATION OF ARTICLE 249 OF INDIAN CONSTITUTION

Power of Parliament to legislate in the national interests–According to Article 249 of Indian Constitution clause (I), if the Rajya Sabha passes a resolution supported by 2/3 of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to goods and service tax provided under Article 246A or any matter enumerated within State Law, then it shall be lawful for the Parliament to make laws for the whole or any part of the territory of India with respect to that matter so long as the resolution remains in force. Such a resolution normally lasts for a year; it may be renewed as many times necessary but not exceeding a year at a time. These laws of Parliament will, however, cease to have effect on the expiration of the period of six months after resolution has ceased to operate.

Article 250 in The Constitution Of India

Article 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have, power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

EXPLANATION OF ARTICLE 250

During a Proclamation of Emergency -According to Article 250 of Indian Constitution while the Proclamation of Emergency is in operation the Parliament shall have power to make laws for the whole or any part of the territory of India with respect to goods and service tax provided under Article 246A or any of the matters in the State List. Such a law, however, shall cease to have effect on the expiration of six months after the proclamation of emergency has ceased to operate.

Article 252 in The Constitution Of India 1949

Article 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the House of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

EXPLANATION OF ARTICLE 252

Parliament’s power to legislate with the consent of the StatesAccording to Article 252 of Indian Constitution if the Legislature of two or more States pass resolution to the effect that it is desirable to have a law passed by Parliament on any matters in the State List, it shall be lawful for Parliament to make laws regulating that matter. Any other State may adopt such a law by passing a resolution to that effect. Such law can only be amended or repealed by the Act of Parliament.

Article 253 in The Constitution Of India

Article 253-Legislation for giving effect to international agreements Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

EXPLANATION OF ARTICLE 253

Parliament’s power to legislate for giving effect to treaties and international agreements Article 253 of Indian Constitution empowers the Parliament to make any law for the whole or any part of the territory of India for implementing treaties and international agreements and conventions. In other words, the normal distribution of powers will not stand in the way of Parliament to pass a law for giving effect to an international obligation even though such law relates to any of the subject in the State List. Article 253 of Indian Constitution enables the Government of India to implement all international obligations and commitments. Treaties are not required to be ratified by Parliament. They are. however, not self-operative. Parliamentary legislation will be necessary for implementing the provisions of a treaty. But laws enacted for the enforcement of treaties will be subject to the constitutional limits, that is. such a law cannot infringe fundamental right.

Article 256 in The Constitution Of India 1949

Article 256 of Indian Constitution -Obligation of States and the Union The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

EXPLANATION OF ARTICLE 256

In case of failure of constitutional machinery in a State.-Under Article 256 Parliament is empowered to make laws with respect to all matters in the State List when the Parliament declares that the Government of the State cannot be carried‘on in accordance with the provisions of the Constitution.

CONCLUSION

Thus from the scheme of distribution of legislative powers between the Union and the States it is quite evident that the framers have given more powers to the Union Parliament as against the States. The States are not vested with exclusive jurisdiction even over the subjects assigned to the States by the Constitution and thus it makes the States to some extent subordinate to the Centre. Indeed this is a clear departure from the strict application of the federal principle followed in America and Australia. Critics of our Constitution take these provisions in support of their arguments that due to these provisions the federal character of the Indian Constitution, if not disappeared, has been greatly modified.

Parliament's power to Legislate on State
ARTICLE 250

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