"Under the Indian Constitution, Parliament is empowered to make law even on the subjects enumerated in the State List". Discuss the power of Parliament to make Laws on State List.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
"Under the Indian Constitution, Parliament is empowered to make law even on the subjects enumerated in the State List". Discuss the power of Parliament to make Laws on State List.
Answer & Explanation:
Under the following circumstances the Parliament is authorised to make Laws on the subjects enumerated in the State List - In the National Interest (Article 249) - Parliament can make a law with respect to a matter enumerated in the State List if the Council of States declares by a resolution supported by two-thirds of its members present and voting, that it is necessary or expedient in the national interest that Parliament should make a law on that matter. By such declaration Parliament gets the authority to legislate on that matter for the whole or part of the country so long as the resolution of the Council of States remains in force. But such resolution shall remain in force for a period not exceeding one year. During a proclamation of emergency (Article 250) - While a Proclamation of Emergency is in operation, Article 250 of the Constitution of India removes restrictions on the legislative authority of the Union Legislature in relation to the subjects enumerated in the State List. Thus, during emergency, Parliament shall have power to make laws for the whole or any part of the territory of India with respect to all matters in the State List. Breakdown of Constitutional Machinery in a State (Article 356 and 357) - In case the Governor of a State reports to the President, or if he is otherwise satisfied that the Government of a State cannot be carried on according to the provisions of the Constitution, then he (President) can make a proclamation to that effect. By that proclamation, he can assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State, and declare that the powers of Legislature of that State shall vest in Parliament. On the request of two or more States (Article 252) - Article 252 of the Constitution enumerates the power of Parliament to legislate for state. The exercise of such power is conditional upon an agreement between two or more States requesting Parliament to legislate for them on a specified subject. Legislation for enforcing international agreements (Article 253) - Parliament has exclusive power with respect to foreign affairs and entering into treaties and agreements with foreign countries and implementing of treaties and agreements and conventions with foreign countries. But a treaty or agreement concluded with another country may require national implementation and for that purpose a law may be needed. To meet such difficulties, the Constitution authorises the Parliament to make law on any subject included in any list to implement: any treaty, agreement or convention with any other country or countries, or any decision made at any international conference, association or other body.
Topics: Constitutional Law
Related Questions in this Topic
- Explain the constitutional provisions governing government contracts under the Constitution of India. Discuss the essent...
- The Government of a State announces a welfare policy aimed at improving the living conditions of economically weaker sec...
- In the state of Uttar Pradesh, the Government, citing concerns of maintaining public order and preventing potential unre...
- In the state of Uttar Pradesh, the Government, citing concerns of maintaining public order and preventing potential unre...
- In the state of Uttar Pradesh, the Government, citing concerns of maintaining public order and preventing potential unre...