Powers of the Union Parliament to legislate on State List subjects

Powers of the Union Parliament to legislate on State List subjects

The Parliament can make laws on the subjects mentioned in the State List in the following circumstances:

1. When a resolution is passed by the Rajya Sabha by two-thirds majority making it lawful for the Parliament to legislate on a subject mentioned in the State List in national interest (Art.249).

2. When a proclamation of emergency is in operation, the Parliament has the power to make laws for the whole or any part of India on any of the matters stated in the State List (Art.250).

3. When two or more States give their consent and pass resolutions for the same in their respective Legislatures to enable the Parliament to make a law on any matter listed in the State List (Art.252). Any such law will be applicable to only those States which have passed such resolution, not to all states.

4. The Parliament has the power to make laws for the whole or any part of India for implementing any treaty, agreement or convention with any other country or any decision made at any international conference etc. (Art.253)


Residuary powers of the Parliament

As per article 248, Parliament has exclusive power to make any law with respect to any matter not listed in the Concurrent List or State List.  This power of the Parliament is known as its residuary power of legislation.


Exclusive powers of the Rajya Sabha

The Rajya Sabha enjoys two exclusive powers:

1. As per Article 249, the Rajya Sabha can pass a resolution by two thirds majority of its members for declaring a State List subject of national importance. Such a resolution empowers the Parliament to legislate on such State subject for a period of one year.

2. The Rajya Sabha also has the power to create one or more new All India Service by passing a resolution with two thirds majority of its members. It can discontinue an existing All India Service as well.


Some appreciation please!




  Posted on Monday, August 22nd, 2016 at 12:10 PM under   Polity