Fig. Important Legislative Competence

The powers which are not "enumerated" in any of the lists in the 7th Schedule (Residuary Powers) are vested in the Centre (Article 248) like in Canada and unlike the USA, Australia and Switzerland.

The Constitution also provides that in case of overlapping, the Union List prevails over the other two and Concurrent List prevails over the State List.

Further, under special conditions, the Parliament can legislate on subjects included in the State List, under some specific circumstances, which are as follows:

(i) In the National Interest (Art.249) - If the Council of States (Rajya Sabha) declares that it is necessary for the Centre to legislate upon a subject in the State list, in national interest, and passes a resolution to this effect, with a majority of at least 2/3rd of members present and voting. This resolution remains in force for a year and can be renewed any number of times, but for not more than one year at a time. The laws so made do not have any effect six months after the resolution has ceased to be in force. At the same time, the State can also legislate upon the same subject, but in case of any inconsistency, laws of the Centre prevail. This particular feature makes the entire legislative process federal in nature.

(ii) By Agreement between States (Art. 252) - When two or more State Legislatures pass a resolution, requesting the Parliament to legislate upon a subject in the State List. The law passed by Union Parliament shall be applicable only to the States, which demanded such legislation. Any other State may later adopt it by passing a resolution to that effect. In this case, States cease to have power to legislate upon that subject and only the Parliament can amend or repeal such a law. In past, laws have been made using this provision, some of them are: Wildlife (Protection) Act 1972, Urban Land (Ceiling and Regulation) Act.

(iii) To Implement International Treaties and Agreements (Art. 253) - This provision enables the central government to fulfil its international obligations. The Lokpal and the Lokayuktas Bill, 2011 was introduced in the Parliament through the provisions of this particular article.

(iv) Under Proclamation of National Emergency (Article 352) - During national emergency, the Parliament can legislate upon any subject in the State List. Such a law becomes inoperative on expiration of six months after the emergency has ceased to operate. However, at the same time the State can also legislate upon the same subject, but in case of any inconsistency, laws of the Centre prevail.

(v) Under Proclamation of President’s Rule (Art.356) - During President’s rule in a State, the Parliament can make laws with respect to any subject in the State list, in relation to that state. Such a law continues to be operative even after the President’s rule. But it can be repealed, altered or re-enacted later by the State Legislature.