Parliament’s Power to Legislate on State List Matters in National Interest (Article 249)
Indian Polity › Centre-State Relations · Topic 22.4
Parliament can legislate on State List matters through a two-thirds Rajya Sabha resolution (Article 249), during a National Emergency, on request of two or more states (Article 252), to implement treaties (Article 253), and during President’s Rule.
5 min read · UPSC Prelims · Polity · Centre-State Relations
At a Glance
- What it is Five situations in which Parliament can legislate on the State List
- Articles 249, 250, 252, 253 and 356
- Article 249 Rajya Sabha resolution by two-thirds
- Duration One year at a time
- Exam link UPSC Prelims, Polity: Centre-State Relations
Where Does It Fit?
This is the fourth topic of the category on Centre-State Relations. The normal scheme of distribution of powers is maintained in normal times. In abnormal times, it is modified or suspended: the Constitution empowers Parliament to make laws on any matter in the State List under five extraordinary circumstances.
The Five Situations
| Situation | Key features |
|---|---|
| A. Rajya Sabha resolution (Article 249) | If the Rajya Sabha declares by two-thirds of members present and voting that it is necessary in the national interest for Parliament to legislate on a State List matter (or GST), Parliament can do so. The resolution remains in force for one year, renewable any number of times by a year at a time. Laws cease six months after the resolution ends. State legislature power is not restricted, but central law prevails in conflict |
| B. National Emergency (Article 250) | While a proclamation of National Emergency is in operation, Parliament can legislate on State List matters (and GST); laws become inoperative six months after the emergency ceases; state power not restricted but central law prevails |
| C. State request (Article 252) | When legislatures of two or more states pass resolutions requesting Parliament to legislate on a State List matter, Parliament can; the law applies only to those states, other states may adopt it by resolution; only Parliament can amend or repeal it; the state legislature ceases to have power on that matter |
| D. International agreements (Article 253) | Parliament can legislate on any State List matter to implement international treaties, agreements or conventions |
| E. President’s Rule (Article 356) | Parliament can make laws on any State List matter in relation to that state; the laws continue after President’s Rule but can be repealed, altered or re-enacted by the state legislature |
Examples
Laws passed with the consent of states under Article 252 include the Prize Competition Act, 1955; the Wild Life (Protection) Act, 1972; the Water (Prevention and Control of Pollution) Act, 1974; the Urban Land (Ceiling and Regulation) Act, 1976; and the Transplantation of Human Organs Act, 1994. Laws to implement international agreements include the United Nations (Privileges and Immunities) Act, 1947; the Geneva Convention Act, 1960; the Anti-Hijacking Act, 1982; and legislation relating to the environment and TRIPS.
Effect of a State Resolution under Article 252
The effect of passing a resolution under Article 252 is that Parliament becomes entitled to legislate with respect to a matter for which it has no power, while the state legislature ceases to have the power on that matter. The resolution operates as an abdication or surrender of the power of the state legislature, placing it entirely in the hands of Parliament, which alone can then legislate on it. A law so made applies only to the states that have passed the resolutions, but any other state may adopt it later.
Duration and Conflict Rules in Brief
| Route | Duration of the central law | Conflict with a state law |
|---|---|---|
| Article 249 | Ceases six months after the resolution lapses | Central law prevails |
| Article 250 (emergency) | Ceases six months after the emergency ends | Central law prevails |
| Article 252 (consent) | Continues; only Parliament can repeal or amend it | State loses power on the matter |
| Article 253 (treaties) | Continues as needed to implement the treaty | Central law prevails |
| President’s Rule | Continues after the rule ends, until altered by the state legislature | State legislature can repeal or re-enact |
Why the Provisions Exist
The Rajya Sabha resolution route under Article 249 allows the House representing the states to authorise Parliament to act, which preserves a federal element. The emergency route reflects the unitary character of the Constitution in an emergency. The international agreements route allows the Centre to fulfil India’s obligations to other countries, as the Constitution gives the Centre exclusive charge of foreign affairs. The President’s Rule route follows from the takeover of the state’s government. Together they show how the Constitution is federal in normal times but flexible in exceptional ones.
Why Is This Topic Important?
- Frequent facts Five situations and durations
- Rajya Sabha role Two-thirds resolution
- Examples Acts under Article 252
What Came Next?
The next topic covers administrative relations between the Union and the states.
Key People and Terms
- National interest resolution Rajya Sabha resolution under Article 249
- Abdication State surrendering a power
- Adoption Other states accepting a law
- Treaty implementation Laws under Article 253
- Coterminous Equal in duration
Exam Corner
Points to Remember
- Article 249: two-thirds Rajya Sabha; one year.
- Laws lapse six months after resolution or emergency ends.
- Article 252: two or more states; others may adopt.
- Article 253: international agreements.
Do Not Confuse With
- Article 249 and 250 Rajya Sabha resolution versus emergency
- Article 252 and 253 State request versus treaties
- Laws after President’s Rule Continue until repealed by the state
Memory Hook
Five doors into the State List: national interest, emergency, state request, treaties, President’s Rule.
Mains Angle
Questions on this topic usually ask about the flexibility of the federal scheme. Use these points to add depth.
- Federal flexibility Normal and abnormal times
- Rajya Sabha as state voice Article 249
- Consent route Article 252
- International obligations Article 253
A Question You May Face
An original practice question, not a past paper question.
“In what circumstances can Parliament legislate on matters in the State List?”
How to Answer
- Introduction Normal versus abnormal times.
- Five situations Table.
- Examples Acts.
- Conclusion Federal flexibility.
GS Relevance
Frequently Asked Questions
When can Parliament legislate on State List matters?
Parliament can legislate on State List matters when the Rajya Sabha passes a resolution in the national interest, during a National Emergency, when two or more states request it, to implement international agreements, and during President’s Rule in a state.
What is needed for a Rajya Sabha resolution under Article 249?
The Rajya Sabha must declare by a resolution supported by two-thirds of members present and voting that it is necessary in the national interest. The resolution remains in force for one year and can be renewed, a year at a time.
What happens to laws made under Article 249 or the emergency provision?
The laws cease to have effect six months after the resolution has ceased to be in force or the emergency has ceased to operate. The state legislature’s power is not restricted, but a central law prevails in case of conflict.
How does Article 252 work?
When the legislatures of two or more states pass resolutions requesting Parliament to legislate on a State List matter, Parliament can make a law applicable to those states, which other states may adopt later, and only Parliament can amend or repeal it.
Which Acts were made under Article 252?
Examples include the Prize Competition Act, 1955, the Wild Life (Protection) Act, 1972, the Water (Prevention and Control of Pollution) Act, 1974, the Urban Land (Ceiling and Regulation) Act, 1976 and the Transplantation of Human Organs Act, 1994.
PYQ Practice — Statement Analysis
1 A Rajya Sabha resolution under Article 249 needs two-thirds of members present and voting.
Valid for one year.
2 Laws made on State List matters in an emergency continue permanently.
Lapse six months after.
3 A law under Article 252 applies to all states automatically.
Only the requesting states, others may adopt.
4 Parliament can legislate on State List subjects to implement treaties.
Article 253.
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