The parliament can legislate in the matters of the state list and concurrent list under these five important circumstances which are dealt under Part XI of the Constitution of India between Article head 248 to 254.
=> Article 248 talks about the residuary powers of the legislation which are conferred to the Parliament.These are the exclusive power given to the Parliament to make laws with respect to the Concurrent and the State list. Since it is impossible to determine all the matters of future legislation the Parliament has been conferred with this exclusive power to make legislation with respect to matters in the Concurrent and the Sate list respectively.
=>Article 249 confers the power to the Parliament to legislate with respect to matters in the state list in the national interest. When the Parliament considers that it is necessary and expedient in the national interest to make laws in matter of the state list it shall be lawful for the Parliament to make laws for the whole or any part of the territory of India. It is when the Council of States (Rajya Sabha) declares by resolution supported not less than 2/3rd of the members present and voting to make laws with respect to the matters enumerated in the State list. The resolution passed under this Article shall remain in force for a period not exceeding 1 year. The power to legislate with respect to matters in the State list in the national interest lies only in the Council of States (Rajya Sabha).
=>Article 250 states that when the Proclamation of emergency is in operation the Parliament has the power to legislate with respect to any matter enumerated in the State List. The Parliament can make laws for the whole or any part of the territory of India. This provision has been incorporated to make sure that a unitary power prevails during the proclamation of emergency to deal with the situation more effectively and efficiently.
=>Article 252 states that the Parliament can legislate for two or more states with their consent. If it appears to the legislature of two or more states that the parliament needs to make laws with respect to any of the matters of the state list which it is not entitled to make (Except under Article 249 and 250) and that it is desirable to be regulated by the Parliament then a resolution shall be passed by all the Houses of the legislature to that effect. However any Act so passed can only be amended by the Parliament and not by the state legislature in this case.
=>Article 253 empowers the Parliament to make laws to 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, associations or other body.
In the next post i shall be discussing how the validity of law is decided on the basis of the doctrines.
Regards,
Maitreyi
Maitreyi
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