Question

Consider the following statements regarding parliamentary legislation in the state field.

(i) Under Article 249, a Rajya Sabha resolution allows Parliament to legislate on a State List matter for one year, renewable annually.
(ii) Under Article 252, a law enacted by Parliament can be amended or repealed by the state legislatures of the concerned states.
(iii) During President’s rule, Parliament can legislate on State List matters, and such laws continue after the President’s rule ends.

• A. (i) and (iii) only
• B. (ii) and (iii) only
• C. (i) and (ii) only
• D. All of the above

Answer 1

Answer:

A. (i) and (iii) only

Parliamentary Legislation on State Matters

Article 249: National Interest

• Under Article 249 of the Indian Constitution, the Parliament can legislate on a subject enumerated in the State List if the Rajya Sabha passes a resolution.

• This resolution must be supported by a majority of not less than two-thirds of the members present and voting.

• The resolution declares that it is necessary or expedient in the national interest for Parliament to make laws on that State List matter.

• Such a resolution remains in force for a period not exceeding one year at a time.

• It can be renewed for subsequent periods of up to one year each, provided a new resolution is passed by the Rajya Sabha.

• Laws made under Article 249 cease to have effect on the expiration of six months after the resolution has ceased to be in force.

Article 252: By Consent of States

• Article 252 provides a mechanism where Parliament can legislate on a State List subject if two or more State Legislatures pass resolutions requesting Parliament to do so.

• The law enacted by Parliament under Article 252 applies only to those states that have passed such a resolution.

• Any other state can adopt such a law later by passing a similar resolution.

• A crucial point for competitive exams is that a law enacted by Parliament under Article 252 cannot be amended or repealed by the State Legislatures.

• Only the Parliament itself has the power to amend or repeal such a law. This highlights the supremacy of parliamentary legislation in this specific scenario.

During President's Rule (Article 356)

• When President's Rule is imposed in a state under Article 356, the powers of the State Legislature are exercised by or under the authority of Parliament.

• Consequently, Parliament gains the authority to make laws on any matter included in the State List concerning that state.

• Laws made by Parliament or by the President (or other delegated authority) during President's Rule continue to remain in force even after the revocation of the President's Rule.

• This is explicitly mentioned in Article 357(2) of the Constitution.

• Such laws remain operative unless altered, repealed, or re-enacted by the competent State Legislature or other authority.

• This provision ensures continuity of administration and legislation during and after emergency situations.

Other Situations for Parliamentary Legislation on State List

• Article 253: To implement International Treaties, Agreements, and Conventions. Parliament can make laws on any matter for implementing any treaty, international agreement, or convention, even if it falls within the State List.

• Article 250: During a Proclamation of National Emergency (Article 352). While a Proclamation of National Emergency is in operation, Parliament has the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List