Although States have their separate list for law-making, this authority is not beyond the overarching…

Question

Although States have their separate list for law-making, this authority is not beyond the overarching legislative powers of the Parliament. Examine.

Ghissu Editorial · Accepted Answer

States legislate on their own State List, but Parliament's overarching powers reach into it through residuary powers (Article 248), national interest resolutions (Article 249), consent laws (Article 252), treaty implementation (Article 253) and emergencies. Under Article 249, a two-thirds Rajya Sabha resolution lets Parliament legislate on State subjects.

**Introduction**

The Constitution’s federal structure assigns separate legislative lists to States but allows Parliament overriding powers to maintain national unity, reflecting a complex Centre-State balance.

**Distinct Legislative Lists**

1. **State List Exclusivity**: States control 59 subjects like police and agriculture under the Seventh Schedule, ensuring regional autonomy.  
2. **Concurrent List and Residuary Powers**: Both Parliament and States legislate on 52 subjects; Parliament holds residuary powers under Article 248, reinforcing Centre’s primacy.

**Parliament’s Overriding Powers**

1. **Article 249 National Interest Clause**: Parliament can legislate on State subjects with Rajya Sabha’s two-thirds majority resolution for national interest.  
2. **Article 252 Consent Legislation**: Parliament legislates for consenting States, enabling uniform laws on inter-State issues, as with the Water (Prevention and Control of Pollution) Act, 1974.  
3. **Article 253 and Emergencies**: Parliament can legislate on any subject to implement international treaties or during emergencies, extending its reach over State laws.

**Judicial Interpretations**

1. **Harmonious Construction**: Supreme Court balances Centre-State powers, as in State of West Bengal v. Union of India, upholding federalism.  
2. **Repugnancy Rule**: Union laws prevail over conflicting State laws in Concurrent List unless presidential assent is granted.  
3. **Judicial Review**: Courts ensure legislative powers comply with constitutional limits, protecting federal balance.

**Way Forward**

1. **Strengthen Cooperative Federalism**: Institutionalise Inter-State Council for dialogue on legislative overlaps, especially water disputes affecting ==Andhra Pradesh==.  
2. **Clarify Article 249 Use**: Define national interest criteria to prevent misuse of Parliament’s override powers.

**Conclusion**

Parliament’s legislative supremacy coexists with State autonomy, ensuring national cohesion within constitutional safeguards.

Although States have their separate list for law-making, this authority is not beyond the overarching legislative powers of the Parliament. Examine.

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