Under what Circumstances Parliament can legislate over State List Subjects

Parliament Can Legislate Over State List Subjects under following circumstances

The subjects on which the Central Legislature and State legislatures has the powers to legislate are defined in the Schedule 7 of Indian constitution and Exclusively in some articles of the Indian Constitution Such as Article 246 and others

Parliament of India

Schedule 7 states the subjects on which Union (Union List), States (State List) and Both (Concurrent List) can make the laws on the defined subjects

• 1.) Union List ( 97 Subjects) latest 100 subjects
• 2,) State List (67 Subjects) latest 42 subjects
• 3.) Concurrent List (47 Subjects) latest 62 subjects

Note: Concurrent List has the Supremacy of Union Parliament to make laws rather than State legislatures

As the amendments are the parts of our constitution from time to time

Through 42nd Amendment Act of 1976, 5 subjects were transferred from State List to Concurrent List. They are:

• Education
• Forests
• Weights & Measures
• Protection of Wild Animals and Birds
• Administration of Justice

However the parliament has the powers (Source: From the Constitution) to legislate over the state list subjects under the 5 circumstances (or we can say that constitution has granted powers to parliament, to legislate over the state list subjects as stated in 5 articles of Indian Constitution  Article 249, Article 252, Article 253, Article 352, Article 356)

Under What Circumstances Parliament Can Legislate Over State List Subjects

Under following 5 circumstances the Parliament is empowered to make laws on state list subjects

Article 249: Under Article 249 if Rajya Sabha passes resolution by 2/3 rd majority, that a particular subject of the state list is of national importance and parliament should make law on it then parliament can do so

Article 252: Under Article 252, if legislatures of two or more states request the parliament to make the law for them on any specific state list subject then parliament can do so

Article 253: Under Article 253, in order to implement any international treaty, parliament is competent to make a law on any state list subject

Article 352: Under Article 352, if National Emergency is imposed in any state then for that state, parliament is empowered to make law on any subjects of the state list

Article 356: Under Article 356, if presidents rule is imposed in any state then for that state parliament is competent to make a law on state list subjects

Note:

• Law once made by parliament can be amended or deleted only by the Parliament

• Due to Instrument of Accession with Jammu and kashmir Financial Emergency (Article 360) and Presidents rule (Article 356), can't be imposed directly without consultation with chief minister of the state and following certain part of the Agreement i.e  " Instrument of Accession"