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Monday, October 31, 2011

Q. What are the powers of Parliament to legislate on a Subject included in the State List in ordinary situations?

Ans. There are various situations, other than the Emergency, in which Parliament has been empowered to enact laws with respect to the matters included in the State List.
As provided in Article 249, if the Council of State declares by resolution supported by not less than two- thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws with respect 4o such matter of the State List. A resolution passed by the Council of States under this article shall remain in force for a period not exceeding one year. However, the Council of States may pass such resolution again to Continue it for a period beyond one year. Such resolution may be renewed every year for any period of time.
A law passed by Parliament under this article shall cease to have effect after the expiry of 6 months period from the date on which the resolution passed by the Council of States comes to an end.
Second, under the provisions of Article 252, if the Legislatures of two or more States pass a resolution to the effect that it is desirable with respect to those States that certain matters of the State List should be regulated by Parliament by law, it shall be lawful for Parliament to pass an act for regulating such a matter of state lists accordingly. Third, as provided in Article 253, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convent ion with any other country or countries or any decision made at any international conference, association or other body.

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