Constitutional Law

Legislative Relations between Union and States

Understand how India divides law-making power through Articles 245 to 255, the Seventh Schedule, residuary power and special parliamentary powers.

By Advocate Aditya Sharma9 min read

Quick answer

Legislative competence depends on territory, the subject lists and special constitutional rules that sometimes allow Parliament to enter the State field.

The basic distribution of legislative power

A competence problem should be solved in order: territory, subject matter, special provision and conflict.

Territorial reach

Parliament may legislate for all or any part of India, while a State Legislature ordinarily legislates for that State. A parliamentary law is not invalid merely because it also operates outside India.

The three lists

List I gives Parliament exclusive fields, List II gives States their principal fields and List III permits both to legislate. Article 246 gives Union power priority where entries cannot be reconciled.

GST and residuary subjects

Article 246A separately distributes GST power. Article 248 and Entry 97 of List I place unenumerated subjects and residuary taxation with Parliament.

Entries describe fields, not rigid boxes

Legislative entries receive a broad interpretation. Courts examine the whole law and its true character because practical governance inevitably creates some overlap.

When Parliament may enter the State field

State List power is substantial, but the Constitution creates carefully defined national routes.

National interest

Under Article 249, Rajya Sabha may pass the required resolution allowing Parliament to legislate on a State subject in the national interest for the constitutionally limited period.

Emergency and State consent

Article 250 operates during a Proclamation of Emergency. Article 252 allows Parliament to legislate for two or more consenting States, and other States may later adopt that law.

International obligations

Article 253 allows Parliament to implement treaties, international agreements and conference decisions even where the subject would otherwise fall in the State List.

Existing law and repugnancy

Articles 251 and 254 determine the effect of conflicts. The precise result depends on which special power was used and whether both laws concern a Concurrent List matter.

Landmark cases

Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.

Union of India v. H.S. Dhillon

(1971) 2 SCC 779

Facts: The Wealth Tax Act was extended to agricultural land, and the levy was challenged on the ground that Parliament lacked an identified field of legislative competence.

Legal question: How should a court test Parliament's claim to residuary legislative power under Article 248 and Entry 97 of List I?

Held: Parliamentary competence over a residuary matter can be established by showing that the subject is not contained in List II or List III.

Reasoning: For exclusive parliamentary competence, the central inquiry was whether the subject fell within List II. If it did not belong to List II or List III, Parliament could rely on its residuary field.

Use in an answer: Use it for Article 248, Entry 97 and the correct method for testing residuary power.

State of West Bengal v. Kesoram Industries Ltd.

(2004) 10 SCC 201

Facts: Several State levies connected with land, minerals and industrial activity were challenged as taxes outside the States' legislative fields.

Legal question: How should legislative entries and the true nature of a fiscal levy be identified when constitutional fields appear to overlap?

Held: Legislative entries must be read broadly and harmoniously, while the nature of a levy is determined from its real subject and constitutional field.

Reasoning: Entries receive a broad and harmonious construction. The court examines the substance, measure and legal character of the levy instead of deciding competence from its label alone.

Use in an answer: Use it for interpretation of entries, legislative competence and the distinction between a tax and a fee.

Read the judgment

How to write this answer in an exam

  1. Identify the territory and the legislature that enacted the law.
  2. Locate the subject in the Seventh Schedule or Article 246A.
  3. Apply pith and substance if entries appear to overlap.
  4. Check Articles 248 to 253 for residuary or special parliamentary power.
  5. Address repugnancy only after both laws are shown to be competent.

Quick revision

  • Article 245 concerns territorial reach.
  • Article 246 works with the three legislative lists.
  • Article 246A separately deals with GST.
  • Residuary power belongs to Parliament.
  • Articles 249 to 253 create special parliamentary routes.

Test yourself

  1. Where does Indian residuary legislative power lie?
  2. How does Article 252 operate?
  3. Why must competence be decided before repugnancy?

Frequently asked questions

Can Parliament ever legislate on a State List subject?

Yes. The Constitution permits this through specific routes including Articles 249, 250, 252 and 253. Each route has its own trigger, scope and duration.

Does an incidental effect on another list invalidate a law?

No. If the law in its true nature falls within the enacting legislature's field, incidental encroachment does not ordinarily destroy competence.

Sources and further reading

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