DMPQ- State governments in India don’t enjoy exclusive power to make law on state subjects. Comment.

State governments generally have exclusive right to make laws on state subjects but there are instances when Parliament can legislate on state subjects.

Circumstances under which Parliament can make laws on matters enumerated in the State list:

  • Article 249: When Rajya Sabha passes a resolution supported by two-thirds of the member present

and voting, declaring that it is necessary in national interest that Parliament should make laws on

matter in the State list .

  • Article 250: During a national emergency, Parliament acquires the power to legislate with respect to matters in the State list.
  • Article 252: When the legislature of two or more states pass resolution requesting the Parliament to enact laws on a matter in the state list, then Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions .
  • Article 253: The Parliament can make laws on any matter in the State list for implementing the

international treaties, agreements or conventions.

  • President’s rule: During President’s rule in a state, Parliament becomes empowered to make laws

with respect to any matter in the State List in relation to that state.

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