The Constitution of India distributes legislative powers between:
Parliament
and:
State Legislatures
The principal constitutional provisions are:
Articles 245–255
The Seventh Schedule contains three legislative lists:
The distribution aims to balance:
National Unity + State Autonomy + Constitutional Federalism
The principal provisions are:
Article 245 → Extent of Laws
Article 246 → Distribution of Legislative Subjects
Article 247 → Additional Courts
Article 248 → Residuary Legislative Powers
Article 249 → Parliament on State List in National Interest
Article 250 → Parliament on State List During Emergency
Article 251 → Inconsistency under Articles 249 and 250
Article 252 → Parliament on State List at State Request
Article 253 → International Agreements
Article 254 → Repugnancy
Article 255 → Procedural Requirements as to Recommendation and Previous Sanction
Memory:
245–255 → Legislative Relations
Article 245 deals with the:
Extent of laws made by Parliament and State Legislatures
Parliament may make laws for:
The whole or any part of India
A State Legislature may make laws for:
The whole or any part of the State
subject to the Constitution.
Parliament can make laws with:
Extra-territorial operation
A Parliamentary law is not invalid merely because it has operation outside India.
The Constitution specifically protects Parliament's legislative competence in this respect.
A State Legislature does not have the same unrestricted extra-territorial legislative power as Parliament.
A State law must have a sufficient:
Territorial Nexus
with the State where necessary.
This prevents a State Legislature from legislating without a meaningful connection to the State.
The Seventh Schedule contains:
Parliament has primary/exclusive legislative power.
State Legislatures have primary/exclusive legislative power.
Both Parliament and State Legislatures can ordinarily legislate.
Memory:
Union → Parliament
State → States
Concurrent → Both
The Union List contains subjects requiring:
National Uniformity
Examples include:
Parliament ordinarily has exclusive legislative power over these matters.
The State List contains subjects closely connected with:
State and Local Administration
Examples include:
State Legislatures ordinarily have exclusive legislative power over these subjects.
However, this exclusivity is subject to constitutional exceptions.
The Concurrent List contains subjects where:
National Standards + State Implementation
may both be important.
Examples include:
Both Parliament and State Legislatures can ordinarily legislate.
Article 246 establishes the basic hierarchy:
Parliament has exclusive power.
State Legislatures have exclusive power, subject to constitutional exceptions.
Both can legislate.
However, where Parliament has power under a specific constitutional provision to legislate on a State List matter, that special power operates despite the ordinary State List allocation.
The Constitution gives Parliament additional legislative powers in specific circumstances.
Therefore:
State List ≠ Absolutely Exclusive
Parliament may enter the State field under:
Residuary legislative powers belong to:
Parliament
This includes matters not enumerated in:
Parliament also has exclusive power to legislate on matters of taxation not mentioned in these lists.
Memory:
Residuary → Union
Parliament may legislate on a matter in the:
State List
if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the:
National Interest
The resolution requires:
Two-thirds of members present and voting
The resolution remains in force for:
Not more than one year
at a time.
It may be renewed.
However, the Parliamentary law made under this power ceases to have effect:
Six months after the resolution ceases to operate
unless otherwise continued under the constitutional framework.
Memory:
249 → National Interest → Rajya Sabha → 2/3 → 1 Year
Article 249 allows national legislative action where a State List matter acquires:
National Importance
The role of Rajya Sabha ensures that States participate in activating this exceptional power.
During a:
Proclamation of Emergency
Parliament may legislate on:
Any matter in the State List
This is an exceptional power.
A Parliamentary law made under Article 250 ceases to have effect:
Six months after the Emergency ceases
except as constitutionally provided regarding past acts and matters.
Memory:
250 → Emergency → State List
Article 251 deals with inconsistency between:
Where there is inconsistency:
Parliamentary Law Prevails
This is despite the general distribution of legislative powers.
Parliament can legislate on a:
State List Matter
when:
Two or More State Legislatures
pass resolutions requesting Parliament to enact such legislation.
After Parliament makes the law:
Other States may adopt it
by passing similar resolutions.
This creates:
Flexible Cooperative Federalism
A law made by Parliament under Article 252 can subsequently be:
Amended or Repealed
only by:
Parliament
and not by an individual State Legislature.
This is an important Prelims point.
Memory:
252 → States Request
Parliament → Makes / Amends / Repeals
Parliament may make laws for implementing:
This power can extend even to matters otherwise falling within the:
State List
Article 253 ensures that India can fulfil:
International Obligations
without being blocked by the ordinary domestic distribution of legislative subjects.
Memory:
253 → International
Repugnancy arises when:
Parliamentary Law
and:
State Law
relating to a Concurrent List matter are so inconsistent that both cannot operate together.
Under Article 254:
Parliamentary Law Prevails
and the State law is void:
To the extent of repugnancy
Under Article 254(2), if a State law on a Concurrent List matter:
it may prevail in that State despite inconsistency with an earlier Parliamentary law.
However:
Parliament can subsequently override it.
Memory:
Concurrent Conflict
↓
Parliamentary Law Generally Prevails
↓
State Law + Presidential Assent
↓
May Prevail in State
↓
Parliament Can Override Later
26. Conditions for Repugnancy
The Supreme Court has developed principles for determining repugnancy.
The courts examine whether:
Both laws operate in the same legislative field
There is real inconsistency
The provisions cannot reasonably coexist
Parliament and State Legislature were both competent to legislate
Repugnancy is therefore not established by:
Mere Difference
27. M. Karunanidhi Case
In:
M. Karunanidhi v. Union of India
the Supreme Court explained important principles relating to:
Article 254
The case is important for determining:
Whether genuine repugnancy exists
Memory:
Karunanidhi → Repugnancy
28. Hoechst Pharmaceuticals Case
In:
Hoechst Pharmaceuticals Ltd. v. State of Bihar
the Supreme Court examined:
Legislative competence
Distribution of legislative fields
Repugnancy
The case reinforces the importance of first determining:
Legislative Competence
before examining repugnancy.
Memory:
Hoechst → Legislative Field + Repugnancy
Legislative Competence
29. Meaning
Legislative competence means the:
Constitutional authority of a Legislature to make a particular law
A law may be invalid if the Legislature:
Lacks Competence
30. Pith and Substance
The doctrine of:
Pith and Substance
examines the:
True Nature and Character
of a law.
If the law substantially falls within the Legislature's competence, incidental encroachment upon another legislative field does not necessarily invalidate it.
Memory:
Pith and Substance → True Nature
31. Colourable Legislation
The doctrine of:
Colourable Legislation
means:
What Cannot Be Done Directly Cannot Be Done Indirectly
A Legislature cannot disguise an unconstitutional exercise of power by giving the law a different form or label.
32. Territorial Nexus
A State law can have an extra-State effect where there is a sufficient:
Territorial Nexus
with the State.
The doctrine prevents States from exercising arbitrary extra-territorial legislative power.
Article 247
33. Additional Courts
Article 247 empowers:
Parliament
to provide for the establishment of additional courts for:
Better Administration of Laws made by Parliament or of existing laws relating to matters in the Union List
This is another example of Parliamentary institutional authority.
Article 255
34. Procedural Requirements
Article 255 deals with certain requirements concerning:
Recommendation
Previous sanction
Presidential recommendation
The absence of such a recommendation or sanction does not necessarily invalidate the law if:
Assent has been duly given
where the Constitution so provides.
The provision deals primarily with:
Procedural Defects
rather than legislative competence.
Legislative Relations — Quick Framework
35. Basic Hierarchy
Constitution
↓
Seventh Schedule
↓
Union / State / Concurrent Lists
↓
Legislative Competence
↓
Repugnancy, where applicable
↓
Judicial Review
Parliament's Exceptional Powers
36. Five Important Exceptions
249 → National Interest
250 → Emergency
252 → State Request
253 → International Agreements
356 → President's Rule
Memory:
N-E-R-I-P
Judicial Review
37. Role of Judiciary
Courts determine:
Legislative competence
Constitutional validity
Repugnancy
Territorial nexus
Pith and substance
Colourable exercise of power
Therefore:
Judicial Review → Federal Balance
38. State Legislation and Judicial Review
A State law may be invalidated when it:
Violates Fundamental Rights
Exceeds legislative competence
Is repugnant to superior Parliamentary law
Violates other constitutional provisions
Thus:
State Legislative Power → Constitutionally Limited
Centre–State Balance
39. Federal Principle
The ordinary rule is:
State Legislatures Control State List
But the Constitution also creates:
Union Intervention in Exceptional Circumstances
This produces:
Federalism with a Strong Centre
40. Why Parliament Has Exceptional Powers
The Union's exceptional legislative powers help address:
National emergencies
National interests
International obligations
Requests for uniform legislation
Constitutional breakdown
Therefore:
State Autonomy + National Integration
are balanced within the constitutional framework.
UPSC Prelims Facts
41. Important Facts
Articles 245–255 deal with legislative relations.
Seventh Schedule contains Union, State and Concurrent Lists.
Article 245 deals with territorial extent of legislation.
Article 246 distributes legislative powers.
Parliament has exclusive power over the Union List.
State Legislatures ordinarily have exclusive power over the State List.
Both Parliament and State Legislatures can ordinarily legislate on the Concurrent List.
Article 248 gives residuary legislative power to Parliament.
Article 249 requires a Rajya Sabha resolution for Parliamentary legislation on State List matters in national interest.
Article 249 resolution requires a two-thirds majority of members present and voting.
An Article 249 resolution operates for a maximum of one year at a time and can be renewed.
Article 250 permits Parliament to legislate on State List matters during a National Emergency.
Article 252 allows Parliament to legislate on State List matters at the request of two or more State Legislatures.
A law made under Article 252 can be amended or repealed only by Parliament.
Article 253 empowers Parliament to implement international agreements.
Article 254 deals with repugnancy between Parliamentary and State laws in the Concurrent field.
A State law receiving Presidential assent under Article 254(2) may prevail in that State over an inconsistent Parliamentary law.
Parliament can later override such State legislation.
Article 251 concerns inconsistency involving laws made under Articles 249 and 250.
Article 255 concerns certain procedural requirements relating to recommendations and previous sanctions.
Judicial review determines legislative competence and constitutional validity.
Pith and Substance examines the true nature and character of legislation.
Colourable Legislation prevents indirect exercise of unconstitutional legislative power.
Territorial Nexus permits certain extra-territorial effects of State laws where sufficient nexus exists.
UPSC Prelims Traps
42. Trap 1
"State List is completely exclusive to State Legislatures."
False
Parliament can legislate under Articles:
249, 250, 252, 253 and 356
43. Trap 2
"Residuary powers belong to State Legislatures."
False
They belong to:
Parliament
under Article 248.
44. Trap 3
"Article 249 resolution is passed by Lok Sabha."
False
It is passed by:
Rajya Sabha
45. Trap 4
"Article 249 requires a two-thirds majority of the total membership."
False
The resolution requires:
Two-thirds of members present and voting
46. Trap 5
"Article 252 permits one State to request Parliament."
False
The initiative requires:
Two or more State Legislatures
47. Trap 6
"State Legislature can amend a law enacted by Parliament under Article 252."
False
Such laws can be amended or repealed by:
Parliament
48. Trap 7
"Article 254 applies to conflicts between Parliament and State on every subject."
False
It primarily concerns:
Concurrent List Repugnancy
49. Trap 8
"Presidential assent permanently protects a State law from Parliamentary override."
False
Parliament can subsequently override it.
50. Trap 9
"Any difference between Union and State laws is repugnancy."
False
Repugnancy requires a genuine constitutional conflict in the same legislative field.
51. Trap 10
"Parliament has no extra-territorial legislative power."
False
Parliament may enact laws with extra-territorial operation.
52. Trap 11
"State Legislatures have unlimited extra-territorial legislative power."
False
State legislation must satisfy constitutional limitations including the principle of:
Territorial Nexus
53. Trap 12
"Pith and Substance is used only when Parliament legislates on State List."
False
The doctrine is broadly used to determine the true nature of legislation and resolve questions of legislative competence.
Easy Memory Tricks
54. Legislative Articles
245 → Extent
246 → Distribution
247 → Additional Courts
248 → Residuary
249 → National Interest
250 → Emergency
251 → Inconsistency
252 → State Request
253 → International
254 → Repugnancy
255 → Procedure
55. Parliament on State List
249 → National Interest
250 → Emergency
252 → State Request
253 → International Agreement
356 → President's Rule
56. Doctrines
Pith and Substance
→ True Nature
Colourable Legislation
→ Cannot Do Indirectly
Territorial Nexus
→ Sufficient Territorial Connection
Repugnancy
→ Conflict in Concurrent Field
57. Quick Revision
LEGISLATIVE POWERS
↓
Article 245–255
↓
Seventh Schedule
↓
┌─────────────┬─────────────┬──────────────┐
↓ ↓ ↓
Union State Concurrent
↓ ↓ ↓
Parliament State Both
Legislature
↓
Exceptional Union Entry
↓
249 / 250 / 252 / 253 / 356
↓
Judicial Review
Mains Perspective
58. Constitutional Balance
The distribution of legislative powers reflects India's attempt to balance:
State Autonomy
with:
National Unity
The ordinary constitutional arrangement gives States substantial authority over State List subjects.
However, the Union receives exceptional powers to intervene where:
National interest requires
Emergency exists
States request common legislation
International obligations must be implemented
Constitutional machinery breaks down
59. Federalism with Unitary Features
India is therefore neither:
Purely Federal
nor:
Purely Unitary
The legislative framework demonstrates:
Federal Division of Powers + Strong Union Safeguards
This allows the Constitution to combine:
Diversity + National Integration
60. Challenges
Important challenges include:
Overlapping Legislative Fields
Concurrent List disputes can create conflict.
Centralising Tendencies
Extensive Union powers may raise State autonomy concerns.
Repugnancy
Conflicting laws can generate constitutional litigation.
Fiscal and Legislative Interdependence
State policy choices can sometimes depend heavily on Union decisions.
Political Federalism
Changes in political alignment between Centre and States can affect institutional relations.
61. Reform Perspective
Centre–State legislative relations can be strengthened through:
Greater Consultation
States should be consulted on major legislation affecting Concurrent subjects.
Stronger Inter-Governmental Institutions
Institutions of cooperative federalism should be used more effectively.
Clear Legislative Boundaries
Better drafting can reduce overlap and litigation.
Respect for State Autonomy
Union intervention should remain within constitutional limits.
Cooperative Law-Making
Uniformity should be pursued where necessary without unnecessarily reducing State policy space.
62. Conclusion
The distribution of legislative powers is the core of India's constitutional federalism.
The basic framework is:
Article 245 → Extent
Article 246 → Distribution
Article 248 → Residuary Powers
Article 249 → National Interest
Article 250 → Emergency
Article 252 → State Request
Article 253 → International Agreements
Article 254 → Repugnancy
The easiest UPSC formula is:
Union List → Parliament
State List → State Legislature
Concurrent List → Both
Residuary → Parliament
Exceptional Union Power → 249 / 250 / 252 / 253 / 356
The broader constitutional principle is:
Division of Powers + Judicial Review + Cooperative Federalism = Balanced Centre–State Relations