Why does Parliament’s legislative power over State List subjects remain vital despite federalism? Clarify with facts and reasoning.

The Indian Constitution establishes a federal system with a division of powers between the Union and State governments, primarily outlined in the Seventh Schedule. The State List enumerates subjects over which State legislatures have primary legislative authority. However, the Union Parliament retains significant, albeit conditional, legislative power over these subjects, a feature crucial for national unity, stability, and addressing emergent situations. This power, though seemingly contradictory to federal principles, is designed to ensure the smooth functioning of the nation as a whole.

1. Supremacy of Union Law: In case of repugnancy, Union law prevails over State law on a Concurrent List subject, and similarly, Union law can override State law on a State List subject under specific emergency provisions.

2. National Interest: The Parliament’s power is invoked to protect the broader national interest, even if it involves intervening in subjects primarily reserved for states.

3. Emergency Provisions: Various articles of the Constitution grant Parliament powers to legislate on State List subjects during national emergencies, financial emergencies, or when a State fails to function constitutionally.

4. Inter-State Cooperation: For subjects requiring coordination across states, Parliament’s legislative power can be utilized to establish uniform policies and frameworks.

5. Concurrent List Overlap: The existence of the Concurrent List itself indicates an intention for shared legislative jurisdiction, blurring the strict lines of the State List.

6. Pith and Substance: Even when legislating on a State List subject, Parliament must ensure its law is demonstrably for a national purpose and not merely an encroachment.

1. Federalism: The division of powers and the existence of both Union and State governments.

2. Parliamentary Sovereignty (with constitutional limitations): The supreme legislative authority of Parliament within the constitutional framework.

3. Supremacy of the Constitution: All legislative powers are derived from and limited by the Constitution.

4. Emergency Powers: The exceptional powers granted to the Union during times of crisis.

5. Repugnancy: The doctrine where Union law overrides State law in case of conflict, especially on Concurrent List subjects.

6. Doctrine of Pith and Substance: A principle used to determine the true nature of a law when it appears to encroach on another list’s subject matter.

7. Article 249: Parliament’s power to legislate on a State List matter in the national interest.

8. Article 250: Parliament’s power to legislate on any subject in the State List during a Proclamation of Emergency.

9. Article 252: Parliament’s power to legislate for two or more States by consent.

10. Article 312: Parliament’s power to create All-India Services.

The Indian Constitution, while establishing a federal structure, is often described as ‘quasi-federal’ or ‘federal with a strong central bias’. This is evident in Parliament’s residual and conditional power to legislate on subjects listed in the State List (List II of the Seventh Schedule). This power is vital for several compelling reasons:

Firstly, National Interest (Article 249): The most significant provision is Article 249, which empowers Parliament to legislate on any matter enumerated in the State List if a resolution to that effect is passed by two-thirds of the members present and voting in the Rajya Sabha. The Rajya Sabha, representing the states, is deemed to be the ultimate guardian of state interests. A resolution under Article 249 signifies that a matter in the State List has assumed national importance. For instance, during a nationwide pandemic, Parliament might need to enact uniform regulations concerning public health measures, even if these fall under the State List. This ensures a cohesive national response and prevents fragmentation of policy, which could be detrimental to the entire country.

Secondly, Proclamation of Emergency (Article 250): During a Proclamation of Emergency (under Article 352), Parliament gains the power to legislate on any matter in the State List. This is a crucial provision for maintaining national integrity and order when the country is facing severe threats, such as external aggression or internal disturbances. Uniform laws across the nation are essential to effectively combat such crises. For example, during the Emergency of 1975-77, Parliament enacted numerous laws that would normally fall under the State List.

Thirdly, Financial Emergency (Article 360): If a Proclamation of Financial Emergency is in operation, Parliament can make provisions, including for the State List, for the reduction of salaries and allowances of persons serving in connection with the affairs of the Union or of the States, including judges of the Supreme Court and High Courts. This is an extraordinary measure to restore financial stability.

Fourthly, Legislation for Two or More States by Consent (Article 252): Parliament can legislate on a State List subject for two or more states if their respective legislatures pass resolutions requesting Parliament to do so. This is vital for matters requiring uniform legislation across several states, such as trade, commerce, or environmental protection, where coordinated action is more effective than individual state efforts. For instance, legislation concerning inter-state river water disputes, though often originating from state concerns, might require central legislative action under this article to achieve equitable distribution and prevent inter-state conflict.

Fifthly, Creation of All-India Services (Article 312): Article 312 empowers Parliament to create new All-India Services common to the Union and the States, provided the Rajya Sabha passes a resolution by a two-thirds majority. These services, like the Indian Administrative Service (IAS) and Indian Police Service (IPS), are crucial for maintaining administrative uniformity and efficiency across the country, ensuring that national policies are implemented effectively at the state level, irrespective of the party in power in a particular state.

Sixthly, Treaties and International Agreements: Parliament has the power to legislate on any matter in the State List for the purpose of implementing any treaty, international agreement, or convention with any other country or decisions made at any international conference, association or other body (Article 253). This ensures that India can fulfill its international obligations without being hindered by state-level legislative autonomy. For example, environmental protection measures agreed upon at international summits often require parliamentary legislation that may touch upon subjects in the State List.

Finally, the existence of the Concurrent List (List III) itself signifies a shared domain, blurring the strict division of powers and underscoring the interconnectedness of governance. While Parliament can legislate on Concurrent List subjects, its laws prevail over repugnant State laws. This principle extends, in spirit, to Parliament’s ability to act on State List subjects under specific conditions, prioritizing national coherence.

The rationale behind these provisions is to prevent the weakening of the Union and to ensure that the country can respond effectively to challenges that transcend state boundaries or threaten national security and economic stability. It is not intended to undermine federalism but to provide a necessary balance and flexibility to the system.

In conclusion, while the Indian federal structure allocates primary legislative power over State List subjects to the states, Parliament’s ability to legislate on these subjects under specific circumstances remains vital. Provisions like Article 249 (national interest), Article 250 (emergency), Article 252 (inter-state consent), and Article 312 (all-India services) are not designed to subvert federalism but to safeguard national unity, provide for effective governance during crises, ensure implementation of international obligations, and promote national integration through uniform administrative standards. These powers act as essential safety valves, ensuring that the Union can effectively address issues of national significance, thereby maintaining the integrity and stability of the Indian federation.