The legislative power of the Parliament includes making laws 1. on matters not enumerated in the Concurrent List and State List 2. in respect of entries in the State List if two or more State Legislatures consider it desirable 3. for implementing any treaty, agreement or convention with any country even if it falls in the State List Select the correct answer using the code given below.

1. Division of Legislative Powers: The Constitutional Framework (basic)

Welcome! To understand how India functions, we first need to look at the distribution of legislative powers. In a federal setup like ours, the Constitution acts as a manual that clearly demarcates who can make laws on what. This distribution is primarily governed by the territorial reach of the laws and the subject matter they cover.

Under Article 245, the Constitution defines the territorial limits. The Parliament has the authority to make laws for the whole or any part of the territory of India, which includes states, union territories, and any areas acquired in the future. Interestingly, Parliament also possesses the power of extra-territorial legislation, meaning its laws can apply to Indian citizens and their property anywhere in the world. Conversely, a State Legislature can generally only make laws for its own territory. As noted in D. D. Basu, Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.376, a state law is typically confined to persons or objects within that state unless there is a 'territorial nexus' connecting the state with the object of the law.

Moving beyond territory, Article 246 deals with the subject matter of laws via the Seventh Schedule, which splits powers into the Union List, State List, and Concurrent List. However, the Constitution-makers knew they couldn't predict every future issue (like cyber law or space travel). Thus, Article 248 grants Residuary Powers exclusively to the Parliament, allowing it to legislate on any matter not mentioned in the Concurrent or State Lists Laxmikanth, Indian Polity, Centre-State Relations, p.144.

Finally, there are "safety valves" for national interest. Under Article 252, if two or more states decide that a common law is needed on a State subject, they can pass resolutions requesting Parliament to step in. Furthermore, Article 253 gives Parliament the sweeping power to make laws on any subject (even those in the State List) to implement international treaties or agreements. This ensures that India speaks with one voice on the global stage without being hindered by internal divisions of power.

Feature	Parliament	State Legislature
Territorial Reach	Whole of India + Extra-territorial	Within the State boundaries
Residuary Power	Exclusive Authority (Art. 248)	No Power

Sources: Indian Polity, M. Laxmikanth, Centre-State Relations, p.144; Introduction to the Constitution of India, D. D. Basu, Distribution of Legislative and Executive Powers, p.376; Indian Polity, M. Laxmikanth, Table 15.1 Articles Related to Centre-State Legislative Relations, p.164

2. The Seventh Schedule: Three-Fold Distribution (basic)

In a federal structure like India’s, the most critical question is: Who gets to decide what? To prevent constant friction between the Central and State governments, our Constitution-makers devised a clear "blueprint of authority" known as the Three-Fold Distribution of Legislative Powers. This is enshrined in the Seventh Schedule under Article 246. Think of it as a clear demarcation of territory, ensuring that while we are one nation, we have many decision-making centers. As noted in Indian Polity, M. Laxmikanth (7th ed.), Important Doctrines of Constitutional Interpretation, p. 653, this division ensures that neither the Parliament nor the State Legislatures encroach upon each other’s functional spheres.

The Seventh Schedule categorizes all possible subjects of governance into three distinct lists. This allows for both uniformity (on national issues) and diversity (on local issues). Here is a snapshot of how these lists work:

List Name	Who Legislates?	Core Purpose
List I: Union List	Parliament exclusively	Matters of national importance (e.g., Defense, Foreign Affairs, Banking).
List II: State List	State Legislatures exclusively	Matters of local or regional importance (e.g., Police, Agriculture, Public Health).
List III: Concurrent List	Both Parliament & States	Matters where uniform national laws are desirable but local variations are allowed (e.g., Marriage, Education, Criminal Law).

While this division looks neat on paper, real life is messy. What happens if a new issue arises that isn't in any list—like Space exploration or Cyber law? These are called Residuary Powers. According to Article 248, the power to legislate on any matter not found in the three lists is given exclusively to the Parliament. Furthermore, if there is a conflict (repugnancy) between a Central law and a State law on a subject in the Concurrent List, the Central law generally prevails. This gives the Indian federal system a "unitary tilt," ensuring the nation's integrity stays intact even while decentralizing power Indian Polity, M. Laxmikanth (7th ed.), Federal System, p. 139.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Federal System, p.139; Indian Polity, M. Laxmikanth (7th ed.), Important Doctrines of Constitutional Interpretation, p.653

3. The Nature of Indian Federalism: Unitary Bias (intermediate)

In a classical federal system like the United States, the federal government and the states are viewed as co-equals within their respective spheres. However, the Indian Constitution-makers, influenced by the need for national integration and the chaotic conditions of Partition, opted for what scholars call a "Federal System with Unitary Bias." This means that while we have two levels of government, the scales are deliberately tipped in favor of the Union to ensure the country's unity and integrity. As noted by experts, this unique combination allows India to function as a federation in normal times but transform into a virtually unitary state during emergencies D. D. Basu, Introduction to the Constitution of India, OUTSTANDING FEATURES OF OUR CONSTITUTION, p.49.

One of the most striking ways this "Unitary Bias" manifests is through the distribution of legislative subjects. Under Article 248, the Residuary Powers—the authority to make laws on any matter not specifically mentioned in the Union, State, or Concurrent Lists—are vested exclusively in the Parliament. This is a significant departure from many other federations where such powers belong to the states. Furthermore, the Parliament's reach extends into the state domain under specific conditions. For instance, under Article 252, if the legislatures of two or more states pass a resolution requesting the Centre to legislate on a state subject, the Parliament gains the power to do so for those specific states M. Laxmikanth, Indian Polity, Centre-State Relations, p.144.

Perhaps the most powerful expression of this centralizing tendency is found in Article 253. This article empowers the Parliament to make laws for the entire territory of India to implement international treaties, agreements, or conventions. Crucially, the Parliament can legislate on matters that normally fall strictly within the State List to fulfill these global obligations. This ensures that the division of powers does not prevent the Union from meeting its international commitments, effectively allowing the Centre to override state autonomy for the sake of national diplomacy and international law.

Feature	Nature of Power	Unitary Impact
Residuary Powers	Article 248	Ensures the Centre handles all new/unforeseen subjects.
State Request	Article 252	Allows Parliament to "step in" to help states harmonize laws.
Global Treaties	Article 253	Allows Parliament to override the State List for international goals.

Sources: Introduction to the Constitution of India, OUTSTANDING FEATURES OF OUR CONSTITUTION, p.49; Indian Polity, Centre-State Relations, p.144

4. Judicial Doctrines: Interpreting Legislative Competence (intermediate)

In our federal structure, the Constitution clearly divides legislative powers between the Union and the States through the Seventh Schedule. However, real-world issues are rarely neatly packaged. A law passed by a State on a subject like 'Public Health' might incidentally affect a Union subject like 'Medicinal preparations containing alcohol'. To resolve these overlaps and determine if a legislature has overstepped its boundaries (the 'legislative competence'), the Judiciary uses specific Judicial Doctrines.

The most vital tool in this kit is the Doctrine of Pith and Substance. 'Pith' means the 'true nature' or 'essence' of something, and 'substance' refers to its most important part. According to this doctrine, if the true character of a law falls within the competence of the legislature that made it, the law is held to be valid even if it incidentally encroaches on a subject reserved for another legislature Indian Polity, M. Laxmikanth(7th ed.), Important Doctrines of Constitutional Interpretation, p.653. For instance, in the State of Bombay vs. F.N. Balsara (1951), the Supreme Court upheld a state prohibition law because its 'pith and substance' was to control liquor (State List), even though it affected the import of liquor (Union List) Indian Polity, M. Laxmikanth(7th ed.), Important Doctrines of Constitutional Interpretation, p.655.

On the flip side, we have the Doctrine of Colorable Legislation, often described as a 'fraud on the Constitution.' This doctrine is based on the maxim: "What cannot be done directly, cannot be done indirectly." It applies when a legislature, lacking the power to pass a certain law, attempts to disguise its law to make it look like it falls within its jurisdiction Indian Polity, M. Laxmikanth(7th ed.), Important Doctrines of Constitutional Interpretation, p.657. Unlike Pith and Substance, which looks for 'incidental' overlap, Colorable Legislation looks for a 'covert' or hidden attempt to bypass constitutional limitations.

Feature	Doctrine of Pith and Substance	Doctrine of Colorable Legislation
Core Objective	To determine the true nature of a law when lists overlap.	To check if a legislature is disguising its lack of power.
Encroachment	Deals with 'incidental' or accidental overlap.	Deals with 'covert' or intentional bypass of power.
Motive	Motive is irrelevant; only the substance matters.	Focuses on the competence of the legislature, not just form.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Important Doctrines of Constitutional Interpretation, p.653-655; Indian Polity, M. Laxmikanth(7th ed.), Important Doctrines of Constitutional Interpretation, p.657

5. Administrative Relations: The Executive Overlap (intermediate)

In a federal setup, you might expect the Union and State administrations to operate in water-tight compartments. However, the Indian Constitution opts for an integrated administrative system to ensure harmony. The 'Executive Overlap' refers to the constitutional bridge where the Union’s executive power can influence or even utilize the State’s administrative machinery. Under Article 256, States are obligated to exercise their executive power in compliance with laws made by Parliament. Expanding on this, Article 257 mandates that States must not 'impede or prejudice' the exercise of the Union's executive power, and the Union can issue specific directions to States to ensure this, particularly regarding the maintenance of communication means of national importance and the protection of railways Indian Constitution at Work, FEDERALISM, p.162.

A unique feature of this relationship is the mutual delegation of functions. This allows for a flexible administrative arrangement rather than a rigid hierarchy. Under Article 258, the President may, with the consent of a State government, entrust Union executive functions to that State. Conversely, under Article 258A, the Governor of a State may, with the consent of the Government of India, entrust State executive functions to the Union Introduction to the Constitution of India, NATURE OF THE FEDERAL SYSTEM, p.65. This 'co-operative arrangement' ensures that administrative tasks are handled by whichever level of government is best equipped for the specific situation without violating sovereignty.

The overlap becomes absolute during Emergencies. For instance, under Article 353(a), during a Proclamation of Emergency, the Union’s power to give directions extends to any matter, effectively bringing the State executive under the complete control of the Union without necessarily suspending the State government Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.381. This 'unitary tilt' ensures that the nation can act as a single entity during crises.

Article	Direction of Delegation	Requirement
258	Union → State	Consent of the State Government
258A	State → Union	Consent of the Union Government

Sources: Indian Constitution at Work, Political Science Class XI, FEDERALISM, p.162; Introduction to the Constitution of India, NATURE OF THE FEDERAL SYSTEM, p.65; Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.381

6. Parliamentary Legislation in State Sphere (Articles 248-253) (exam-level)

In a federal setup, the division of power is usually sacrosanct. However, the Indian Constitution is famously a "quasi-federal" system with a strong unitary tilt. Under specific circumstances, the Union Parliament can step into the "State Sphere" to ensure national harmony or meet global obligations. Let’s break down the three critical pillars of this extraordinary power.

1. Residuary Powers (Article 248): Imagine a new subject emerges that didn't exist in 1950 (like Cyber Law). Who gets to legislate? Unlike the USA or Australia where such powers rest with the states, India follows the Canadian model. Article 248 vests the residuary power—the authority to make laws on any matter not found in the Union, State, or Concurrent Lists—exclusively in the Parliament. This includes the power to levy residuary taxes. Interestingly, under the Government of India Act 1935, this power rested with the Governor-General, but our Constitution-makers chose the Union Legislature to ensure national strength Introduction to the Constitution of India, D. D. Basu (26th ed.), DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.378.

2. Legislation by State Consent (Article 252): This is a fascinating example of cooperative federalism. When the legislatures of two or more states pass resolutions requesting the Parliament to legislate on a State List subject, the Parliament can do so. However, there is a catch: once the Parliament passes such a law, the participating states lose their power to amend or repeal it. Only the Parliament can change that law. This mechanism was used to create the Wildlife (Protection) Act, 1972 Indian Polity, M. Laxmikanth(7th ed.), Centre-State Relations, p.165.

3. Implementing International Agreements (Article 253): To fulfill its role on the world stage, the Union must be able to honor treaties. Article 253 empowers the Parliament to make laws for the whole or any part of India to implement international treaties, agreements, or conventions. Crucially, the Parliament does not need the consent of any state to do this, even if the subject matter falls squarely within the State List. This ensures that the federal structure does not become an obstacle to India's international obligations Indian Polity, M. Laxmikanth(7th ed.), Centre-State Relations, p.165.

Article	Condition	Scope
248	Subject not in any List	Exclusive Union Power
252	Consent of 2+ States	Applies only to consenting states
253	International Treaty	Applies to whole or part of India

Sources: Indian Polity, M. Laxmikanth(7th ed.), Centre-State Relations, p.146, 165; Introduction to the Constitution of India, D. D. Basu (26th ed.), DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.378

7. Solving the Original PYQ (exam-level)

This question is a perfect synthesis of the distribution of legislative powers you’ve just studied. It moves beyond the basic three lists of the Seventh Schedule to test your understanding of how the Constitution balances federalism with national interest. By now, you should recognize that while the States have autonomy, the Union Parliament possesses overriding powers under specific circumstances. Statement 1 directly tests Article 248 (Residuary Powers), which ensures that any matter not specifically mentioned in the State or Concurrent lists falls under the Parliament’s exclusive domain. Statement 2 reflects Article 252, where the Parliament acts as a facilitator when two or more states voluntarily surrender their authority for a common cause. Finally, Statement 3 invokes Article 253, highlighting that international obligations are so vital that the Parliament can legislate on State subjects without the states' consent to implement treaties. As all three conditions are constitutionally valid, the correct answer is (D) 1, 2 and 3.

To arrive at this answer, you must think like a Constitutionalist: always look for the 'exceptions' to the rule of state autonomy. A common trap in UPSC is the tendency to believe that the State List is absolutely exclusive. Candidates often hesitate on Statement 3, thinking it might violate federal principles; however, Article 253 is one of the "unitary" features that gives the Indian Constitution its unique quasi-federal character. Options (A), (B), and (C) are incorrect simply because they are under-inclusive—they ignore one or more of these valid constitutional provisions. In your revision, remember that the Parliament's power to "encroach" on the State List is not arbitrary but restricted to five specific conditions, three of which are presented right here in this question as per Indian Polity, M. Laxmikanth.