The Parliament can legislate on the subjects in the State List if the

1. The Seventh Schedule and Division of Powers (basic)

At its heart, the Indian Constitution is federal, meaning it divides power between the Central government and the State governments. This division is not arbitrary; it is meticulously detailed in Article 246 and the Seventh Schedule of the Constitution. Think of the Seventh Schedule as a 'functional map' that prevents the two levels of government from stepping on each other's toes by creating three distinct 'Lists' of authority. As noted in Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. | Important Doctrines of Constitutional Interpretation | p.653, Article 246 ensures that both the Parliament and State Legislatures operate within their own jurisdictions to maintain the balance of the republic.

The three lists are categorized based on the scope and nature of the subjects they contain:

List Name	Who Legislates?	Scope of Subjects
Union List (List I)	Parliament exclusively	National importance (Defense, Banking, Foreign Affairs)
State List (List II)	State Legislatures exclusively	Local/Regional importance (Police, Agriculture, Public Health)
Concurrent List (List III)	Both Parliament & States	Shared interest (Education, Forests, Marriage)

While this division seems strict, the Indian Constitution includes a 'Unitary Bias' to ensure national integrity. This means that if there is a conflict or overlap between a Central law and a State law on a subject in the Concurrent List, the Central law generally prevails. As explained in Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. | Centre State Relations | p.146, the Union List always takes precedence over the other two, and the Concurrent List takes precedence over the State List in case of a direct clash. However, a unique exception exists: if a State law on a Concurrent subject receives the President's assent, it can prevail within that specific State despite a conflicting Central law.

Sources: Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill., Important Doctrines of Constitutional Interpretation, p.653; Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill., Centre State Relations, p.146

2. Territorial Jurisdiction of Central and State Laws (intermediate)

Welcome back! Now that we understand the houses of Parliament, let’s look at where their laws actually work. In a federal setup like India, we have a clear geographical division of power. Think of it as a "legal map": Article 245 of the Constitution defines the territorial limits of the laws made by the Centre and the States. This ensures that the Union and State governments don't step on each other's toes geographically.

The Parliament has the broadest reach. It can make laws for the whole or any part of the territory of India, which includes all States, Union Territories, and any areas India might acquire in the future Laxmikanth, M. Indian Polity, Centre State Relations, p.144. A unique feature of the Parliament is its extra-territorial jurisdiction. This means a law passed by the Indian Parliament can apply to Indian citizens and their property anywhere in the world—whether they are in New York or Tokyo. No State Legislature has this power.

On the other hand, a State Legislature is generally confined to its own borders. Its laws apply to the whole or any part of that specific state Indian Polity, M. Laxmikanth, Important Doctrines of Constitutional Interpretation, p.652. However, there is a fascinating exception called the Doctrine of Territorial Nexus. If a state can prove there is a "sufficient connection" (nexus) between the state and the object of the law located outside, that law can occasionally have an effect beyond the state's borders. For example, if a company is based in Mumbai but conducts all its business in Bihar, Bihar might have a "nexus" to tax that specific activity.

Feature	Parliament (Centre)	State Legislature
Geographical Scope	Whole of India (States + UTs + Acquired areas)	Within the State boundaries only.
Extra-territorial Reach	Yes; applies to Indian citizens/property abroad.	No; except via "Territorial Nexus."
Restrictions	President/Governor can restrict laws in specific areas (like Scheduled Areas or UTs).	Cannot legislate on subjects outside the State/Concurrent lists.

It is also important to note that the Parliament’s power is not always absolute. The President can direct that an Act of Parliament does not apply to certain Union Territories (like the Andaman and Nicobar Islands) or applies only with specific modifications to protect the local population Laxmikanth, M. Indian Polity, Centre State Relations, p.144. Similarly, the Governor has certain powers regarding Scheduled Areas within a state.

Sources: Laxmikanth, M. Indian Polity, Centre State Relations, p.144; Indian Polity, M. Laxmikanth, Important Doctrines of Constitutional Interpretation, p.652

3. Nature of Indian Federalism: Unitary Bias (basic)

To understand the Indian political system, we must first look at the basic distinction between a Federal and a Unitary constitution. In a pure federal system, like that of the USA, power is strictly divided between the national and regional governments, allowing each to operate independently within their own spheres. Conversely, a unitary system (like the UK) concentrates power in the central authority. India, however, chose a unique middle path. While it provides for a division of powers, it incorporates a significant unitary bias, meaning the scales are tilted in favor of the Union government Laxmikanth, M. Indian Polity, Concept of the Constitution, p.24.

This centralizing tendency led famous constitutional expert K.C. Wheare to describe the Indian Constitution as 'quasi-federal'. He observed that India is a federation with a strong unitary spirit, rather than a strictly federal state Laxmikanth, M. Indian Polity, Federal System, p.141. Other scholars have characterized this balance in various ways to highlight its flexibility:

Scholar	Description of Indian Federalism
K.C. Wheare	Quasi-federal (federal in form, unitary in spirit)
Granville Austin	Co-operative federalism
Morris Jones	Bargaining federalism
Ivor Jennings	Federation with a centralising tendency

One of the most striking examples of this bias is found in the legislative powers of the Houses. Under Article 249, the Rajya Sabha has the unique power to authorize Parliament to make laws on matters normally reserved for the State List. If the Rajya Sabha passes a resolution supported by at least two-thirds of the members present and voting, declaring it necessary in the national interest, Parliament gains the competence to legislate on that state subject Laxmikanth, M. Indian Polity, Federal System, p.141. This highlights a key feature of our system: it can transform into a more unitary structure without the need for a formal constitutional amendment, ensuring the nation can act as a single unit when the situation demands D. D. Basu, Introduction to the Constitution of India, OUTSTANDING FEATURES OF OUR CONSTITUTION, p.49.

Sources: Laxmikanth, M. Indian Polity, Concept of the Constitution, p.24; Laxmikanth, M. Indian Polity, Federal System, p.141; Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.29; D. D. Basu, Introduction to the Constitution of India, OUTSTANDING FEATURES OF OUR CONSTITUTION, p.49

4. Residuary Powers and Article 248 (intermediate)

In any federal system where powers are divided between a central government and regional units, it is impossible to predict every single subject that might need legislation in the future (like cyber law or space exploration). Residuary powers refer to those matters that are not specifically mentioned or enumerated in any of the existing legislative lists. Under the Indian Constitution, Article 248 clarifies that the Parliament has the exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List Indian Polity, M. Laxmikanth, Centre-State Relations, p.146.

This power is quite broad; it doesn't just cover general laws, but specifically includes the authority to levy residuary taxes. For instance, if a new type of tax is required that doesn't fit into the specific entries of the Seventh Schedule, the Parliament can invoke Article 248 to legislate it. While the Seventh Schedule provides the roadmap for power, the Judiciary acts as the final arbiter. If a dispute arises about whether a subject is truly "residuary" or if it actually falls under a State List entry, the courts decide the matter Introduction to the Constitution of India, D. D. Basu, Distribution of Legislative and Executive Powers, p.378.

India’s approach to residuary powers is a significant departure from some other famous federations. To understand the logic behind our centralized residuary power, it helps to look at how different countries handle the "leftovers":

System/Act	Who holds Residuary Power?	Notes
USA & Australia	The States	Follows the principle of limited central government.
Canada	The Centre	India follows this Canadian precedent to ensure a strong Union.
GOI Act, 1935	Governor-General	Powers were given to neither the Federal nor Provincial legislatures.
Modern India	The Parliament	Established via Article 248 to provide flexibility for future needs.

By vesting these powers in the Parliament, the makers of our Constitution ensured that the Union remains strong and capable of handling emerging national challenges without constantly needing to amend the Constitution to add new entries to the Union List Laxmikanth, M. Indian Polity, Federal System, p.141.

Sources: Indian Polity, M. Laxmikanth, Centre-State Relations, p.146; Introduction to the Constitution of India, D. D. Basu, Distribution of Legislative and Executive Powers, p.378; Laxmikanth, M. Indian Polity, Federal System, p.141

5. Parliamentary Legislation for International Agreements (intermediate)

In a federal structure like India, the division of power is usually rigid—the Union handles the Union List and the States handle the State List. However, imagine if India signed an international treaty to protect endangered migratory birds, but a specific State government refused to implement the rules because "Forests" or "Wildlife" were under their jurisdiction. To prevent such a diplomatic deadlock, the Constitution provides a unique overriding power to the Parliament.

Under Article 253, the Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries. This is a critical exception to the federal rule. When it comes to fulfilling international obligations, the normal distribution of powers does not apply. The Parliament can legislate even on subjects mentioned in the State List without needing the consent of the states or a special resolution from the Rajya Sabha D. D. Basu, Introduction to the Constitution of India, Distribution of Legislative and Executive Powers, p.379.

This provision ensures that India can speak with one voice in the international community and that the Union government is not rendered helpless by domestic federal divisions. Several landmark laws have been enacted using this authority, such as the Geneva Convention Act (1960), the Anti-Hijacking Act, and various environmental legislations M. Laxmikanth, Indian Polity, Chapter 14, p.147. It essentially turns the Indian federal system into a unitary one for the specific purpose of international compliance.

Sources: Indian Polity, Chapter 14: Federal System, p.147; Introduction to the Constitution of India, DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS, p.379

6. Legislative Impact of Emergencies (intermediate)

In a standard federal setup, the division of powers between the Centre and the States is clearly demarcated by the Seventh Schedule. However, the Indian Constitution is unique because it allows the federal structure to transform into a unitary one during exigencies without a formal constitutional amendment. This 'flexibility' is most visible in how the Parliament's legislative reach extends into the State List during emergencies or specific national requirements Indian Polity, M. Laxmikanth (7th ed.), Chapter 14: Federal System, p. 141. Under Article 250, while a Proclamation of National Emergency is in operation, Parliament acquires the power to legislate on any matter in the State List for the entire country or any part of it.

It is a common misconception that state legislatures are abolished during a National Emergency. In reality, the State Legislature is not suspended; it continues to have the power to make laws on State subjects. However, its power becomes subject to the overriding power of the Parliament. If there is a conflict between a state law and a central law made under these provisions, the central law prevails, as specified under Article 251 Indian Polity, M. Laxmikanth (7th ed.), Chapter 16: Emergency Provisions, p. 175. Once the emergency ceases to operate, these laws made by Parliament on State subjects typically lose their effect after six months.

The situation differs significantly during President's Rule (Article 356). Unlike a National Emergency where the state government continues to function under central direction, during President's Rule, the state government is dismissed and the State Legislature is either suspended or dissolved. In this scenario, Parliament exercises the legislative power of that specific state entirely Indian Polity, M. Laxmikanth (7th ed.), Chapter 16: Emergency Provisions, p. 178. To help you distinguish between these legislative shifts, look at the table below:

Provision	Trigger	Status of State Legislature
Article 249	Rajya Sabha Resolution (National Interest)	Functions normally; Parliament gets concurrent power.
Article 250	National Emergency (Art. 352)	Functions normally; Parliament has overriding power.
Article 356	President's Rule	Suspended or Dissolved; Parliament legislates for the state.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Chapter 14: Federal System, p.141; Indian Polity, M. Laxmikanth (7th ed.), Chapter 16: Emergency Provisions, p.175, 178

7. Legislation by Consent of States (Article 252) (exam-level)

In our federal setup, the distribution of legislative powers is usually rigid: the Union handles the Union List, and States handle the State List. However, Article 252 provides a unique mechanism for "Legislation by Consent." This occurs when the legislatures of two or more states pass resolutions stating that it is desirable for Parliament to regulate a matter normally reserved for the states. Once such resolutions are passed, Parliament gains the authority to enact a law on that specific subject for those specific states Indian Polity, M. Laxmikanth(7th ed.), Centre-State Relations, p. 147.

It is important to understand the voluntary nature of this provision. The law enacted by Parliament does not automatically apply to all states; it applies only to those states that passed the initial resolution. However, any other state can later "opt-in" by passing a similar resolution in its own legislature. This is a classic example of Cooperative Federalism, where states voluntarily surrender a portion of their autonomy to the Union to achieve a uniform national standard on a particular issue, such as environmental protection or wildlife management.

The most critical consequence of invoking Article 252 is the surrender of legislative competence. Once Parliament makes a law under this Article, the participating states lose their power to amend or repeal it. Only Parliament has the authority to amend or repeal such an Act. The state legislatures are effectively "stopped" from legislating on that specific matter as long as the Parliamentary law is in force. This distinguishes it from Article 249, where the Rajya Sabha initiates the power transfer in the national interest without a specific request from the states Indian Polity, M. Laxmikanth(7th ed.), Federal System, p. 141.

Feature	Article 249 (National Interest)	Article 252 (By Consent)
Initiated by	Rajya Sabha Resolution	Two or more State Legislatures
Scope	Applies to the whole of India	Applies only to consenting states
Amendment	State can still make laws (subject to repugnancy)	State loses power to amend or repeal

Sources: Indian Polity, M. Laxmikanth(7th ed.), Centre-State Relations, p.147; Indian Polity, M. Laxmikanth(7th ed.), Federal System, p.141

8. Article 249: The Special Role of Rajya Sabha (exam-level)

In the delicate balance of Indian federalism, the State List is usually the exclusive domain of state legislatures. However, our Constitution-makers recognized that certain situations might arise where a local matter becomes a national priority. To handle this without permanently stripping states of their powers via a Constitutional Amendment, Article 249 provides a unique "safety valve." It empowers the Rajya Sabha, as the representative body of the States, to authorize the Parliament to legislate on any subject mentioned in the State List in the national interest Indian Polity, M. Laxmikanth, Chapter 14, p.141.

For this to happen, the Rajya Sabha must pass a formal resolution. This isn't a simple process; it requires a special majority of not less than two-thirds of the members present and voting. This high threshold ensures that the Parliament can only intervene when there is an overwhelming consensus among the representatives of the States that such a move is "necessary or expedient." It is one of the exclusive powers of the Rajya Sabha that the Lok Sabha does not possess, reinforcing the Upper House's role as the guardian of the federal structure Indian Polity, M. Laxmikanth, Chapter 22, p.260.

It is important to understand the temporary nature of this power. A resolution passed under Article 249 remains in force for a maximum of one year at a time. While it can be renewed indefinitely—one year at a stretch—the law made by Parliament under this provision ceases to have effect six months after the resolution expires. This ensures that the Union's legislative reach into state matters is specifically tailored to a time-bound national necessity rather than a permanent takeover Indian Polity, M. Laxmikanth, Chapter 14, p.141.

Sources: Indian Polity, M. Laxmikanth, Chapter 14: Federal System, p.141; Indian Polity, M. Laxmikanth, Chapter 22: Parliament, p.260

9. Solving the Original PYQ (exam-level)

You’ve just mastered the building blocks of Federalism and the Distribution of Legislative Powers under the Seventh Schedule. This question is the perfect application of those concepts, specifically the "extraordinary powers" of Parliament. While the State List is generally the exclusive domain of state legislatures, the Constitution provides specific "flexibility valves" to ensure national unity. As you learned in Indian Polity, M. Laxmikanth, these exceptions allow the Union Parliament to legislate on state subjects without a formal Constitutional Amendment, ensuring the system can adapt to national interest when required.

To arrive at Option (C), you must focus on the unique role of the Rajya Sabha. Because it is the "Council of States," the Constitution-makers designated it as the gatekeeper of state autonomy. Think of it this way: for the Centre to step into the States' territory, the representatives of the States must first give their consent. Under Article 249, this consent is formalized through a resolution passed by a special majority (not less than two-thirds of the members present and voting). This ensures that the shift in power is backed by a broad consensus, fulfilling the requirement of expediency in the national interest.

UPSC often uses "high-authority" figures as traps, which is why Options (A), (B), and (D) are incorrect. The President, Prime Minister, and Supreme Court hold immense power, but none of them have the constitutional authority to rewrite legislative jurisdictions. Assigning this power to the Executive (President/PM) would violate the Separation of Powers, and the Judiciary's role is to interpret laws, not authorize their creation. The trap is designed to see if you rely on the perceived status of an office rather than the specific Constitutional mechanism that maintains the federal balance.