Parliamentary Legislation in the State Field

i) When Rajya Sabha Passes a Resolution

• If the Rajya Sabha supports a resolution by a two-thirds majority that it is necessary for the Parliament to legislate on a matter in the State List or goods and services tax, the Parliament can proceed to make laws on that matter.

• The resolution remains in force for a year and can be renewed for further periods of one year each.

• State legislatures can still make laws on the same matter, but parliamentary laws take precedence in case of inconsistency.

ii) During a National Emergency

• While a national emergency is in effect, the Parliament gains the power to legislate on goods and services tax or matters in the State List.

• These laws become inoperative six months after the national emergency ends, unless renewed.

• State legislatures can still make laws on the same matter, but parliamentary laws take precedence in case of conflict.

iii) When States Make a Request

• If multiple state legislatures pass a resolution requesting the Parliament to make laws on a State List matter, the Parliament can proceed to do so.

• The law applies initially only to the states that requested it, but other states can later adopt it.

• Only the Parliament can amend or repeal these laws, not the state legislatures.

iv) To Implement International Agreements

• The Parliament can legislate on State List matters for the purpose of implementing international treaties, agreements, or conventions.

• This provision allows the Central government to meet its international obligations.

v) During President’s Rule

• When President’s rule is in place in a state, the Parliament can make laws on any matter in the State List related to that state.

• These laws continue to be in effect even after President’s rule ends but can be amended or repealed by the state legislature.

Centre’s Control Over State Legislation

• Governor’s Reservation: Certain bills passed by the state legislature can be reserved by the governor for the President’s consideration. The President has an absolute veto over these bills.

• President's Sanction: Bills on specific State List matters may require the prior sanction of the President before they can be introduced in the state legislature (e.g., bills imposing restrictions on trade and commerce).

• Financial Emergency: During a financial emergency, the Centre can direct states to reserve money bills and other financial bills for the President’s consideration.