What are the legislative functions of …

Legislative Functions

• The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
• In the case of the Concurrent List, where the state legislatures and the Parliament have joint jurisdiction, the union law will prevail over the states unless the state law had received the earlier presidential assent. However, the Parliament can any time, enact a law adding to, amending, varying or repealing a law made by a state legislature.
• The Parliament can also pass laws on items in the State List under the following circumstances:
  • If Emergency is in operation, or any state is placed under President’s Rule (Article 356), the Parliament can enact laws on items in the State List as well.
  • As per Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by ⅔ majority of its members present and voting, that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.
  • As per Article 253, it can pass laws on the State List items if it is required for the implementation of international agreements or treaties with foreign powers.
  • According to Article 252, if the legislatures of two or more states pass a resolution to the effect that it is desirable to have a parliamentary law on any item listed in the State List, the Parliament can make laws for those states.