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Legislative Powers in India: Articles 245 to 254 Explained

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📘 DISTRIBUTION OF LEGISLATIVE POWERS
Articles 245 – 254

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS (J) and other Judicial Services throughout India a simplified Note on the Constitutional provisions relating to distribution of legislative powers.


⚖️ Constitutional Provisions

Article 245                  Territorial extent
•	Subject to provisions of this Constitution
•	Parliament may make laws
o	for the whole or any part of India
•	Legislature of a State may make laws
o	for the whole or any part of State
•	No law made by Parliament
o	shall be deemed to be invalid
o	on the ground that it would have extra-territorial operation

Article 246                      Subject matter of laws
(1)
•	Parliament has exclusive power
o	to make laws
o	on any matter in List I in Seventh Schedule
(2)
•	Parliament and Legislature of a State have power
o	to make laws
o	on any matter in List III in Seventh Schedule
(3)
•	Legislature of a State has exclusive power
o	to make laws for such State or any part
o	on any matter in List II in Seventh Schedule
(4)
•	Parliament has power
o	to make laws
o	on any matter in any List
o	for any part of India not included in a State

Article 246A(1)*
•	Notwithstanding articles 246 and 254:
•	Parliament and Legislature of every State
o	shall have power to make laws
o	on goods and services tax imposed by the Union or by such State
Article 246A (2)*
•	Parliament has exclusive power to make laws
o	with respect to goods and services tax
o	where supply of goods or services takes place
o	in the course of inter-State trade or commerce
Explanation
•	Provisions of this article
o	for goods and services tax referred in article 279A(5)
o	shall take effect
o	from the date recommended by the Goods and Services Tax Council
*Note:
•	Article 246A has been inserted
o	by the 101st Amendment Act 2016

Article 247
•	Parliament may by law can
o	provide for establishment of additional courts for better administration
	of laws made by Parliament or of any existing laws
	on a matter in Union List

Article 248                         Residuary Powers of Legislation
•	Subject to article 246A
•	Parliament has exclusive power
o	to make law
o	on any matter not in Concurrent List or State List
•	Parliament has exclusive power
o	to impose any tax
o	not mentioned in those Lists

Article 249
•	If Council of States has declared by resolution
o	by not less than two-thirds of members present and voting
•	that it is necessary or expedient in national interest
•	that Parliament should make laws
o	on goods and services tax (article 246A) or
o	on a specified matter in State List
•	Parliament can make laws on that matter
o	while the resolution is in force

•	Such resolution shall remain in force for a period specified therein
o	but not exceeding one year
•	Such resolution shall continue in force for a further period of one year
o	if and so often as another resolution approving continuance is passed

Temporary Law
•	A law made under this article
o	shall cease to have effect
o	on expiry of six months from the end of resolution

Article 250                       During Emergency
•	Parliament shall have power
o	while Emergency is in operation
•	to make laws for whole or any part of India
o	on goods and services tax (article 246A) or
o	on any matter in State List
Temporary Law
•	A law made under this article
o	shall cease to operate
	o	on expiry of six months after end of Emergency

Article 251
•	Articles 249 and 250 shall not restrict power of a State Legislature
	o	to make any law which it otherwise has power to make

•	If such law is repugnant to a law made by Parliament under these articles
•	Law made by Parliament shall prevail
	o	whether passed before or after the law made by State Legislature
•	Law made by State Legislature shall be inoperative
	o	to the extent of repugnancy
	o	but so long only as the law made by Parliament continues to have effect

Article 252
•	If resolutions are passed by Legislatures of two or more States
	o	that it would be desirable that a matter
		on which Parliament has no power to make laws for States
		except under articles 249 and 250
	o	should be regulated in such States by Parliament
•	it shall be lawful for Parliament to pass an Act for regulating that matter
•	Any Act so passed shall apply
	o	to such States and also
	o	to any other State by which it is adopted afterwards
		by resolution passed by Legislature of that State
•	Any Act so passed by Parliament
	o	may be amended or repealed by Parliament
	o	 but shall not be amended or repealed by State Legislature

Article 253
•	Notwithstanding anything in this Chapter
•	Parliament has power to make any law
	o	for implementing
		any treaty, agreement or convention with any country
		any decision made at any international conference

Article 254                     Repugnancy in Concurrent List laws
(1)
•	If a law made by a State Legislature
	o	is repugnant
		to a law made by Parliament or to an existing law
		on a matter in Concurrent List
•	law made by Parliament shall prevail
	o	whether passed before or after State law
•	law made by State Legislature shall be void
	o	to the extent of repugnancy
(2)
•	Where a law made by State Legislature
	o	on a matter in Concurrent List
	o	contains any provision repugnant to provisions of
	o	an earlier law made by Parliament or an existing law on that matter
•	then, the law so made by State Legislature
	o	shall prevail in that State
		if it has been reserved for consideration of President and
		has received his assent
Proviso
•	Parliament can enact at any time
	o	any law on the same matter
•	Such law can add to, amend or repeal
	o	the law so made by State Legislature

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Frequently Asked Questions (FAQs)

Article 245 empowers Parliament to make laws for the whole or any part of India.
Even if a law has extra-territorial operation, it is still valid and cannot be struck down for that reason.
This is why Article 245 is frequently searched by judiciary aspirants preparing for jurisdiction-based questions.

Under Article 246:
• Parliament has exclusive authority over the Union List ✅
• States have authority over the State List ✅
• Both can legislate on the Concurrent List ✅
If a conflict arises, Parliament’s law prevails, especially under Article 254 which resolves repugnancy issues.

Article 246A (inserted by the 101st Amendment) gives both Parliament and State Legislatures power to make GST laws.
But Parliament alone can legislate on GST for inter-State trade and commerce.
This division is a common long-tail search query for GST-related constitutional law doubts.

Article 249 empowers Parliament to make laws on State List matters when the Rajya Sabha passes a resolution (by 2/3rd members present and voting) declaring it necessary in national interest.
The law remains valid for the duration of the resolution and six months beyond its expiry.

During a national emergency, Parliament may legislate on **any State List subject**.
Laws passed under Article 250 remain valid until six months after the Emergency ends.
This topic is highly searched during constitution + emergency provisions study.

Article 254 states that if a State law conflicts with a Central law on a Concurrent List subject, the Central law overrides.
However, if the State law gets Presidential assent, it prevails in that State — unless Parliament later amends or repeals it.
This provision is crucial for judiciary aspirants studying Centre–State relations.

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