Question

The union parliament is the law-making body at the central level. In this context briefly describe:
(a)Its power to make laws on subjects mentioned in the union list and the concurrent list
(b) Its residuary powers
(c) Its power to make a law on a matter in a state list

Answer 1

Hint: The Parliament is a body of elected members who then go on to constitute a part of the government. The law making powers of the country lie with the Parliament.

Complete answer: The Parliament provides three lists, Union List, State List and Concurrent List for lawmaking.
(a) Its power to make laws on subjects mentioned in the union list and the concurrent list- Only the Parliament has a right to make laws on subjects mentioned in the Union List. However, in Concurrent List, both Parliament and State Legislatures can make laws on the subjects given but if both Parliament and State legislature make a law on a subject then the Parliament has preference over the law made by the state Legislature.
(b) Its residuary powers- Residuary powers refer to the Parliament’s power of making laws on subjects that are not mentioned in any of the lists. These provisions are mentioned in Article 248 of the Constitution and entry 97 of the Union List.
 (c) Its power to make a law on a matter in a state list- the parliament also has the authority to makes laws about the subjects on the State List under special circumstances:
- When Rajya Sabha states that a subject is of National Interest.
- When there is a National Emergency or President’s Rule in a state.
- If two or more states come together to make a request to the Parliament.
- When the Parliament considers it necessary to influence international agreements, conventions, and treaties.

Note: It is to be noted that there are three lists provided by the Parliament and that they serve very different functions. The matters listed in the Union list include defence, foreign affairs, currency, war, etc. The matters in the state list include public order, police, local government etc. The union list includes subjects of common interest.