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Centre State Relations - Legislative Relations III
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In this lesson, situations in which centre can legislate on a state subject - Rajya Sabha declaring a subject in the state list as a subject of national importance, Parliament's power to legislate when national emergency is in force and two or more states requesting Parliament to make a law on a state subject, are explained

Deepika Reddy Magham is teaching live on Unacademy Plus

Deepika Reddy Magham
BCA, LLB, MBA; Director, Shikara IAS Academy; 10 years experience in teaching Indian Polity, Ethics, Indian Society and Social Justice.

U
Unacademy user
Nice video thank you sir ji
sorry mam the law made by rajyasabha is not permanent if they renew it in 6 months .... the law made rajyasabha in state list by considering it is national interest will become unnecessary after the expiration of the resolution.....i got this answer by consulting two teachers 1.kalyan sir & 2.pratik sir(vision ias)
Gautham this is the text of the article 249;
 Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force (2) A resolution passed under clause ( 1 ) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause ( 1 ), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force (3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause ( 1 ) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period
If I am not wrong the question you asked earlier was with respect to the declaration. Anyways let me clarify:
1. A resolution declaring a subject as subject of national importance by a special majority and such declaration will be in force for 1 year, extendable one year at a time
2. Parliament can make a law on such subject but the law will be temporary in nature as in it will be in force until after 6 months of the declaration of Rajya Sabha ceases to be in operation
Please remember if you are talking about a law then a law is made by Parliament and not Rajya Sabha. In this context Rajya Sabha only makes a declaration and not law.
Hope this is clear
Gówthám
10 months ago
yes mam i got a answer in ur last comment that the law is temporary but u said in vedio that ...it is permanent ....thats y im raising so many questions....tq for your valuable reply mam....plz make so many vedio and help poor students like me
2. Parliament can make a law on such subject but the law will be temporary in nature as in it will be in force until after 6 months of the declaration of Rajya Sabha ceases to be in operation Ma'am, can you please explain this with an example
all i need to say thank u madam
Hi Mam, what after 1 year of making the law by parliament for any state? Does the law remain enforced in state? What if state then makes a law on same subject after 1 year? Please clarify
mam plz explain this sentence..."the law cease to have effect on the expiration of six months after the resolution has ceased to be in force"
The law made by Parliament will not be in force after six months
  1. CENTRE STATE RELATIONS LEGISLATIVERELATIONS - II1 M.DEEPIKA REDDY VERIFIED EDUCATOR - UNACADEMY FACULTY - CIVIL SERVICES


  2. CENTRE LEGISLATES ON STATE SUBJECTS Situations: 1. Article 249 2. Article 250 3. Article 252 4. Article 253 5. Article 356


  3. ARTICLE 249 Article 249 empowers the Rajya Sabha to declare any subject in the state list as a subject of national importance by passing it with a special majority of two-thirds present and voting.


  4. ARTICLE 250 Article 250 empowers the Parliament to make laws on any subject in the state list when National emergency is in force.


  5. ARTICLE 252 Article 252 empowers two or more states to pass a resolution in their respective state assemblies with a simple majority empowering the Parliament to make a law on a state subject. The law made the Parliament on such a subject can be enforced only in those states that passed the resolution. If any other state wants to adopt the same law, it has to pass a resolution in its assembly to this effect.


  6. ARTICLE 253 Article 253 empowers the Parliament to make a law on any subject in the state list in order to give effect to an international agreement. In making such a law, there is no condition that the Parliament must inform the concerned state or states or take their consent.


  7. ARTICLE 356 When state emergency or President's rule is declared in a State under Article 356, the Government (executive and legislature) of that State is suspended and therefore the Parliament can make a law on any subject in the State list applicable in that state only