Union–State Legislative Relations

Union List (List I): Parliament only — Defence, Foreign Affairs, Currency, Banking, Railways, etc. Residuary powers also vest in Parliament (Article 248).

State List (List II): State Legislature only — Public Order, Police, Agriculture, Land, Local Government, Public Health, etc.

Concurrent List (List III): Both Parliament and State — Education, Criminal Law, Marriage, Contracts, Labour. In repugnancy, Union law prevails (Article 254). Exception: State law with Presidential assent prevails in that State — but Parliament can override.

Pith and Substance: Courts look at the true nature and character of legislation. If it falls substantially within the legislature's competence, it is valid even if it incidentally trenches on another legislature's field. Case: State of Bombay v. F.N. Balsara (1951).

Colorable Legislation: The legislature cannot do indirectly what it cannot do directly. If the substance encroaches on another legislature's domain, it is colorable. Case: K.C. Gajapati Narayan Deo v. State of Orissa (1953).

Occupied Field: When Parliament intends to legislate exhaustively on a Concurrent List subject, States cannot legislate on the same subject.

Article 254 — Repugnancy: Union law on Concurrent List prevails over State law. Exception: State law with Presidential assent prevails in that State — but Parliament can supersede by subsequent legislation.

• Article 249: Rajya Sabha resolution by 2/3 majority — national interest

• Article 250: During National Emergency

• Article 252: Parliament legislates for two or more States by consent

• Article 253: To implement international treaties — even State List subjects

• Article 356: During President's Rule — Parliament legislates for the State