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Legislative Powers Of Parliament On State List

Composition 249 of the Indian constitution is another composition that grants agency to the Congress to make laws. Composition 249 contains vittles to the authority that Congress has, to make laws on issues mentioned in the state list. These laws are related to concerning matters as they're in the interest of the entire nation.

Composition 250 of the Indian constitution is a provision that grants special powers of legislation to Congress for issues mentioned in the state list during the proclamation of exigency. A proclamation of exigency is a protest made by the chairman of India in response to a grave situation that threatens the security or fiscal stability of the country.

Composition 251 of the Indian constitution was formulated to address the differences that may arise due to the inconsistency between the laws. It refers to the laws introduced by the Congress and the Council of Countries. In this case, laws made by Congress are under vittles handed by papers 249 and 250 of the Indian constitution.

Composition 249
The introductory clause that's clause( 1) of composition 249 states that the provision handed in the former papers of this chapter doesn't have any influence on this particular clause.

Clause (1) It adds that if a resolution has been passed by the Council of Countries, or Rajya Sabha and said resolution has been supported by at least 2/a 3rd of its members or further that were present and voting, also the Council of Countries can declare that such a resolution is extremely pivotal and necessary for the congress to make laws for the entire country or any part of the Indian home concerning those issues that need addressing. These are the matters that are mentioned in the state list and said resolution as well, keeping in mind the interest of the whole nation.

The coming clause of composition 249 tells us that if a resolution has been issued under clause( 1) also it must stay auberge effect for a duration not exceeding time as defined in the clause. It further explains that if and so constantly as a resolution authorizing the durability of any similar resolution is made in the manner specified in clause( 1), also such a resolution shall remain in effect for a time further from the date on which, under this clause, it would else have desisted to be in force.

The final clause of this composition informs us that if legislation has been passed by Congress, in a normal situation, Congress would not have been competent to legislate but just for the passage of resolution under clause (1) must pass to the extent of insufficiency.

Composition 250
Composition 250 is composed of clauses clause 1 and clause 2.

Clause(1) The first clause of Composition 250 states that Congress shall be bestowed with the power to frame laws for the entire nation or any portion of a home of India. The timber of these laws will be about the levies charged for pictures of goods and services handed under composition 249A of the Indian constitution or to address any of the issues that find a citation in the state list. still, a point to be noted then is that this provision is valid only while a proclamation of exigency is in effect.

The state list is a part of the constitution of India that enumerates subjects over which the houses of countries have exclusive power to make laws. This means that while a proclamation of exigency is in effect, congress has the power to make laws on a wide range of subjects that are generally within the governance of state government.

Clause(2) Clause(2) of Composition 250 addresses a law that was made by Congress during a proclamation of exigency, which is a protestation made by the government in response to an extreme situation that threatens the nation. The law is only effective for 6 months after the proclamation of exigency has ended unless it has formerly enforced conduct grounded on the law before the expiration of six months.

Composition 251
Composition 251 explains that the Council of State has been granted certain authority and special powers by the constitution of our country. Due to the picture of this power upon it, the Council of State can make laws. still, the vittles mentioned in Composition 249 of the Indian constitution and Composition 250 of the Indian constitution can not limit the power of the Council of State. still, the law made by the council of a state won't be valid or not functional only till the time the law made by the congress is enforced and has an effect. As soon as the law made by the congress reaches expiration of its period, the law made by the council of state shall have effect from also.

Case laws:
Nahinder Singh alias Wahinder Singh and others pleaders v The Union of India and others:
The seventh schedule to the constitution thus can only be subject to legislation by a state council, that in any case, although under certain conditions under composition 249 of the constitution. Parliament could ordain regarding matters included in the state list, the act had expired before the proceeding started in which the impugned orders were passed.

State of Kerela and others v Mar appraem kuri company limited and Another
Compositions 250 and 251 also use the word" make" and not" inception". If one reads the Head Note to Composition 250 it refers to the power of Congress to be enacted concerning any matter in the state list if a proclamation of exigency is in operation. The word" made" also finds a place in composition 250( 2). In other words, the verb" make" comes to the constitution bench to decide with assurance the following core issues of indigenous significance under composition 254( 1) of the constitution.

State of Bihar and others v Shree Baidyanath Ayurved Bhawan( p) Ltd and others
List in public interest while Composition 250 empowers Congress to ordain concerning any matter in the state list if a proclamation of exigency is in operation. Composition 251 says that the licensing procedure was in substance an excise duty, which violated composition 301 of the constitution, which guarantees free trade, commerce, and intercourse throughout the home of India. It was announcements and accordingly, the High Court concluded that the impugned announcements were discriminative and violative of composition 14 of the constitution.

Conclusion
In summary, Composition 249 of the Indian constitution contains the vittles for allowing power the Congress of India to make laws in respect of issues that find a citation in the state list.

Composition 250 of the Indian constitution subventions special powers to Congress. This power is used to make laws on any matter in the state list while a proclamation of exigency is in progress.

This 251 composition provides that the vittles contained in compositions 249 and 250 can not hamper the council of a state from making any law that the constitution gives it the power to make. Still, the congress has the power to make. still, the congress has power to make laws under either of the 2 articles. However, also the law made by Congress will take priority if any part of a law made by the Council of State conflicts with a law made by Congress. This would be irrespective of whether it was passed before or after the law made by the council of the state.


Award Winning Article Is Written By: Ms.S.Kavya Sri
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