Q. Division as well as important subjects are not only skewed in favour of union government but there are circumstances when parliament can make law on the state subjects, Discuss. [150 words, 10 marks, 2 pages, 7 min]

Introduction: The division of subjects between the Union and the State governments in India is enshrined in the Constitution, specifically in the Seventh Schedule, which outlines three lists: the Union List, the State List, and the Concurrent List. 

However, there are several provisions that allow the Union government to legislate on matters that are otherwise within the domain of the States. 

Skewed Nature of Division in Favour of Union Government

1. Union List: 
   1. The Union List contains subjects of national importance such as defence, foreign affairs, atomic energy, and railways, on which only the Parliament can legislate. 
   2. It comprises a larger number of items compared to the State List, thereby giving the Union government a broader scope of legislative authority.
2. Concurrent List: 
   1. Both the Union and State governments can legislate on subjects in the Concurrent List. However, in case of a conflict between Union and State laws on a Concurrent List subject, the Union law prevails. This further tilts the balance of power towards the Union government.
3. Residual Powers: Article 248 of the Constitution vests the Union Parliament with residuary powers, meaning any subject not mentioned in any of the three lists automatically falls under the Union's jurisdiction.

Circumstances Allowing Parliament to Legislate on State Subjects

1. National Interest (Article 249): If the Rajya Sabha (Council of States) passes a resolution by a two-thirds majority that it is necessary in the national interest for the Parliament to legislate on a matter in the State List, Parliament can do so. This provision is meant to address issues that require a uniform national policy.
2. Emergency Provisions (Article 250): During a national emergency (under Article 352), Parliament can legislate on any subject in the State List. This is designed to ensure that the Union government can take necessary actions to address the emergency effectively.
3. State Legislature Consent (Article 252): If the legislatures of two or more States pass resolutions requesting the Parliament to legislate on a State List subject, Parliament can enact the law, and it will apply only to those states. Other states can adopt the law later if they wish.
4. Failure of Constitutional Machinery in a State (Article 356): When President's Rule is imposed in a state due to the failure of constitutional machinery, Parliament assumes the power to legislate on State List subjects for that state. This is meant to restore governance and normalcy in the state.
5. Implementation of International Agreements (Article 253): Parliament can legislate on any subject in the State List to implement international treaties, agreements, or conventions. This ensures that India can fulfil its international obligations effectively.

Conclusion:  While the Indian Constitution envisions a balanced federal system, the reality is a gradual shift towards centralization. The expansive interpretation of Union List subjects, the encroachment on Concurrent List, and Parliament's overriding powers have tilted the scales in favour of the Union government. This trend warrants careful consideration to preserve the federal character of the Indian polity and ensure effective governance at both the central and state levels