Medium Factual Recall

Exceptions to the Division of Powers

Analyze Exceptions to the Division of Powers using previous year trends.

Official Question UPSC 2025

Solution & Analysis

Answer:

Quick Recall

The Union Parliament can override the federal structure and legislate on the State List under specific constitutional conditions. These include a Rajya Sabha resolution passed by a 2/3rd majority, the operation of a National Emergency, the implementation of international treaties, or a joint request passed by two or more state legislatures.

Concept Flow Mapping

Rajya Sabha Resolution
authorizes
Parliament to legislate on State List
National Emergency
empowers
Parliament to legislate on State List
Two or More States
must request
Parliament for Article 252 legislation

Concept Question

How long do laws made by Parliament on State List subjects during a National Emergency remain operative after the emergency ends?

Key Takeaway

They become inoperative 6 months after the emergency ceases.

Examiner's Trap

Examiners test precision by altering the numerical thresholds. They will claim 'one state' can request Parliament to make a law (it requires two or more under Article 252). They will also test the exact majority needed in the Rajya Sabha (2/3rd present and voting).

Core Insight

The Indian Constitution treats the federal division of power as highly flexible, providing multiple legitimate avenues for the Union to absorb state legislative domains during crises, international obligations, or collective state consent.