Every year, UPSC sets at least two or three questions where aspirants confuse Centre’s powers with State’s powers — or miss the grey zone where both overlap. If you have ever wondered why criminal law is made by Parliament but policed by State governments, this article will clear that confusion permanently.
I will walk you through the constitutional scheme of legislative powers, the Concurrent List, the doctrine of repugnancy, and several lesser-known provisions where Centre can enter State territory. These are the exact areas where UPSC designs its trickiest options.
Where This Topic Sits in the UPSC Syllabus
| Exam Stage | Paper | Syllabus Section |
|---|---|---|
| Prelims | General Studies | Indian Polity — Federal Structure, Distribution of Powers |
| Mains | GS-II | Functions and responsibilities of the Union and the States; Issues relating to Federal Structure |
This topic has appeared in Prelims almost every alternate year since 2015. In Mains, questions on Centre-State relations are a staple in GS-II. Related topics include Governor’s role, Inter-State Council, and Finance Commission.
The Three Lists — A Quick Refresher
The Seventh Schedule of the Constitution divides legislative subjects into three lists. The Union List (List I) has 97 subjects where only Parliament can make laws. The State List (List II) has 66 subjects reserved for State legislatures. The Concurrent List (List III) has 52 subjects where both can legislate.
Article 246 establishes this distribution. Most aspirants memorise the lists but miss the exceptions — and that is exactly where UPSC sets traps.
The Concurrent List — Where the Real Overlap Lives
Subjects like criminal law, forests, education, trade unions, electricity, and population control sit in the Concurrent List. Both Parliament and State legislatures can pass laws on these subjects.
But here is the catch. If a Central law and a State law conflict on a Concurrent List subject, the Central law prevails. This is the Doctrine of Repugnancy under Article 254(1).
However, Article 254(2) provides an exception. If a State law on a Concurrent subject has received the President’s assent, that State law can prevail over the Central law — but only in that State. Parliament can still override it later by passing a new law on the same subject.
UPSC loves testing this two-layer logic. A typical trap option will say “State law on a Concurrent subject is always void if it conflicts with Central law.” That is incorrect because of Article 254(2).
When Centre Can Legislate on State List Subjects
This is where most aspirants get confused. The Constitution provides at least five situations where Parliament can make laws even on State List subjects.
Article 249 — Rajya Sabha Resolution: If the Rajya Sabha passes a resolution by two-thirds majority that it is necessary in the national interest, Parliament can legislate on any State List subject. This resolution is valid for one year and can be renewed.
Article 250 — During National Emergency: When a Proclamation of Emergency under Article 352 is in operation, Parliament gets power to legislate on any subject in the State List.
Article 252 — By Agreement of States: If two or more State legislatures pass resolutions requesting Parliament to legislate on a State subject, Parliament can do so. The resulting law applies only to those States, though other States can adopt it later.
Article 253 — International Agreements: Parliament can legislate on any subject — including State List subjects — to implement international treaties or agreements. This is a very powerful provision and often overlooked.
Article 356 — President’s Rule: During President’s Rule in a State, Parliament can exercise the State legislature’s powers for that State.
Residuary Powers — The Silent Advantage
Article 248 gives Parliament exclusive power to legislate on any subject not mentioned in any of the three lists. This is called residuary power. Entry 97 of the Union List reinforces this.
In federal countries like the USA, residuary powers rest with States. In India, they rest with the Centre. This is a fundamental difference and a favourite UPSC comparison question.
The Practical Impact — Why This Matters Beyond Exams
Consider the farm laws controversy of 2020-2021. Agriculture is a State subject (Entry 14, State List). Yet Parliament passed laws on agricultural marketing by linking them to trade and commerce (Entry 33, Concurrent List) and inter-State trade (Entry 42, Union List). The debate was essentially about overlapping powers.
Similarly, education was transferred from the State List to the Concurrent List by the 42nd Amendment in 1976. This is why both NCERT (Central) and State boards coexist. The National Education Policy 2020 was framed by the Centre but requires State cooperation for implementation.
The GST regime is another example. Taxation powers were clearly divided, but the 101st Amendment created a shared framework through the GST Council — a body where Centre and States jointly decide tax rates.
Common UPSC Traps to Watch For
Let me list the specific patterns I have seen across past papers:
- Claiming residuary powers lie with States (they lie with Centre)
- Stating that a State law on a Concurrent subject is automatically void (not if it has President’s assent under Article 254(2))
- Confusing Article 249 (Rajya Sabha resolution) with Article 250 (Emergency powers)
- Forgetting Article 253 — Parliament can override State List for international treaties
- Assuming Governor’s assent is enough for a State law to override Central law (President’s assent is needed)
Previous Year UPSC Questions on This Topic
Q1. Under which article can Parliament legislate on a State List subject if Rajya Sabha passes a resolution?
(UPSC Prelims 2017 — GS-I)
Answer: Article 249. The resolution must be supported by two-thirds of members present and voting. It empowers Parliament to legislate on the specified State subject for up to one year. This provision maintains the federal balance by requiring the upper house — representing States — to consent.
Q2. Discuss the significance of Article 254 in the context of Centre-State legislative relations.
(UPSC Mains 2019 — GS-II)
Answer: Article 254 resolves conflicts between Central and State laws on Concurrent List subjects. Under clause (1), the Central law prevails if there is repugnancy. However, clause (2) allows a State law to prevail if it has received the President’s assent. This creates a nuanced balance — the Centre retains supremacy, but States have a constitutional pathway to deviate when justified. The provision reflects India’s quasi-federal character where cooperative federalism operates within a framework of Central dominance. Examples include State amendments to the Indian Penal Code and land-related legislation.
Q3. Which of the following subjects is in the Concurrent List? (a) Police (b) Public Order (c) Criminal Procedure (d) Defence
(UPSC Prelims 2016 — GS-I)
Answer: (c) Criminal Procedure. Police and Public Order are State subjects. Defence is a Union subject. Criminal law and criminal procedure both fall under the Concurrent List, which is why the CrPC (now BNSS, 2023) is a Central legislation but enforced by State police forces.
Key Points to Remember for UPSC
- Concurrent List has 52 subjects; in case of conflict, Central law prevails unless the State law has President’s assent under Article 254(2)
- Parliament can legislate on State subjects through Articles 249, 250, 252, 253, and during President’s Rule
- Residuary powers under Article 248 rest with Parliament, unlike in the USA
- Article 253 allows Parliament to override even State List subjects for implementing international treaties
- The 42nd Amendment shifted education, forests, weights and measures, and wildlife from State to Concurrent List
- GST Council is a constitutional body (Article 279A) representing shared taxation power between Centre and States
- Rajya Sabha resolution under Article 249 is valid for one year and is renewable
Understanding the overlap between Centre and State powers is not just about memorising articles — it is about seeing the logic behind India’s federal design. As a next step, make a single-page chart mapping Articles 249 to 254 with one example each. That chart alone can help you eliminate wrong options in at least two Prelims questions every year.