Elucidate the constitutional provisions under which (1) Parliament can enact a law on subject of state list (2) Parliament can create new All India Services (3) Parliament can abolish existing All India Service.

The framers of our Constitution provides for a federal set. However, there are some provisions in the constitution which retard this idea and make the constitution unitary in nature due to over-powering the union.
Some of the such provisions include-
The State legislature has the power to legislate on subjects mentioned in the state list. However, there are certain specified areas by the constitution under which the Parliament can enact laws in the State List. They are as follows-

  • In National Interest- (A-249)
  • During Proclamation of Emergency- (A-250)
  • Constitutional breakdown of machinery in the state- (A- 356 and A- 357)
  • On the request of two or more states- (A-252)
  • Legislation for the enforcement of international agreements- (A- 253)

Article 312 provides for the creation of All India Services. It is believed that Article 312 takes away to some extent the autonomy of the States in this field by vesting in the Centre the authority to create All India Services. However, the framers of the Constitution were concerned that such authority in the Center should be with the consent of a substantial majority of the representatives of the States. That is why Article 312 provides that an All India Service can be created only if the Council of States (Rajya Sabha) declares, by resolution supported by not less than a two-thirds majority, that it is necessary in the national interest to create one or more such All India Services.
There are no specific provisions in the constitution regarding abolition of the All India Services.

Question for UPSC Mains:
Elucidate the constitutional provisions under which (1) Parliament can enact a law on subject of state list (2) Parliament can create new All India Services (3) Parliament can abolish existing All India Service.

Published: January 4, 2017 | Modified:June 27, 2019

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