The Constitution has enumerated extraordinary circumstances where Parliament can make laws on state subjects. 

• In the National interest: 
  • Constitutional provision: As per provisions of Article 249 the Rajya Sabha can pass a resolution empowering the parliament to legislate, in the national interest, on the matters mentioned in the state list. 
  • Required majority: Such a resolution should be supported by a majority of two-third of the members present and voting. The law passed by the parliament in this regard is passed as ordinary legislation i.e. with simple majority.
  • Validity of law: The law passed by the parliament based on such a resolution of the Rajya Sabha remains in force for 1 year. It can also be renewed any number of times but not more than one year at a time. Laws remain in force up to six months after the resolution has ceased to be in force.
  • Power of state legislature: It does not restrict the power of the state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
• During the National Emergency: 
  • Constitutional Provision: Article 250 empowers the parliament to make a law on any matter mentioned in the state list during the proclamation of national emergency. 
  • Validity of law: These laws become inoperative on the expiration of six months after the emergency has ceased to operate.
  • Power of state legislature: In this case also the power of state legislatures to make laws on the subjects of the state list is not restricted. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
• By agreement between states: 
  • Constitutional Provision: Under Article 252, the state legislature of two or more states can pass a resolution empowering parliament to legislate over state subjects. 
  • Applicability of laws: Such laws are only applicable to those states which have passed this resolution and can only be amended or repealed by Parliament. Any other state may also adopt it afterwards by passing a resolution to that effect in its legislature. For example Wild life protection act 1972, Water (Prevention and Control of Pollution) Act, 1974.
• To implement treaties: Article 253 empowers the Parliament to make laws on any matter in the state list to implement International agreements, treaties or conventions.For example – United Nations(Privileges and immunities) Act 1947, Anti-hijacking Act, 1982. 
• During the President’s rule: If a state is under the President’s rule, Parliament has the power to legislate over state list subjects. Such laws remain in effect even after president rule ceases to operate. But, the state legislature can repeal or alter any such law.

Centre’s Control Over State Legislation and Parliamentary Legislation Mechanisms

There are three ways in which the centre can have control over the state bills:

• Bill reserved by Governor: The Governor under Article 200 can reserve a bill passed by the state legislature for presidential assent and the president enjoys absolute veto over them.
• Prior recommendation of President: Bills on certain matters enumerated in the state list can be introduced in the state legislature only with prior recommendation of the President. Example- a bill on Inter-state Trade and commerce.
• Provisions during Financial emergency: Money bills or other financial bills passed by the state legislature during a financial emergency (Article 360) can be reserved for the consideration of the President on the direction of the centre.

Administrative Relations Between Centre and States

Administrative division of powers are enumerated in Article 256 to 263 under part XI of the constitution. Also, there are some other articles dealing with administrative relations. Articles 261 to 263 contains provisions related to Inter-state administrative relations. The division of executive power and obligations between centre and state enables a smooth implementation of laws and good governance. 

Division of executive power between the centre and states

The executive power has been divided between the Centre and the states on the lines of distribution of legislative powers as the following:

• Centre’s jurisdiction: Centre’s executive power extends to the whole of India on matters where the Parliament has exclusive power of legislation i.e. the  Union list and to the exercise of rights, authority and jurisdiction conferred on it by any treaty or agreement.

• State’s jurisdiction: The executive power of a state extends to its territory in respect of matters on which the state legislature has exclusive power of legislation i.e., the subjects enumerated in the State List. 

• Provisions in case of concurrent list: In case of concurrent list the executive power rests with the states i.e. a law on a concurrent subject, though enacted by the Parliament, is to be executed by the states except when the Constitution or the Parliament has directed otherwise.

Centre-State Obligations: Compliance with Parliamentary Legislation and Executive Power Coordination

The constitution has placed the following two restrictions on the executive power of the states. This gives ample scope to centre for exercising executive power in an unrestrained manner:

1. Compliance with Parliament law: State’s executive power has to be conducted in such a way so as to ensure compliance with the laws made by the Parliament.
2. Executive power of Centre should not be impeded: State’s executive power should not  impede or prejudice the exercise of the executive power of the centre in the state.

In both these cases, the centre can give directions to the states. The sanction behind these directions of the Centre is coercive in nature because not following them can lead to imposition of President rule in the state. Article 365 says that where any state has failed to comply with (or to give effect to) any directions given by the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution. It means that, in such a situation, the President’s rule can be imposed in the state under Article 356.

Centre’s Directive Power and Parliamentary Legislation

The Union Government can issue directions to the state Government with regard to the following-

• Means of communication: Construction and maintenance of the means of communication declared to be of national or military importance by the union government. 

• Protection of railways: Measures to be taken for the protection of the railways within the jurisdiction of the State. 
• Schemes for scheduled tribes: Ensure execution of schemes essential for the welfare of the Scheduled Tribes in the States.
• Instruction in the mother tongue: Secure the provision of adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups in the state;

If these directions are not followed by the state, the union government can also impose President’s rule under Article-356 on the grounds that the administration of the state can not be carried on in accordance with the constitution (Article-365).