Legislative powers of the Centre and State

Which legislature can make an environmental law: Article 246, the Seventh Schedule and Articles 252 to 254

In one minute

"Environment" is not a subject in any of the three Lists of the Seventh Schedule. Environmental topics are spread across them. Forests and wild animals are on the Concurrent List. Water is on the State List. Parliament can still legislate on water by State consent (Article 252) or to carry out an international decision (Article 253).

If a State law and a Central law clash on a Concurrent List subject, the Central law prevails unless the State law was reserved for the President and received assent (Article 254).

Exam focus

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Usually asked as: No data

Legal provision

Article 246: Parliament has exclusive power over the Union List (List I). A State Legislature has exclusive power over the State List (List II). Both can legislate on the Concurrent List (List III).
Article 248: Parliament has exclusive power over any matter not in the Concurrent or State List. Entry 97 of the Union List says the same.
Article 252: if the Legislatures of two or more States pass resolutions asking for it, Parliament may legislate on a State matter. Other States may adopt that Act later.
Article 253: Parliament may make any law for implementing a treaty, agreement or convention, or a decision made at an international conference.
Article 254: a State law repugnant to a Central law on a Concurrent List subject is void to the extent of the repugnancy. Article 254(2) saves it if it was reserved for the President and he assents. Parliament can still override it later.
Relevant entries: List I entries 13, 14, 54 and 56. List II entries 5, 6, 17, 18 and 23. List III entries 17, 17A and 17B.

Meaning and definition

Legislative competence is the power of a legislature to make a law on a subject. A law made outside that power is invalid, whatever its aim. This is why the first question about any environmental statute is which legislature could make it.

The three Lists work as follows. The Union List is for Parliament alone. The State List is for States alone. The Concurrent List is for both.

Where environmental subjects sitHow to read this: start at the top box and follow the lines to the three Lists. Each leaf names an environmental subject and its entry.

Seventh Schedule
- Union ListEntry 56: inter-State rivers. Entry 54: mines, as Parliament declares. Entries 13 and 14: conferences and treaties.
- State ListEntry 17: water. Entry 6: public health. Entry 18: land. Entry 23: mines.
- Concurrent ListEntry 17: cruelty to animals. Entry 17A: forests. Entry 17B: wild animals and birds.

Detailed explanation

Step 1: forests and wild animals

Entries 17A (forests) and 17B (protection of wild animals and birds) were inserted into the Concurrent List by the 42nd Amendment, with effect from 3 January 1977. Entry 17 of the same List covers prevention of cruelty to animals. Parliament and the States can both legislate on these subjects.

The Central law on forests is the Forest (Conservation) Act, 1980, now called the Van (Sanrakshan Evam Samvardhan) Adhiniyam. A State forest law must not clash with it.

Example. A State wants a law that allows small forest clearances for tribal housing without Central approval. Forests are on the Concurrent List, so the State may legislate. If the clearance rule clashes with the Central law, the State rule is void to that extent, unless the President assented.

Step 2: water and Article 252

Water is entry 17 of the State List, "subject to the provisions of entry 56 of List I". Entry 56 covers inter-State rivers to the extent Parliament declares it expedient. The Water Act, 1974 was made through Article 252. Its preamble records that Parliament has no power to legislate on the matter except as the Constitution provides.

Section 1(2) says the Act applied at first to twelve named States and the Union territories. Another State applies it by passing a resolution under Article 252(1).

Step 3: international decisions and Article 253

The preambles of the Air Act, 1981 and the Environment (Protection) Act, 1986 recite decisions taken at the Stockholm Conference of June 1972. Both Acts extend to the whole of India. The preamble of the Biological Diversity Act, 2002 recites the Convention on Biological Diversity signed at Rio de Janeiro on 5 June 1992. Article 253 lets Parliament make laws to implement such decisions and treaties.

Example. Suppose India signs a convention on migratory species. Parliament passes an Act to put it into effect across the country, even for subjects that are otherwise with the States.

Step 4: local bodies

Local government is entry 5 of the State List. The Twelfth Schedule lists "urban forestry, protection of the environment and promotion of ecological aspects" among municipal functions (item 8). It also lists regulation of land-use (item 2) and solid waste management (item 6).

Exceptions and special rules

Repugnancy under Article 254

Article 254(1) makes the Central law prevail. Article 254(2) allows a State law on a Concurrent List subject to prevail in that State if the President assented. Parliament can still enact a later law on the same matter that adds to, changes or repeals the State law.

Residuary power

A subject in no List falls to Parliament under Article 248 and entry 97. This is the residuary power.

Don't confuse: Article 252 and Article 253

Point	Article 252	Article 253
Trigger	Resolutions of two or more State Legislatures	A treaty, agreement, convention or international decision
Reach	The consenting States, and others that adopt later	The whole or any part of India
Environmental example	Water Act, 1974	Acts that recite Stockholm or the Rio Convention

Inside the concept. A State not named in the Water Act wants Central water pollution rules. Its Legislature passes a resolution to adopt the Act under Article 252.

Just outside it. Parliament makes a law on biological diversity to implement the Rio Convention. No State resolution is needed.

Common mistakes

Saying "environment" is a Concurrent List subject. It is not listed. Forests and wild animals are.
Saying water moved to the Concurrent List. It remains entry 17 of the State List.
Forgetting that the Water Act applies to other States only by adoption.
Confusing Article 252 (State consent) with Article 253 (international decision).

Apply it

Problem

A State Legislature passes an Act allowing a hunting festival that the Central animal welfare law bans. The organisers say the State has power to legislate on animals.

Issue

Which law prevails?

Rule

Animal cruelty prevention is entry 17 of the Concurrent List. Under Article 254(1), a repugnant State law is void unless Article 254(2) applies.

Application

The State had power to legislate, but its Act conflicts with the Central Act. No Presidential assent is shown.

Conclusion

The State Act is void to the extent of the conflict.

Leading case laws

Animal Welfare Board of India v. A. Nagaraja
Facts. The Animal Welfare Board said Jallikattu and bullock-cart races violate the Prevention of Cruelty to Animals Act. Tamil Nadu had its own Act on the subject.

Principle. Both Acts fall under entry 17 of the Concurrent List. The Tamil Nadu Act was repugnant to the Central Act and void under Article 254(1).

Why it matters. It applies Article 254 to an environmental subject on the Concurrent List.

How to write this answer in the exam

5-mark answer

Article 246 and the three Lists.
Entries 17A and 17B on the Concurrent List.
Articles 252 and 253 in one line each.
Article 254 on conflict.

10-mark answer

Why legislative competence matters.
Article 246 and the Lists, with the diagram.
Forests and wild animals; water.
Article 252 (Water Act) and Article 253 (Stockholm, Rio).
Article 254 and Nagaraja.
Residuary power and local bodies.

Key points to remember

Environment is not a listed subject; its parts sit in all three Lists.
Entries 17A and 17B: Concurrent List, from 3 January 1977.
Water: State List entry 17; Water Act through Article 252.
Article 253: laws to implement treaties and international decisions.
Article 254: Central law prevails over repugnant State law, unless the President assents.

Quick self-test

1. In which List are forests?

The Concurrent List, entry 17A.

2. Which Article did the Water Act, 1974 use?

Article 252, through State resolutions.

3. What happens to a repugnant State law on a Concurrent subject?

It is void to the extent of the repugnancy, unless the President assented (Article 254).

Legislative powers of the Centre and State Government