However, in case there is any repugnance, the Union legislature will prevail over the State legislature.

In case a State Law has already been reserved for the consent of the President, or if such an assent has already been granted, then the State Law will hold irrespective of the repugnance. However, the Parliament can override the Law through subsequent legislation. The Residuary Powers are the legislative powers that fall in none of the above categories. The lists are usually exhaustive enough to include all possible subjects, and it is generally believed that the field of application will be very narrow. These powers are neither under the legislative powers of the State nor the Union, but is under the jurisdiction of the Judiciary. It should be mentioned in this context, that the legislative powers of the Parliament can be extended under special situations to include certain subjects of the State List. Some of the conditions under which the Parliament may extend its powers include the follows:

In the National Interest: This is in accordance of the Article 249 of the Indian Constitution. Proclamation of Emergency: Based on the Article 250 of the Indian Constitution, the Union takes over the Legislative powers of the State subjects once the President declares emergency in any state. Agreement between the States: If two states agree that the Parliament can legally make laws with respect to the two states, then the Parliament can make laws relating to any law or set of laws related to the State Laws. This is an extension of the Parliamentary legislative as laid down by the Article 252 of

the Indian Constitution. Implementation of Treaties: The Parliament makes laws for the implementation of treaties, even if the subject falls under the legislative power of the State, for the bigger international interest of the country. This power has been given to the Union by the Article 253.

Failure of Constitutional Machinery in a State: This power of legislative extension follows a proclamation by the President that declares the inefficiency of a State Legislature. The powers of the State Legislature then come directly under the jurisdiction of the Union Legislative. It is guided by the Article 356 (1) (b) of the Indian Constitution.

252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State (1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the House of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State