1. Constitutional Basis of Legislative Powers

The legislative powers of Parliament flow mainly from:

• Article 245 – Extent of laws made by Parliament
• Article 246 – Distribution of legislative subjects (Union, State, Concurrent Lists)
• Seventh Schedule – Union List, State List, Concurrent List
• Article 248 & Entry 97 (Union List) – Residuary powers
• Articles 249–253 – Special powers in national interest, emergency, treaties
• Articles 368 – Power to amend the Constitution

2. Distribution of Legislative Powers

(A) Union List (Exclusive Power of Parliament)

• Parliament alone can legislate on subjects in the Union List
• Includes defence, foreign affairs, banking, railways, atomic energy, etc.

(B) State List (Normally State Legislatures)

• States have exclusive power over subjects like police, public health, agriculture
• However, Parliament can legislate in certain situations:
  • Article 249 (national interest)
  • Article 250 (Emergency)
  • Article 252 (consent of states)
  • Article 253 (international treaties)

(C) Concurrent List (Shared Power)

• Both Parliament and State Legislatures can legislate
• If conflict arises, Parliament law prevails (Article 254)

(D) Residuary Powers

• Parliament has exclusive authority over subjects not mentioned in any list

3. Special Legislative Powers of Parliament

(A) Law-making in National Interest (Article 249)

Rajya Sabha can authorize Parliament to legislate on State List subjects.

(B) During Emergency (Article 250)

Parliament can legislate on State List during National Emergency.

(C) Treaties and International Agreements (Article 253)

Parliament can legislate to implement international obligations.

(D) Amendment Power (Article 368)

Parliament can amend the Constitution, subject to judicial limitations.

(E) Delegated Legislation

Parliament can delegate law-making powers to the executive for detailed implementation.

4. Limitations on Parliamentary Legislative Power

Despite wide authority, Parliament is limited by:

• Basic Structure Doctrine
• Fundamental Rights (Part III)
• Federal structure of Constitution
• Judicial review (Articles 32 & 226)
• Constitutional distribution of powers

5. Important Case Laws (At least 6)

1. State of West Bengal v. Union of India (1963)

Principle: Parliamentary sovereignty is not absolute in India.

• The Court held that India is a federal Constitution with distributed powers
• Parliament cannot ignore constitutional limitations while legislating on State subjects

Significance: Reinforced federal structure limiting Parliament’s legislative supremacy.

2. Union of India v. H.S. Dhillon (1971)

Principle: Residuary legislative power lies with Parliament.

• Parliament can legislate on subjects not in the State or Concurrent List
• Entry 97 of Union List gives broad residuary authority

Significance: Strengthened Parliament’s exclusive control over new/emerging subjects.

3. Kesavananda Bharati v. State of Kerala (1973)

Principle: Parliament’s amending power is limited by the Basic Structure Doctrine.

• Parliament can amend the Constitution under Article 368
• But cannot alter its basic structure

Significance: Major restriction on Parliament’s legislative supremacy in constitutional amendments.

4. Indira Nehru Gandhi v. Raj Narain (1975)

Principle: Judicial review is part of basic structure.

• Struck down parts of the 39th Constitutional Amendment
• Parliament cannot place elections of high constitutional offices beyond judicial scrutiny

Significance: Limited Parliament’s power to validate laws retrospectively through amendments.

5. Minerva Mills v. Union of India (1980)

Principle: Balance between Fundamental Rights and Directive Principles is essential.

• Parliament cannot expand its amending power to destroy constitutional balance
• Limited scope of Article 368 reaffirmed

Significance: Strengthened checks on Parliament’s constitutional amendment power.

6. State of Rajasthan v. Union of India (1977)

Principle: Scope of judicial review over Parliament’s political actions.

• Court held that Parliament’s legislative and political decisions can be reviewed if unconstitutional
• However, courts cannot interfere in purely political questions

Significance: Clarified boundaries between legislative power and judicial review.

7. Special Reference No. 1 of 1964 (Keshav Singh Case)

Principle: Conflict between legislative privileges and judicial powers.

• Examined whether legislatures can punish for contempt beyond judicial scrutiny
• Established that privileges are subject to constitutional interpretation

Significance: Limited absolute legislative supremacy in matters of privilege.

8. Kartar Singh v. State of Punjab (1994)

Principle: Parliament’s power to legislate on national security.

• Upheld TADA legislation under Parliament’s competence
• Confirmed wide legislative scope in matters of internal security

Significance: Affirmed strong Union legislative power in security matters.

6. Conclusion

The legislative powers of Parliament in India are extensive and flexible, allowing it to govern a complex federal structure. However, these powers are carefully balanced by:

• Federal division of powers
• Judicial review
• Basic Structure Doctrine
• Constitutional supremacy

Thus, Parliament is not sovereign in the British sense but operates within a constitutional framework of limited supremacy.