Centre-State relations: lists, residuary powers, rivers and Councils
Who may make which law, who settles river fights, and how a state gets or loses an upper house.
What the paper can ask
- Parliament may legislate on a State List matter if the Rajya Sabha passes a resolution, by two-thirds of members present and voting, that it is in the national interest. The resolution lasts up to one year and can be renewed.
- The Inter-State River Water Disputes Act 1956 lets the Centre set up a tribunal to settle a river dispute between states. The Cauvery order was notified in 2013 and the Mahadayi tribunal gave its award in 2018. A 2019 bill for one permanent tribunal passed the Lok Sabha but lapsed in 2024.
- A Legislative Council can have at most one-third of the Assembly's strength and never fewer than 40 members: about a third elected by local bodies, a third by MLAs, a twelfth each by graduates and teachers, and the rest nominated by the Governor.
- Creating or abolishing a Council by Parliament is not a constitutional amendment under Article 368.
- Councils exist in Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. (as of 23 Oct 2026)
Why exams ask
Setters ask who holds residuary powers, the Article for river disputes or for Rajya Sabha's State List power, and how a Legislative Council is created or abolished.
The full story
The Seventh Schedule splits law-making into Union, State and Concurrent Lists, and the Constitution says who gets subjects on no list. Parliament can also reach into the State List in the national interest if the Rajya Sabha resolves so by two-thirds, during an Emergency, or when states ask. Disputes over rivers that cross state borders go to tribunals under a 1956 Act rather than the ordinary courts.
Test yourself
1.Which Article empowers the Rajya Sabha to declare by a two-thirds resolution that Parliament may legislate on a State List subject in the national interest?
Correct. Article 249: a Rajya Sabha resolution by two-thirds of members present and voting lets Parliament legislate on a State List matter for one year at a time; 250 covers Emergency, 252 consent of States.
Not quite. Article 249: a Rajya Sabha resolution by two-thirds of members present and voting lets Parliament legislate on a State List matter for one year at a time; 250 covers Emergency, 252 consent of States. It goes into your error book.
2.Residuary powers of legislation in India belong to
Correct. Article 248 (and Entry 97 of the Union List) vest residuary powers in Parliament, unlike the United States where they rest with the States.
Not quite. Article 248 (and Entry 97 of the Union List) vest residuary powers in Parliament, unlike the United States where they rest with the States. It goes into your error book.
3.Disputes relating to the waters of inter-State rivers are dealt with under which Article?
Correct. Article 262 lets Parliament provide by law for adjudication of inter-State water disputes and bar the courts; the Inter-State River Water Disputes Act, 1956 was made under it.
Not quite. Article 262 lets Parliament provide by law for adjudication of inter-State water disputes and bar the courts; the Inter-State River Water Disputes Act, 1956 was made under it. It goes into your error book.