Under Article 249 in the national interest and under Article 312 for the creation of All India Services, the Rajya Sabha can legislate on the subjects mentioned in the State List. These are among some of the exceptions where the union legislature may legislate even on the state subjects, even though the Constitution envisages clear distribution of powers for the Indian federation.
Firstly, Article 249 of the constitution provides that Rajya Sabha by a resolution passed by 2/3 of its members present and voting, may authorize the Parliament to pass laws on a matter in the state list, in the national interest. Secondly, Article 312 of the constitution empowers the Rajya Sabha to pass resolutions by 2/3 of its members present and voting, creating All India Services. Both Articles 249 and 312 enlarge the authority at the expense of the powers of the states.
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