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Q120 (CDS-I/2006) Polity & Governance › Federalism & Emergency Provisions › Centre-state legislative powers Answer Verified

Consider the following statements 1. In India, the Union can legislate on subjects on the State List only during emergency. 2. The words ‘socialist’ and ‘secular ’ were added to the Preamble of the Constitution of India by the 46th Amendment. Which of the statements given above is/ are correct ?

Result
Your answer: —  ·  Correct: D
Explanation

Statement 1 is incorrect because the Union Parliament can legislate on subjects in the State List under several circumstances beyond just an emergency. These include: when the Rajya Sabha passes a resolution in the national interest (Article 249), when two or more states request such legislation (Article 252), and to implement international agreements (Article 253) [c1, t1, t3]. While Article 250 does empower Parliament to legislate on State List matters during a Proclamation of Emergency, it is not the 'only' condition [t3, t7]. Statement 2 is incorrect because the words 'Socialist' and 'Secular' (along with 'Integrity') were added to the Preamble by the 42nd Amendment Act, 1976, not the 46th Amendment [t2, t4, t8]. The 46th Amendment (1982) primarily dealt with tax-related matters like sales tax on works contracts. Therefore, neither statement is correct.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703
  2. [2] https://www.mea.gov.in/Images/pdf1/Part11.pdf
  3. [3] https://nios.ac.in/media/documents/srsec317newE/317EL5.pdf
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