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Q82 (CAPF/2020) Polity & Governance › Parliament › Powers of houses Answer Verified

Which of the following statements) regarding passing a law under the State List is/are correct ? 1. Even in the sphere (State List) exclusively reserved for the States, Parliament can legislate under certain circumstances 2. Parliament cannot legislate a subject under the State List under any circumstances 3. A resolution supported by two-, thirds of the members present and voting is required to be passed by Rajya Sabha to pass a law under the State List Select the correct answer using the code given below:

Result
Your answer: —  Â·  Correct: C
Explanation

Under the Indian Constitution, while the State List is primarily for state legislatures, Parliament can legislate on these subjects under specific circumstances [4]. Statement 1 is correct as Article 249 allows Parliament to legislate in the national interest, and Article 250 grants this power during a Proclamation of Emergency [2]. Statement 2 is incorrect because multiple provisions (Articles 249, 250, 252, and 253) explicitly empower Parliament to override the State List [3]. Statement 3 is correct because Article 249 specifically requires the Rajya Sabha to pass a resolution supported by not less than two-thirds of the members present and voting to authorize Parliament to legislate on a state subject in the national interest [4]. This mechanism allows for the extension of Parliament's legislative competence without a formal Constitutional amendment [4].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703
  2. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
  3. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > Punchhi Commission > p. 165
  4. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 15: Centre State Relations > Punchhi Commission > p. 165
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