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The Parliament can legislate on the subjects in the State List if the
Explanation
Under the Indian Constitution, the Parliament can legislate on subjects in the State List under specific circumstances. According to Article 249, if the Rajya Sabha (Council of States) passes a resolution supported by not less than two-thirds of its members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to make laws regarding a matter in the State List, the Parliament becomes empowered to do so [2]. This mechanism allows for the extension of Parliament's legislative competence without requiring a formal Constitutional amendment [3]. This power is distinct from other scenarios such as a Proclamation of Emergency under Article 250 or the consent of two or more states under Article 252 [1]. Neither the President, the Supreme Court, nor the Prime Minister has the unilateral authority to grant such legislative power over State List subjects outside of these specific constitutional provisions.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
SIMILAR QUESTIONS
Which of the following statements regarding passing a law under the State List is/are correct?
- Even in the sphere (State List) exclusively reserved for the States, Parliament can legislate under certain circumstances.
- Parliament cannot legislate a subject under the State List under any circumstances.
- 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: