Polity & Governance Practice Question›› Indian Polity ››
Parliament and State List
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Parliament's authority to make laws on State list matters
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Question 1
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In how many of the following circumstances the Parliament can make laws on matters enumerated in the State list?
1. For implementation of international agreements.
2. When Rajya Sabha passes a resolution.
3. When a National Emergency is in force.
4. When states make a request .
5. When a financial emergency is in force.
Select the correct answer using the codes given below:
(a) Only Two
(b) Only Three
(c) Only Four
(d) All of the above
Explanation Item 1 is correct: Under Article 253, Parliament has the power to legislate on State List matters to implement treaties, agreements, or conventions with other countries. This provision ensures India meets its international obligations uniformly across the country, overriding the State’s legislative domain if necessary.
Item 2 is correct: Under Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority stating that it is necessary in the national interest, Parliament can legislate on a State List subject for the duration of the resolution, typically valid for one year, extendable further.
Item 3 is correct: Under Article 250, during a National Emergency, Parliament can legislate on any subject in the State List. This ensures centralized decision-making to handle extraordinary situations like war, external aggression, or armed rebellion effectively. Such laws cease to operate six months after the emergency ends.
Item 4 is correct: Under Article 252, if two or more States pass resolutions requesting Parliament to legislate on a State List matter, Parliament can enact such laws. These laws apply only to the consenting States but can be adopted by others later. This provision fosters cooperative federalism.
Item 5 is incorrect: Article 360, which deals with Financial Emergency, does not empower Parliament to legislate on State List matters. Instead, it allows the Centre to direct States on financial matters, such as reducing salaries of State employees or ensuring fiscal discipline. Legislative power remains unaffected.
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