CAPF AC 2020 Q81: Indian Polity – Constitutional Framework & Development
- (a) Only Parliament has the power to legislate over a subject under the Concurrent List
- (b) Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List
- (c) A legislation made under the Concurrent List by Parliament should be ratified by half of the State Legislatures so as to become a law of the country
- (d) Only State Legislatures are empowered to make laws under Concurrent List
Answer: (b) Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List
Explanation
The Concurrent List
How to think: concurrent means together.
So both Parliament and the State Legislatures can make laws on these subjects.
| List | Who makes laws | Number of subjects now | Examples |
|---|---|---|---|
| Union List | Parliament only | 100 | Defence, railways, banking |
| State List | State Legislatures | 61 | Police, public health, agriculture |
| Concurrent List | Both | 52 | Education, forests, marriage, criminal law |
The options checked:
| Option | Verdict |
|---|---|
| (a) Only Parliament can legislate on a Concurrent subject | Incorrect |
| (b) Both Parliament and State Legislatures can legislate | Correct |
| (c) A Parliament law on a Concurrent subject needs ratification by half the States | Incorrect; ratification is for certain constitutional amendments (Article 368) |
| (d) Only State Legislatures can legislate | Incorrect |
If the two laws clash: the Central law prevails (Article 254).
A State law can prevail only if it has the President's assent.
Answer: (b) Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List.
Why each option is right or wrong
- (a) Incorrect. Parliament shares this power with the State Legislatures.
- (b) CORRECT. Both Parliament and State Legislatures can make laws on Concurrent subjects.
- (c) Incorrect. Ratification by half the States applies to some constitutional amendments, not to ordinary laws.
- (d) Incorrect. State Legislatures share this power with Parliament.
Key point
Article 246 and the Seventh Schedule: Union List (Parliament), State List (States), Concurrent List (both). In a clash, the Central law prevails (Article 254). Residuary powers lie with Parliament.
Remember
Concurrent List: both can legislate; Central law prevails in a clash.
Common mistakes
- Confusing ordinary law-making with the ratification needed for amendments.
- Forgetting that the Central law prevails when the two conflict.
- Placing education in the State List; the 42nd Amendment moved it to the Concurrent List.
Exam tip
Concurrent means both. Options with the word only cannot be right.
Sources
- Constitution of India — Articles 246 and 254, Seventh Schedule
- NCERT Class XI Political Science — Indian Constitution at Work (Federalism)