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CAPF AC 2020 Q82: Indian Polity – Parliament & State Legislatures

CAPF AC 2020, Paper I (General Ability and Intelligence) · Indian Polity

Which of the following statement(s) 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:
  1. (a) 1, 2 and 3
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1 only

Answer: (c) 1 and 3 only

Explanation

When Parliament can make law on a State List subject

How to think: statements 1 and 2 are opposites.

Only one of them can be right.

The Constitution gives Parliament five doors into the State List, so statement 1 is right and statement 2 is wrong.

StatementVerdictFact
1. Parliament can legislate on the State List under certain circumstancesCorrectFive Articles allow it
2. Parliament cannot legislate on the State List under any circumstancesIncorrectThe words any circumstances make it false
3. A Rajya Sabha resolution by two-thirds of members present and voting is requiredCorrectArticle 249

The five doors:

ArticleWhen
Article 249Rajya Sabha resolution by two-thirds present and voting, in the national interest; valid for one year at a time
Article 250During a National Emergency
Article 252When two or more States ask for it
Article 253To carry out an international treaty
Article 356During President's Rule in a State

Answer: (c) 1 and 3 only.

Why each option is right or wrong

Key point

Parliament on the State List: Article 249 (Rajya Sabha, two-thirds present and voting, one year), Article 250 (National Emergency), Article 252 (two or more States), Article 253 (treaties), Article 356 (President's Rule).

Remember

Article 249: Rajya Sabha, two-thirds present and voting, lets Parliament legislate on the State List.

Common mistakes

Exam tip

Educated guess: statements 1 and 2 clash, so (a) is out. Words like under any circumstances are rarely true, so (b) is out too.

Sources

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