CAPF AC 2020 Q82: Indian Polity – Parliament & State Legislatures
- (a) 1, 2 and 3
- (b) 2 and 3 only
- (c) 1 and 3 only
- (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.
| Statement | Verdict | Fact |
|---|---|---|
| 1. Parliament can legislate on the State List under certain circumstances | Correct | Five Articles allow it |
| 2. Parliament cannot legislate on the State List under any circumstances | Incorrect | The words any circumstances make it false |
| 3. A Rajya Sabha resolution by two-thirds of members present and voting is required | Correct | Article 249 |
The five doors:
| Article | When |
|---|---|
| Article 249 | Rajya Sabha resolution by two-thirds present and voting, in the national interest; valid for one year at a time |
| Article 250 | During a National Emergency |
| Article 252 | When two or more States ask for it |
| Article 253 | To carry out an international treaty |
| Article 356 | During President's Rule in a State |
Answer: (c) 1 and 3 only.
Why each option is right or wrong
- (a) Incorrect. Statements 1 and 2 contradict each other, so all three cannot be right.
- (b) Incorrect. Statement 2 is wrong; Parliament can enter the State List in five situations.
- (c) CORRECT. Parliament can legislate in special cases, and Article 249 needs a two-thirds Rajya Sabha resolution.
- (d) Incorrect. Statement 3 is also right; it states the rule of Article 249.
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
- Thinking the State List is closed to Parliament in every case.
- Giving the Article 249 power to the Lok Sabha; only the Rajya Sabha can pass that resolution.
- Reading two-thirds as two-thirds of the total membership; it is of members present and voting.
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
- Constitution of India — Articles 249, 250, 252, 253 and 356
- NCERT Class XI Political Science — Indian Constitution at Work (Federalism)