As per the State List under the Seventh Schedule of the Constitution of India, the States have jurisdiction over agricultural land in connection with which of the following subjects? 1. Taxes on agricultural income 2. Duties in respect of succession of agricultural land 3. Estate duty agricultural land in respect of Select the correct answer using the code given below.
1 and 2 only
This question requires an understanding of the division of powers between the Union and State governments concerning agricultural land, as outlined in the Seventh Schedule of the Constitution of India.
Analyzing State List Entries for Agricultural Land
The Seventh Schedule of the Constitution divides legislative powers. We need to examine the specific entries related to agricultural land within the State List (List II) to determine the extent of state jurisdiction.
1. Taxes on Agricultural Income
- Entry 46 of the State List (List II) of the Seventh Schedule explicitly states: "Taxes on agricultural income".
- This entry confirms that the power to impose taxes on income derived from agricultural land lies with the State governments.
- Therefore, subject 1 is within the State's jurisdiction.
2. Duties in Respect of Succession of Agricultural Land
- Entry 47 of the State List (List II) covers: "Succession to agricultural land".
- This means that the rules and duties governing the inheritance and devolution of agricultural land fall under the legislative authority of the States.
- Therefore, subject 2 is within the State's jurisdiction.
3. Estate Duty on Agricultural Land
- Before the Constitution (Seventh Amendment) Act, 1956, Entry 48 of the State List (List II) read: "Estate duty in respect of and succession to, agricultural land".
- However, this entry was altered. After the amendment, Entry 47 covered "Succession to agricultural land", and Entry 48 became "Taxes on the descent of property, on the entry of succession to it, except in the case of agricultural land".
- This change explicitly removed the State's power over estate duty concerning agricultural land.
- Moreover, the Estate Duty Act, 1953, which imposed estate duty, specifically excluded agricultural land from its scope (Section 10). This Act was later repealed.
- Thus, the States do not have jurisdiction over estate duty specifically concerning agricultural land as per the State List.
Summary of State Jurisdiction
Based on the analysis of the Seventh Schedule entries:
- Taxes on agricultural income falls under State jurisdiction (Entry 46, List II).
- Duties in respect of succession of agricultural land falls under State jurisdiction (Entry 47, List II).
- Estate duty on agricultural land does not fall under State jurisdiction (removed from Entry 48, List II and excluded from the relevant Union Act).
Consequently, only subjects 1 and 2 are within the jurisdiction of the States concerning agricultural land as per the State List.
The correct answer includes subjects 1 and 2.
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