Consider the following statements : 1. Parliament can legislate on matters enumerated in the State List if two or more state legislatures pass resolutions requesting the Parliament to enact such laws. 2. A law so enacted will be equally applicable to all the states, irrespective of whether they passed such a resolution or not. 3. Such a law can be amended or repealed only by the Parliament. How many of the statements given above are correct?
Parliament Legislation on State List Subjects
This solution examines the constitutional provisions related to Parliament's power to legislate on subjects in the State List, based on state legislature resolutions.
Statement 1: Parliament Legislating on State List Items
Statement: Parliament can legislate on matters enumerated in the State List if two or more state legislatures pass resolutions requesting the Parliament to enact such laws.
Analysis: As per Article 252(1) of the Indian Constitution, Parliament is empowered to enact laws on any matter specified in the State List if resolutions to this effect are passed by the legislative assemblies of two or more states. This statement accurately reflects this constitutional provision.
Conclusion: Statement 1 is correct.
Statement 2: Applicability of Law Enacted by Parliament
Statement: A law so enacted will be equally applicable to all the states, irrespective of whether they passed such a resolution or not.
Analysis: Article 252(1) states that Parliament can legislate "for the said States," referring specifically to those states that have passed the resolutions. The law enacted under this provision does not automatically extend to states that have not passed such resolutions. Hence, the statement is incorrect.
Conclusion: Statement 2 is incorrect.
Statement 3: Amendment and Repeal of Such Laws
Statement: Such a law can be amended or repealed only by the Parliament.
Analysis: Article 252(4) explicitly grants Parliament the power to repeal or amend any law it has passed under Article 252(1). Since the law originates from Parliament based on inter-state consensus, the authority to modify or revoke it rests solely with Parliament, ensuring uniformity and control over legislation enacted under this special provision.
Conclusion: Statement 3 is correct.
Conclusion on Parliament's State List Powers
Two statements (1 and 3) are correct, while one statement (2) is incorrect. Therefore, the total number of correct statements is two.
Correct Answer: Option B (Only two statements are correct.)
Important Questions from Inter-State Relations
- Match List I with List II in reference to Constitution of India :Choose the correct answer from the options given below
List I List II a. Article 263 i. Finance Commission b. Article 226 ii. High Court c. Article 239 iii. Inter-state Council d. Article 280 iv. Union Territory - Who among the following is empowered to establish Inter State Council under Article 263 of the Constitution of India?
- The setting up of the Inter-State Council in 1990 was meant to :
