Question

Match the following legislative provisions with their corresponding articles or contexts in the Indian Constitution.

i. Residuary powers of legislation
ii. Parliamentary legislation during a national emergency
iii. Centre’s control over state legislation through President’s assent
iv. Legislation for implementing international agreements

a. Article 248
b. Article 253
c. Articles 200 and 201
d. Article 250

• A. i-a, ii-d, iii-c, iv-b
• B. i-d, ii-a, iii-b, iv-c
• C. i-a, ii-c, iii-d, iv-b
• D. i-c, ii-b, iii-a, iv-d

Answer 1

Answer:

A. i-a, ii-d, iii-c, iv-b

Understanding Legislative Powers in the Indian Constitution

I. Residuary Powers of Legislation (Article 248)

• Article 248 grants the Parliament of India exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This means that if a subject is not explicitly mentioned in any of the three lists (Union, State, Concurrent), Parliament has the authority to legislate on it.

• This provision highlights the strong unitary bias of the Indian federal system, where the Centre holds residuary powers, unlike some other federations (e.g., USA, where states have residuary powers).

• For competitive exams, remember that this power is also implicitly covered under Entry 97 of the Union List, which states that Parliament has exclusive power to make laws with respect to any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.

• The concept of residuary powers is borrowed from the Canadian Constitution.

II. Parliamentary Legislation During a National Emergency (Article 250)

• Article 250 empowers Parliament to legislate on any matter enumerated in the State List during a Proclamation of Emergency (under Article 352).

• This provision allows the Union government to assume complete legislative control over state subjects to effectively manage the emergency situation.

• Laws made by Parliament under Article 250 cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to operate.

• It's crucial to note that while Parliament can legislate on State List subjects, the legislative power of the state legislature is not suspended; it continues to operate in parallel.

III. Centre’s Control Over State Legislation Through President’s Assent (Articles 200 and 201)

• Article 200 deals with the powers of the Governor regarding bills passed by the state legislature. The Governor can:

  • Give assent to the bill.

  • Withhold assent.

  • Return the bill for reconsideration (except money bills).

  • Reserve the bill for the consideration of the President. This reservation is mandatory for bills that derogate from the powers of the High Court.

• Article 201 comes into play when a bill is reserved by the Governor for the President's consideration. The President can then:

  • Give assent to the bill.

  • Withhold assent.

  • Direct the Governor to return the bill to the state legislature for reconsideration (if it's not a Money Bill). However, if the state legislature passes it again, the President is not bound to give assent, unlike the Governor for an ordinary bill.

• These articles provide a significant mechanism for the Centre to exert control and influence over state legislation, safeguarding national interest and constitutional propriety.

IV. Legislation for Implementing International Agreements (Article 253)

• Article 253 grants Parliament the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or any decision made at any international conference, association, or other body.

• This article enables Parliament to legislate on subjects even in the State List if it is necessary to fulfill India's international obligations.

• It underscores the Union's paramount role in foreign policy and international relations, allowing it to bring national law in conformity with international commitments.

• For instance, if an international environmental treaty requires certain regulations on a subject typically falling under the State List, Parliament can legislate on it under Article 253.