Question

Statement: The Parliament can legislate on State List matters during a proclamation of national emergency.
Assertion: Such laws remain in force indefinitely unless repealed by the state legislature.

Which of the following is correct?

• A. Both the Statement and Assertion are true, and the Assertion is the correct explanation of the Statement.
• B. Both the Statement and Assertion are true, but the Assertion is not the correct explanation of the Statement.
• C. The Statement is true, but the Assertion is false.
• D. The Statement is false, but the Assertion is true.

Answer 1

Answer:

C. The Statement is true, but the Assertion is false.

Legislative Powers during Emergency

• The Statement is true: During a Proclamation of National Emergency (under Article 352), the Parliament acquires the power to make laws on any subject enumerated in the State List. This is explicitly provided by Article 250 of the Indian Constitution.

• Even during a national emergency, the legislative power of the state legislature is not suspended. It continues to function, but its power becomes subordinate to that of the Parliament.

Duration of such Laws

• The Assertion is false: Laws made by Parliament on State List subjects during a national emergency do not remain in force indefinitely.

• According to Article 250(2), such laws cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to operate.

• This means these laws are temporary in nature and are not repealed by the state legislature, but rather automatically lapse unless continued by subsequent parliamentary legislation or repealed earlier.

Additional Key Facts for Competitive Exams

• Article 246 of the Constitution distributes legislative powers between the Union and the States based on the Seventh Schedule, which comprises the Union List, State List, and Concurrent List.

• Parliament can legislate on State List matters in the following exceptional circumstances, apart from National Emergency:

  • If the Rajya Sabha passes a resolution by a 2/3rd majority declaring a subject of national interest (Article 249).

  • When two or more states request Parliament to do so (Article 252).

  • For implementing International Treaties, Agreements, or Conventions (Article 253).

  • During President's Rule in a state (Article 356).

• There are three types of emergencies provided in the Indian Constitution: National Emergency (Article 352), State Emergency/President's Rule (Article 356), and Financial Emergency (Article 360)