Question

Which of the following statements are correct regarding parliamentary legislation in the state field?

(i) Under Article 249, a resolution passed by the Rajya Sabha remains in force for one year and can be renewed multiple times.
(ii) Under Article 252, a law passed by Parliament applies only to states that have consented, but other states can adopt it later.
(iii) During President’s rule, laws made by Parliament on State List subjects cease to operate once the President’s rule ends.

• A. Only (i) and (ii)
• B. Only (ii) and (iii)
• C. Only (i) and (iii)
• D. All are correct

Answer 1

Answer:

A. Only (i) and (ii)

Parliamentary Legislation in the State Field

Article 249: Parliament's Power to Legislate on State List in National Interest

• Under Article 249, the Rajya Sabha plays a crucial role in enabling Parliament to legislate on matters in the State List.

• If the Rajya Sabha passes a resolution by a special majority (not less than two-thirds of the members present and voting) declaring that it is necessary or expedient in the national interest for Parliament to make laws on a State List subject, Parliament can then do so.

• A resolution under Article 249 remains in force for a period not exceeding one year.

• Significantly, this resolution can be renewed multiple times, each time for a period not exceeding one year, provided the conditions are met.

• This provision highlights the federal balance and the Rajya Sabha's role as the guardian of states' interests, while also allowing for parliamentary intervention in exceptional circumstances.

Article 252: Legislation by Parliament for Two or More States by Consent

• Article 252 allows Parliament to legislate on a State List subject for two or more states, provided those states give their consent.

• This consent is expressed through a resolution passed by the legislatures of the concerned states, requesting Parliament to enact a law on that specific matter.

• The law enacted by Parliament under this article applies only to those states that have consented.

• Importantly, other states can subsequently adopt such a law by passing a resolution to that effect in their respective legislatures.

• Once enacted under Article 252, such a law can only be amended or repealed by an Act of Parliament, not by the State Legislatures, even for the consenting states.

• Examples of laws passed under this provision include the Prize Competition Act, 1955, and the Urban Land (Ceiling and Regulation) Act, 1976 (now repealed).

Laws During President's Rule (Article 356)

• When President's Rule (under Article 356) is imposed in a state, the powers of the state legislature are exercised by or under the authority of Parliament.

• During this period, Parliament or the President can make laws on subjects enumerated in the State List concerning that particular state.

• A key point for competitive exams is that laws made by Parliament, the President, or any other authority during the President's Rule do not cease to operate automatically once the President's Rule is revoked.

• These laws continue to be in force even after the expiry of the President's Rule.

• However, the state legislature retains the power to repeal, alter, or re-enact such laws once it is restored and begins functioning again.

• This ensures continuity of administration and legislation in the state even after the temporary suspension of democratic rule