Question

With reference to parliamentary legislation in the State List, consider the following statements:

1. A Rajya Sabha resolution under Article 249 requires a two-thirds majority of members present and voting.

2. Laws made by Parliament under Article 252 can be amended or repealed by state legislatures.

3. During President’s rule, laws made by Parliament on State List matters remain in force indefinitely unless repealed by the state legislature.

4. Parliament can legislate on State List matters to implement international agreements without state consent.

Which of the statements given above are correct?

• A. 1, 3, and 4 only
• B. 1 and 4 only
• C. 2 and 3 only
• D. 1, 2, and 4 only

Answer 1

Answer:

A. 1, 3, and 4 only

Understanding Parliamentary Legislation on State List Matters

• The Indian Constitution divides legislative powers between the Union and the States through three lists: the Union List, State List, and Concurrent List.
• Normally, the State Legislature has exclusive power to make laws on subjects enumerated in the State List. However, under certain extraordinary circumstances, the Parliament can legislate on these matters.

Key Provisions and Exceptions:

• Article 249 – Power of Parliament to legislate with respect to a matter in the State List in the national interest:
  • If the Rajya Sabha declares by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, Parliament can legislate on that matter.
  • Such a resolution remains in force for a period not exceeding one year but can be extended by a subsequent resolution for an additional year each time.
  • A law made under this Article ceases to have effect on the expiration of six months after the resolution has ceased to be in force.
  • Therefore, statement 1 is correct.
• Article 252 – Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State:
  • If the legislatures of two or more states pass resolutions requesting Parliament to make a law on a matter in the State List, Parliament can enact such a law for those states.
  • Any other state can adopt this law subsequently by passing a resolution.
  • Laws made under Article 252 can only be amended or repealed by Parliament, not by the state legislatures that requested them. This is a crucial point for competitive exams.
  • Therefore, statement 2 is incorrect.
• Article 356 – Provisions in case of failure of constitutional machinery in State (President's Rule):
  • When a proclamation of President's Rule (Article 356) is in force in a state, the Parliament gets the power to make laws for that state with respect to any matter in the State List.
  • It is important to note that laws made by Parliament under President's Rule continue to be in force even after the President's Rule is lifted.
  • These laws can, however, be altered, repealed, or re-enacted by the concerned state legislature once the President's Rule is over. They do not automatically expire.
  • Therefore, statement 3 is correct.
• Article 253 – Legislation for giving effect to international agreements:
  • Parliament has the exclusive 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 power allows Parliament to legislate on subjects in the State List if it is necessary to implement an international treaty or agreement, without requiring the consent of the state legislatures.
  • This highlights the supremacy of international commitments over state legislative autonomy in certain contexts.
  • Therefore, statement 4 is correct.