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HCS (Haryana)Prelims2024General Studies
Question
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 Such a law can be amended or repealed only by the Parliament.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?
Options
- A Only one statement is correct.
- B Only two statements are correct.
- C All three statements are correct.
- D None of the statements is correct
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Correct Answer
B Only two statements are correct.
Model Answer
Article 252 - Power of Parliament to Legislate for Two or More States
- Article 252 allows Parliament to make laws on matters enumerated in the State List if two or more State Legislatures pass resolutions requesting Parliament to legislate on a specific matter. Hence, statement 1 is correct.
- Once Parliament enacts a law under this provision, the law applies to the states that requested it and to any other states that may later adopt it by passing a resolution in their respective legislatures. Hence, statement 2 is incorrect.
Amendment or Repeal
- Once a law is enacted under Article 252, it can only be amended or repealed by Parliament, even though the original subject matter belongs to the State List. Hence, statement 3 is correct.
- The power to amend or repeal such a law is not vested in the State Legislatures, even if they were the ones that initially requested the law.
- Example : The Water (Prevention and Control of Pollution) Act, 1974
Additional Information
Other Situations in which Parliament Can Legislate on Matters in the State List:
- National Interest (Article 249): Parliament can legislate on a matter in the State List if the Rajya Sabha passes a resolution by a two-thirds majority of members present and voting, declaring that it is necessary or expedient in the national interest to legislate on that matter.
- Under a Proclamation of Emergency (Article 250): When a national emergency is in operation (declared under Article 352), Parliament is empowered to legislate on matters in the State List.
- To Implement International Agreements (Article 253): Parliament can legislate on any matter in the State List if it is necessary for implementing international treaties, agreements, or conventions.
- During President’s Rule (Article 356): If a state is under President’s Rule (Article 356), Parliament assumes the power to legislate on matters in the State List for that state under the failure of Constitutional machinery.