Q1. With reference to the distribution of legislative powers between the Union and the States in India, consider the following statements:
- Article 246 distributes legislative powers between Parliament and State Legislatures with reference to the three lists in the Seventh Schedule.
- Parliament has exclusive legislative competence over subjects in the State List under all circumstances.
- In case of repugnancy between a Central law and a State law on a Concurrent List subject, the Central law generally prevails, subject to the exception provided under Article 254(2).
- Parliament can legislate on a State List subject when the Rajya Sabha passes a resolution under Article 249 in the national interest.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 1, 3 and 4 only
(c) 2, 3 and 4 only
(d) 1 and 4 only
Answer: (b) 1, 3 and 4 only
Explanation:
- Statement 1 is Correct: Article 246 provides the constitutional framework for distribution of legislative powers through the Union List, State List and Concurrent List.
- Statement 2 is Incorrect: State Legislatures ordinarily have exclusive competence over State List subjects. However, Parliament can legislate on them under specified constitutional circumstances.
- Statement 3 is Correct: Under Article 254(1), Central law generally prevails in case of repugnancy. Under Article 254(2), a State law reserved for and receiving Presidential assent can prevail within that State, although Parliament can subsequently override it.
- Statement 4 is Correct: Under Article 249, Parliament can legislate on State List subjects if the Rajya Sabha passes a resolution supported by not less than two-thirds of members present and voting, declaring it necessary in the national interest.