Test: Class 11 Polity NCERT Based-4 - UPSC MCQ

• The constitutional law consists both of legal in the strict sense and of usages, commonly called as conventions, which without being enacted are accepted as binding by all who are concerned in government.

• Many rules and practices are not part of the law in the sense that their violation may lead to proceeding in a court of law. Indian Constitution is said to be a federal structure only because it is said that it has clear demarcation of boundaries between the central & the state government similar to that of the U.S. India having legislative and executive authority divided between the centre and the state. Chief essentials for a constitution to be federal are:

1. Dispersion of powers between the center and the united states forming federation among a number of coordinate bodies, controlled by constitution.

2. Rigidity – neither the center nor the state has power to amend the provision of constitution relating separation of powers.

3. A written constitution

4. Domination of the constitution – neither the center or state have power to nullify the constitution

5. An independent body and unprejudiced authority (Eg. Judiciary) India is often also claimed to be non- federal in matters such as the Center can impinge upon the areas earmarked only for the states in some cases. Therefore, it infringes the principle of federalism as it makes the state hyponym to the center.

• The Union List or List-I is a list of 100 items (the last item is numbered 97) given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate.

• The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government. There are 100 items on the list, of which one is no longer in force.

Agriculture and Industries come under State List.

Executive Power distribution -

1. The executive power division is on similar lines as the legislative power distribution. 2. A law on concurrent subjects has to be implemented by the state even if it is enacted by Parliament.

Obligation of States and the Centre –

1. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State.

2. The executive power of every State shall be exercised in manner so as not to impede the exercise of the executive power of the Union.

3. Article 365 - Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.

4. After this, the President’s rule can be imposed in the state under Article 356. Directions to the States by Union –

1. The executive power of the Union shall also extend to giving directions to a State for measures to be taken for the protection of the railways within the State.

2. The executive power of the Union shall also extend to the giving directions to a State as to the construction and maintenance of means of communication which are of national and military importance.

3. Centre can give directions to States for provision of adequate facilities for instruction in mother-tongue at primary stage.

4. The Centre can also direct states to draw and execute specified schemes for the welfare of the Scheduled Tribes in the state.

Mutual Delegation of Functions -

1. With the consent of the state government, the President may entrust to that government any of the executive functions of the Centre.

2. Also with the consent of the Union government, the governor of a state may entrust to the Union government any of the executive functions of the state.

3. The Centre can entrust its executive functions to a state without the consent of that state.

4. But here it is the Parliament that is delegating and not the President.

5. But, the state cannot entrust executive functions to the Union government without Union government’s consent.

A. When Rajya Sabha passes a resolution to that effect –

1. Parliament can make laws on a matter in state list, if the Rajya Sabha says that it is necessary in the national interest that Parliament should make laws on that matter.

2. This resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting.

3. The resolution remains in force only for one year.

4. It can be renewed again and again but not exceeding one year at a time.

5. The laws made under the resolution too cease to have effect on the expiration of six months after the resolution has ceased to be in force.

6. The state legislature toocan make laws on the same matter, but, in case of conflict parliamentary law prevails.

B. During a National Emergency -

1. When a proclamation of national emergency is in operation, parliament can legislate on subjects of the state list.

2. Here too the laws become ineffective on the expiry of six months after the emergency has ceased to operate.

3. Here again, states can make laws but in case of conflict parliamentary law prevails. C. When States make a request for it -

1. Parliament can also make laws on subjects in the state list when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on that matter.

2. This law enacted by the Parliament will apply only to the concerned states i.e., states who have passed such a resolution.

3. But even other states are allowed to adopt the law by passing a resolution in their legislatures.

4. However only Parliament can amend or repeal such a law.

5. The state legislature loses the power to make a law with respect to that subject. Some examples are -Transplantation of Human Organs Act, 1994; Prize Competition Act, 1955; Wild Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974, etc.

D. For implementing International Agreements -

1. For implementing the international treaties, agreements or conventions, the Parliament is authorized to make laws on any subject in the State List. Examples -Legislations related to TRIPS; Anti-Hijacking Act, 1982; etc.

E. During President’s Rule -

1. Parliament can make laws with respect to any subject in the State List in relation to that state, when the President's rule is in force in that state.

2. Even if the President’s Rule ends, the law remains in force in the state.

3. However, the State legislature can repeal or alter or re-enact that law.

• Parliament is the supreme legislative body of India. The Indian Parliament comprises the President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People).

• The President has the power to summon and prorogue either the House of Parliament or to dissolve Lok Sabha.

• The Constitution of India came into force on January 26, 1950. The first general elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into existence in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998, Thirteenth Lok Sabha in October, 1999, Fourteenth Lok Sabha in May, 2004 and Fifteenth Lok Sabha in April, 2009.

Both the statements are correct.

• Sources Features Borrowed: British Constitution: Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.

• Irish Constitution: Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president. South African Constitution : Procedure for amendment of the Constitution and election of members of Rajya Sabha. Japanese Constitution: Procedure established by Law