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Consider the following statements:
1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.
2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.
Q. Which of the statements given is/are correct?
1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.
2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.
Q. Which of the statements given is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Consider the following statements:1. The Rajya Sabha alone has the pow...
Art.249 empowers the Rajya Sabha to declare by a resolution that the Parliament should make laws with respect to any matter enumerated in the State List if it is in national interest. Such a resolution is passed by a two-thirds majority and remains in force for a period of one year unless another resolution is passed for its continuance. Resolutions approving the Proclamation of Emergency are to be passed by both the Houses of the Parliament as provided in Art.352.
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Consider the following statements:1. The Rajya Sabha alone has the pow...
The correct answer is option 'A' - 1 only. Let's analyze each statement to understand why.
Statement 1: The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.
- The distribution of legislative powers between the Union (Parliament) and the States is clearly mentioned in the Seventh Schedule of the Indian Constitution. It consists of three lists - Union List, State List, and Concurrent List.
- The Union List includes subjects on which only the Parliament can make laws, such as defense, foreign affairs, banking, etc.
- The State List includes subjects on which only the State Legislatures can make laws, such as police, public health, local government, etc.
- The Concurrent List includes subjects on which both the Parliament and the State Legislatures can make laws, such as criminal law, marriage, bankruptcy, etc.
- In general, the Parliament cannot legislate on matters in the State List unless it is in the national interest. However, it is the President who has the power to declare that it is in the national interest for the Parliament to legislate on a State List matter.
- The Rajya Sabha does not have the power to declare this on its own. This power lies with the President, who acts on the advice of the Council of Ministers.
Therefore, statement 1 is incorrect.
Statement 2: Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.
- The Indian Constitution provides for three types of emergencies - National Emergency, State Emergency, and Financial Emergency.
- A Proclamation of Emergency can be issued by the President if he/she is satisfied that the country or any part thereof is facing a grave threat to its security or stability.
- The Proclamation of Emergency has to be approved by both Houses of Parliament within a specific time period.
- The approval of the Proclamation of Emergency requires a simple majority in each House of Parliament.
- The Lok Sabha and the Rajya Sabha both have the power to pass resolutions approving the Proclamation of Emergency. The approval of either House is sufficient.
Therefore, statement 2 is also incorrect.
In conclusion, neither statement 1 nor statement 2 is correct.
Statement 1: The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.
- The distribution of legislative powers between the Union (Parliament) and the States is clearly mentioned in the Seventh Schedule of the Indian Constitution. It consists of three lists - Union List, State List, and Concurrent List.
- The Union List includes subjects on which only the Parliament can make laws, such as defense, foreign affairs, banking, etc.
- The State List includes subjects on which only the State Legislatures can make laws, such as police, public health, local government, etc.
- The Concurrent List includes subjects on which both the Parliament and the State Legislatures can make laws, such as criminal law, marriage, bankruptcy, etc.
- In general, the Parliament cannot legislate on matters in the State List unless it is in the national interest. However, it is the President who has the power to declare that it is in the national interest for the Parliament to legislate on a State List matter.
- The Rajya Sabha does not have the power to declare this on its own. This power lies with the President, who acts on the advice of the Council of Ministers.
Therefore, statement 1 is incorrect.
Statement 2: Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.
- The Indian Constitution provides for three types of emergencies - National Emergency, State Emergency, and Financial Emergency.
- A Proclamation of Emergency can be issued by the President if he/she is satisfied that the country or any part thereof is facing a grave threat to its security or stability.
- The Proclamation of Emergency has to be approved by both Houses of Parliament within a specific time period.
- The approval of the Proclamation of Emergency requires a simple majority in each House of Parliament.
- The Lok Sabha and the Rajya Sabha both have the power to pass resolutions approving the Proclamation of Emergency. The approval of either House is sufficient.
Therefore, statement 2 is also incorrect.
In conclusion, neither statement 1 nor statement 2 is correct.
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Consider the following statements:1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.Q.Which of the statements given is/are correct?a)1 only b)2 onlyc)Both 1 and 2 d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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Consider the following statements:1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.Q.Which of the statements given is/are correct?a)1 only b)2 onlyc)Both 1 and 2 d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements:1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.Q.Which of the statements given is/are correct?a)1 only b)2 onlyc)Both 1 and 2 d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements:1. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislate with respect to a matter in the State List.2. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.Q.Which of the statements given is/are correct?a)1 only b)2 onlyc)Both 1 and 2 d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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