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Under which of the following circumstances can the Parliament of India make laws on items in the state list?
1. During proclamation of national emergency.
2. To give effect to international agreements.
3. When two or more states request the Parliament.
4. If Lok Sabha initiates a resolution with special majority and declares that a subject is of national interest
Select the correct answer using the code given below:
  • a)
    1 and 2 only
  • b)
    3 and 4 only
  • c)
    1, 3 and 4 only
  • d)
    1, 2 and 3 only
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Under which of the following circumstances can the Parliament of India...
Statement 4 is incorrect: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter.
Parliamentary Legislation in subjects of the State list
Constitution empowers the Parliament to make laws on any matter enumerated in the State List under the following five extraordinary circumstances:
  • When Rajya Sabha Passes a Resolution: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force. This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
  • During a National Emergency: The Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation. The laws become inoperative on the expiration of six months after the emergency has ceased to operate. Here also, the power of a state legislature to make laws on the same matter is not restricted. But, in case of repugnancy between a state law and a parliamentary law, the latter is to prevail.
  • When States Make a Request: When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions. However, any other state may adopt it afterwards by passing a resolution to that effect in its legislature. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.
  • To Implement International Agreements: The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions. This provision enables the Central government to fulfil its international obligations and commitments. Some examples of laws enacted under the above provision are United Nations (Privileges and Immunities) Act, 1947; Geneva Convention Act, 1960; Anti-Hijacking Act, 1982 and legislations relating to environment and TRIPS.
  • During President’s Rule: When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. A law made so by the Parliament continues to be operative even after the president’s rule. This means that the period for which such a law remains in force is not co-terminus with the duration of the President’s rule. But, such a law can be repealed or altered or re-enacted by the state legislature.
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Community Answer
Under which of the following circumstances can the Parliament of India...
In option 4, it should be Rajya sabha.
If Rajya sabha initiates a resolution with special majority and declares that a subject is of national importance than parliament of India make laws.
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Under which of the following circumstances can the Parliament of India make laws on items in the state list?1. During proclamation of national emergency.2. To give effect to international agreements.3. When two or more states request the Parliament.4. If Lok Sabha initiates a resolution with special majority and declares that a subject is of national interestSelect the correct answer using the code given below:a)1 and 2 onlyb)3 and 4 onlyc)1, 3 and 4 onlyd)1, 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?
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Under which of the following circumstances can the Parliament of India make laws on items in the state list?1. During proclamation of national emergency.2. To give effect to international agreements.3. When two or more states request the Parliament.4. If Lok Sabha initiates a resolution with special majority and declares that a subject is of national interestSelect the correct answer using the code given below:a)1 and 2 onlyb)3 and 4 onlyc)1, 3 and 4 onlyd)1, 2 and 3 onlyCorrect answer is option 'D'. 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 Under which of the following circumstances can the Parliament of India make laws on items in the state list?1. During proclamation of national emergency.2. To give effect to international agreements.3. When two or more states request the Parliament.4. If Lok Sabha initiates a resolution with special majority and declares that a subject is of national interestSelect the correct answer using the code given below:a)1 and 2 onlyb)3 and 4 onlyc)1, 3 and 4 onlyd)1, 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Under which of the following circumstances can the Parliament of India make laws on items in the state list?1. During proclamation of national emergency.2. To give effect to international agreements.3. When two or more states request the Parliament.4. If Lok Sabha initiates a resolution with special majority and declares that a subject is of national interestSelect the correct answer using the code given below:a)1 and 2 onlyb)3 and 4 onlyc)1, 3 and 4 onlyd)1, 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?.
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