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Consider the following statements.
1. State Legislatures can make laws on matters enumerated in the Residuary list in special circumstances.
2. State Legislatures cannot make laws on those matters enumerated in the Concurrent List on which Central legislation already exists.
Choose the correct answer using the codes below:
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)None
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Consider the following statements. 1. State Legislatures can make law...
- The Parliament has exclusive powers to make laws concerning any of the matters enumerated in the Union List and Residuary list.
- Both the Parliament and state legislature can make laws concerning any of the matters enumerated in the Concurrent List even if a Central law exists. But, laws made by the state should not contravene Central laws.
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Most Upvoted Answer
Consider the following statements. 1. State Legislatures can make law...
Explanation:
The given statements are:
1. State Legislatures can make laws on matters enumerated in the Residuary list in special circumstances.
2. State Legislatures cannot make laws on those matters enumerated in the Concurrent List on which Central legislation already exists.
Statement 1: State Legislatures can make laws on matters enumerated in the Residuary list in special circumstances.
The Indian Constitution divides the legislative powers between the central government and the state governments through three lists: the Union List, the State List, and the Concurrent List. The Residuary List consists of matters not mentioned in any of the three lists.
According to Article 248 of the Indian Constitution, the Parliament has exclusive power to make laws on any matter not enumerated in the State List or the Concurrent List. However, in special circumstances, if the need arises, the State Legislatures can also make laws on matters in the Residuary List. This is mentioned in Article 248 itself.
Therefore, statement 1 is correct.
Statement 2: State Legislatures cannot make laws on those matters enumerated in the Concurrent List on which Central legislation already exists.
The Concurrent List consists of subjects on which both the central government and the state governments can make laws. In case of a conflict between the central legislation and state legislation on the same subject, the central legislation prevails.
According to Article 254 of the Indian Constitution, if there is any inconsistency between a law made by the Parliament and a law made by the State Legislature on a subject in the Concurrent List, the central law shall prevail and the state law shall be void to the extent of inconsistency.
Therefore, statement 2 is also correct.
Conclusion:
Both statements 1 and 2 are correct. State Legislatures can make laws on matters in the Residuary List in special circumstances, and they cannot make laws on matters in the Concurrent List on which Central legislation already exists. Hence, the correct answer is option D.
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Consider the following statements. 1. State Legislatures can make laws on matters enumerated in the Residuary list in special circumstances. 2. State Legislatures cannot make laws on those matters enumerated in the Concurrent List on which Central legislation already exists.Choose the correct answer using the codes below: a) 1 only b) 2 only c) Both 1 and 2 d) NoneCorrect answer is option 'D'. Can you explain this answer?
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