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Consider the following statements:
- Parliament can entrust the executive functions of the Centre to a state without the consent of that state.
- A law made by the Parliament in the state under the President's rule is coterminous with the duration of the President's rule.
Which of the statements given above 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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Most Upvoted Answer
Consider the following statements: Parliament can entrust the executiv...
The correct answer is option 'A': 1 only.
Explanation:
1. Parliament can entrust the executive functions of the Centre to a state without the consent of that state:
According to the Constitution of India, the Centre has the power to entrust executive functions to a state without the consent of that state. This provision is mentioned in Article 258 of the Constitution. Under this provision, Parliament can entrust to any state or to any officer or authority of a state, the executive functions of the Centre in relation to any matter, not enumerated in the Union List or the Concurrent List. This means that the Centre can delegate its executive functions to a state government or any officer or authority of the state government. However, it is important to note that this delegation of executive functions can only be done in relation to matters that are not mentioned in the Union List or the Concurrent List.
2. A law made by the Parliament in the state under the President's rule is coterminous with the duration of the President's rule:
This statement is incorrect. The duration of a law made by Parliament during the President's rule is not necessarily coterminous with the duration of the President's rule. The President's rule is imposed under Article 356 of the Constitution when there is a failure of the constitutional machinery in a state. During the President's rule, the Governor's powers and functions are exercised by the President or any person appointed by the President. The Parliament can make laws for the state under the President's rule. These laws will continue to be in force even after the President's rule is lifted, unless they are repealed or amended by a competent authority. Therefore, the duration of a law made by Parliament during the President's rule can extend beyond the duration of the President's rule.
To summarize, only statement 1 is correct. Parliament can entrust the executive functions of the Centre to a state without the consent of that state. Statement 2 is incorrect as the duration of a law made by Parliament during the President's rule is not necessarily coterminous with the duration of the President's rule.
Explanation:
1. Parliament can entrust the executive functions of the Centre to a state without the consent of that state:
According to the Constitution of India, the Centre has the power to entrust executive functions to a state without the consent of that state. This provision is mentioned in Article 258 of the Constitution. Under this provision, Parliament can entrust to any state or to any officer or authority of a state, the executive functions of the Centre in relation to any matter, not enumerated in the Union List or the Concurrent List. This means that the Centre can delegate its executive functions to a state government or any officer or authority of the state government. However, it is important to note that this delegation of executive functions can only be done in relation to matters that are not mentioned in the Union List or the Concurrent List.
2. A law made by the Parliament in the state under the President's rule is coterminous with the duration of the President's rule:
This statement is incorrect. The duration of a law made by Parliament during the President's rule is not necessarily coterminous with the duration of the President's rule. The President's rule is imposed under Article 356 of the Constitution when there is a failure of the constitutional machinery in a state. During the President's rule, the Governor's powers and functions are exercised by the President or any person appointed by the President. The Parliament can make laws for the state under the President's rule. These laws will continue to be in force even after the President's rule is lifted, unless they are repealed or amended by a competent authority. Therefore, the duration of a law made by Parliament during the President's rule can extend beyond the duration of the President's rule.
To summarize, only statement 1 is correct. Parliament can entrust the executive functions of the Centre to a state without the consent of that state. Statement 2 is incorrect as the duration of a law made by Parliament during the President's rule is not necessarily coterminous with the duration of the President's rule.
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Consider the following statements: Parliament can entrust the executiv...
- Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states. The Parliament can make laws for the whole or any part of the territory of India. A state legislature can make laws for the whole or any part of the state. The Parliament alone can make ‘extraterritorial legislation’.
- 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 coterminous with the duration of the President’s rule. Hence statement 2 is not correct.
- Mutual Delegration of Functions: The Constitution provides for inter government delegation of executive functions in order to mitigate rigidity and avoid a situation of deadlock. Accordingly, the President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre. Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
- The Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president. Thus, a law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state (irrespective of the consent of the state concerned). Hence statement 1 is correct.
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Consider the following statements: Parliament can entrust the executive functions of the Centre to a state without the consent of that state. A law made by the Parliament in the state under the Presidents rule is coterminous with the duration of the Presidents rule.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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