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Consider the following statements:
--------· VAJIRAM & RAVI--------·
Rajya Sabha can pass a resolution empowering the Parliament to legislate even on subjects in State List and goods and services tax matters.
This provision does not restrict the power of a State Legislature to make laws on the same matter.
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 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements:--------· VAJIRAM & RAVI--------· ...
Parliamentary legislation in the State field is allowed when Rajya Sabha passes a resolution as per Article 249. Suppose the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws with respect to GST or a matter in the State List. In that case, 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 an 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 State law and Parliamentary law, the latter prevails. So, Statements (1) and (2) are correct.
Therefore, the correct answer is c.
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Consider the following statements:--------· VAJIRAM & RAVI--------· ...
Explanation:
Statement 1:
- The statement regarding Rajya Sabha passing a resolution empowering the Parliament to legislate even on subjects in the State List and goods and services tax matters is correct.
- Article 249 of the Indian Constitution allows the Rajya Sabha to pass a resolution empowering Parliament to make laws on subjects in the State List if it is in the national interest.
Statement 2:
- The statement that this provision does not restrict the power of a State Legislature to make laws on the same matter is also correct.
- Even if Parliament passes a law on a matter in the State List, the State Legislature can still make laws on the same subject as long as the two laws do not contradict each other.
Therefore, both statements are correct. This provision allows for a balance of power between the central government and the state governments in India.
Statement 1:
- The statement regarding Rajya Sabha passing a resolution empowering the Parliament to legislate even on subjects in the State List and goods and services tax matters is correct.
- Article 249 of the Indian Constitution allows the Rajya Sabha to pass a resolution empowering Parliament to make laws on subjects in the State List if it is in the national interest.
Statement 2:
- The statement that this provision does not restrict the power of a State Legislature to make laws on the same matter is also correct.
- Even if Parliament passes a law on a matter in the State List, the State Legislature can still make laws on the same subject as long as the two laws do not contradict each other.
Therefore, both statements are correct. This provision allows for a balance of power between the central government and the state governments in India.
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Consider the following statements:--------· VAJIRAM & RAVI--------· Rajya Sabha can pass a resolution empowering the Parliament to legislate even on subjects in State List and goods and services tax matters. This provision does not restrict the power of a State Legislature to make laws on the same matter. 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 'C'. Can you explain this answer?
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