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Consider the following statements:
1. The Indian Constitution allows Parliament to legislate on any matter enumerated in the State List during a national emergency.
2. The President can establish regulations for Union Territories which can override parliamentary acts concerning those territories.
3. The Governor of a state can direct that a parliamentary act does not apply to a scheduled area or apply with modifications and exceptions.
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Consider the following statements:1. The Indian Constitution allows P...
1. Statement 1: Correct. During a national emergency, the Indian Constitution allows Parliament to legislate on subjects in the State List. This provision ensures that the national interest can be prioritized during emergencies, allowing the central government to enact laws that would normally fall within the jurisdiction of state legislatures.
2. Statement 2: Correct. The President of India has the power to establish regulations for Union Territories that carry the same force as parliamentary acts. These regulations can indeed modify or annul existing parliamentary acts concerning those territories, particularly when a Union Territory's legislative assembly is either suspended or dissolved.
3. Statement 3: Correct. The Constitution provides that the Governor of a state can issue directions that a parliamentary act does not apply to a scheduled area within the state, or that it applies with modifications and exceptions. This is part of the special provisions for the administration and governance of scheduled areas and tribes, highlighting the flexibility given to states in administering areas with distinct socio-cultural characteristics.
All three statements are correct, making Option D the right answer. This question tests the understanding of how legislative powers are distributed and exercised under special circumstances within the Indian federal structure.
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Most Upvoted Answer
Consider the following statements:1. The Indian Constitution allows P...
Analysis of the Statements
Let's evaluate the three statements one by one to understand why the correct answer is option 'D'.
1. National Emergency and State List
- During a national emergency, the Indian Constitution permits Parliament to legislate on matters in the State List.
- This power is granted under Article 250, allowing Parliament to make laws for states if the President declares a national emergency.
2. President's Regulations for Union Territories
- The President can indeed establish regulations for Union Territories under Article 239.
- These regulations have the power to override existing parliamentary acts concerning those territories, thus giving the President significant legislative authority.
3. Governor's Powers in Scheduled Areas
- The Governor of a state has the authority to direct that a parliamentary act does not apply to a scheduled area.
- Under Article 244, the Governor can apply such laws with modifications or exceptions, allowing for local governance that respects tribal rights and customs.
Conclusion
- All three statements are correct, reflecting the various provisions in the Indian Constitution that empower different authorities during specific circumstances.
- Therefore, the correct answer is option 'D': 1, 2, and 3.
Understanding these provisions is crucial for grasping the constitutional framework of India, especially in relation to the distribution of powers among various levels of government.
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Consider the following statements:1. The Indian Constitution allows Parliament to legislate on any matter enumerated in the State List during a national emergency.2. The President can establish regulations for Union Territories which can override parliamentary acts concerning those territories.3. The Governor of a state can direct that a parliamentary act does not apply to a scheduled area or apply with modifications and exceptions.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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