Consider the following statements regarding the legislative powers of the Parliament and the State Legislature:

Question

Consider the following statements regarding the legislative powers of the Parliament and the State Legislature:

i. Parliament has the authority to make laws for the entire territory of India or any part thereof.

ii. The State Legislature can make laws for the entire state or any part of it.

iii. Parliament has the power to enact extra-territorial legislation.

iv. Rajya Sabha can declare any subject from the State List to be of national interest by a resolution passed by a 2/3rd majority of its total membership.

Choose the correct answer:

1. A. i only
2. B. ii and iii only
3. C. i, ii, and iii only (Correct answer)
4. D. i, ii, iii, and iv

Correct Answer

Option C — i, ii, and iii only

Detailed Solution & Explanation

The correct answer is i, ii, and iii only.

Key Points

• Statement i is correct. Under Article 245(1), Parliament may make laws for the whole or any part of the territory of India.
• Statement ii is correct. The same article empowers a State Legislature to make laws for the whole or any part of the state.
• Statement iii is correct. Article 245(2) provides that no law made by Parliament shall be deemed invalid on the ground that it would have extra-territorial operation. Parliament alone has this power; a state law with extra-territorial operation is void, save for the narrow doctrine of territorial nexus.
• Statement iv is incorrect on two counts. Under Article 249, the resolution must be supported by two-thirds of the members present and voting — not two-thirds of the total membership — and the resolution declares a State List subject to be of national interest for a period of one year at a time, extendable.

Additional Information

• The five circumstances in which Parliament may legislate on the State List:
  • Article 249 — when the Rajya Sabha passes a resolution by two-thirds of members present and voting that a State List matter is of national interest. Valid for one year, renewable indefinitely; the law lapses six months after the resolution expires.
  • Article 250 — during a National Emergency. Such laws lapse six months after the Emergency ends.
  • Article 252 — when two or more states pass resolutions requesting Parliament to legislate on a State List matter. The law then applies to those states, and to any other state that later adopts it.
  • Article 253 — to implement international treaties, agreements or conventions.
  • Article 356 — during President's Rule in a state.
• The Seventh Schedule contains the Union List (currently 98 subjects), the State List (59) and the Concurrent List (52), the numbers having shifted with successive amendments.
• Residuary powers — subjects in no list — belong to Parliament under Article 248 and Entry 97 of the Union List, following the Canadian rather than the American model.
• In case of conflict on a Concurrent List subject, the Union law prevails under Article 254, unless the state law was reserved for and received the President's assent, in which case it prevails within that state — though Parliament may still override it later.