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Indian PolityEasyAsked in: UPSC CAPF · CAPF 2020, Paper I

As per provisions of the Constitution of India, which one of the following is correct?

  1. A.Only Parliament has the power to legislate over a subject under the Concurrent List
  2. B.Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List
  3. C.A legislation made under the Concurrent List by Parliament should be ratified by half of the State Legislatures so as to become a law of the country
  4. D.Only State Legislatures are empowered to make laws under Concurrent List

Correct answer

B. Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List

Explanation

The correct answer is B, Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List. Article 246(2) gives both of them the power to make laws on Concurrent List subjects.

The Seventh Schedule divides law-making subjects into three lists: the Union List for Parliament, the State List for the states, and the Concurrent List shared by both. Education, forests, marriage and divorce, criminal law and trade unions are Concurrent subjects. When a central law and a state law on such a subject clash, Article 254 says the central law prevails, unless the state law was reserved for the President and received assent. Education and forests moved from the State List to the Concurrent List through the 42nd Amendment of 1976.

A is wrong because the states also share this power. C is wrong because ordinary central laws need no ratification by states; ratification by half the states applies only to certain constitutional amendments under Article 368. D is wrong because Parliament also legislates on Concurrent subjects.

Exam tip: Concurrent List = both legislate (Article 246(2)); in a clash the central law prevails (Article 254).

Practice Questions

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Q1.Indian PolityAsked in: UPSC CAPF · CAPF 2023, Paper IMedium

Which among the following is not correct?

  1. A.Legislation on criminal law, barring exceptions, is a subject under the Concurrent List.
  2. B.Bankruptcy and Insolvency are subjects under the Concurrent List.
  3. C.Inter-State trade and commerce is a subject under the State List.
  4. D.Banking is exclusively under the Union List.
Show answer
Correct answer: C. Inter-State trade and commerce is a subject under the State List.

Trade and commerce between States is Entry 42 of the Union List, so it is wrong to place it in the State List.

Q2.Indian PolityAsked in: UPSC CAPF · CAPF 2024, Paper IMedium

Which of the following statements is/are correct ?

1. The abolition of the Official Secrets Act, 1923 was recommended by the Second Administrative Reforms Commission

2. The Right to Information Act was enacted in 2005

Select the answer using the code given below :

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: C. Both 1 and 2

The Second Administrative Reforms Commission asked for the Official Secrets Act to be repealed, and the Right to Information Act was passed in 2005.

Q3.Indian PolityAsked in: UPSC CAPF · CAPF 2021, Paper IMedium

Which one of the following powers has not been conferred on the President of India?

  1. A.Appointment of Prime Minister
  2. B.To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
  3. C.To grant pardon to a person who has been punished by a court-martial
  4. D.To remove a Judge of the High Court
Show answer
Correct answer: B. To decide at his/her discretion any question regarding disqualification of a Member of the Parliament

Under Article 103 the President decides a question of disqualification of an MP, but must obtain the opinion of the Election Commission and act according to it, so there is no discretion.

Q4.Indian PolityAsked in: UPSC CAPF · CAPF 2023, Paper IMedium

Which among the following statements regarding the powers of the High Courts under Article 226 of the Constitution of India is not correct?

  1. A.It can issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.
  2. B.Writs can be issued to enforce any rights conferred by Part-III and for any other purpose.
  3. C.This power can derogate the power conferred on the Supreme Court under Article 32(2).
  4. D.Writ can be issued to any authority under its jurisdiction.
Show answer
Correct answer: C. This power can derogate the power conferred on the Supreme Court under Article 32(2).

Article 226(4) says expressly that the High Court's writ power shall not be in derogation of the power conferred on the Supreme Court by Article 32(2).

Q5.Indian PolityAsked in: UPSC CAPF · CAPF 2021, Paper IEasy

Consider the following quote :

"On the 26th January, 1950, we are going to enter a life of contradictions. In politics we will have equality and in social and economic life we will have inequality."

To whom among the following leaders is this quote attributed?

  1. A.Mahatma Gandhi
  2. B.Sarojini Naidu
  3. C.B. R. Ambedkar
  4. D.Somnath Lahiri
Show answer
Correct answer: C. B. R. Ambedkar

He spoke these words in his final speech to the Constituent Assembly on 25 November 1949. Dr B. R. Ambedkar, chairman of the Drafting Committee, closed the debates on the draft Constitution with a speech warning about the gap between political and social democracy.