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

Which of the following statement(s) regarding passing a law under the State List is/are correct ? 1. Even in the sphere (State List) exclusively reserved for the States, Parliament can legislate under certain circumstances. 2. Parliament cannot legislate a subject under the State List under any circumstances. 3. A resolution supported by two-thirds of the members present and voting is required to be passed by Rajya Sabha to pass a law under the State List. Select the correct answer using the code given below :

  1. A.1, 2 and 3
  2. B.2 and 3 only
  3. C.1 and 3 only
  4. D.1 only

Correct answer

C. 1 and 3 only

Explanation

The correct answer is C, 1 and 3 only. Parliament can make laws on State List subjects in certain situations, and one of them is a Rajya Sabha resolution passed by a two-thirds majority.

Under Article 249, if the Rajya Sabha declares by a resolution, supported by two-thirds of the members present and voting, that it is in the national interest, Parliament may legislate on a State List subject. Such a resolution lasts one year and can be renewed. Parliament can also legislate on state subjects during a national emergency (Article 250), when two or more states ask it to (Article 252), to carry out international treaties (Article 253), and when President's Rule is in force in a state (Article 356). These provisions show the federal balance tilted towards the Centre.

A is wrong because statement 2 is false. B is wrong because it drops the correct statement 1 and includes the false statement 2. D is wrong because statement 3 is also correct.

Exam tip: Parliament on the State List: Articles 249 (Rajya Sabha, two-thirds), 250, 252, 253 and 356.

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.