Consider the following statements: 1. The Legislature of India can

Consider the following statements:

  • 1. The Legislature of India can confer additional powers on the Union and impose duties upon it in order to make laws related to subjects in the State List effective.
  • 2. The executive power of the Union of India extends to giving directions to the States for the construction and maintenance of means of communication declared to be of national or military importance.

Which of the statements given above is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CAPF – 2010
Both statements 1 and 2 are correct.
– Statement 1: The Legislature of India (Parliament) can confer additional powers on the Union and impose duties upon it in order to make laws related to subjects in the State List effective. While State List subjects are primarily under the purview of state legislatures, the Constitution provides mechanisms where Parliament can legislate on State List subjects (e.g., under Articles 249, 250, 252, 253). When Parliament makes a law on a State List subject under these special provisions, it can confer powers on Union agencies or impose duties on the Union executive to ensure the effective implementation of such laws. This makes the statement correct.
– Statement 2: The executive power of the Union extends to giving directions to the States for the construction and maintenance of means of communication declared to be of national or military importance. This is explicitly stated in Article 257(2) of the Constitution.
– Article 249: Parliament can legislate on a State List subject if Rajya Sabha declares it necessary in national interest (2/3 majority).
– Article 250: Parliament can legislate on any subject in the State List during a Proclamation of Emergency.
– Article 252: Parliament can legislate on a State List subject if two or more states request it.
– Article 253: Parliament can legislate on any subject to implement international treaties.
– Article 257 deals with the control of the Union over States in certain cases, including directions regarding communications.