Which of the following statement(s) regarding passing a law under the

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, 2 and 3
2 and 3 only
1 and 3 only
1 only
This question was previously asked in
UPSC CAPF – 2020
The correct option is C.
Statement 1 is correct: Parliament can legislate on State List subjects under certain exceptional circumstances, such as when the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest (Article 249), during a Proclamation of Emergency (Article 250), when two or more states request Parliament to legislate on a State subject for them (Article 252), or for implementing international treaties (Article 253).
Statement 2 is incorrect: As explained above, Parliament can legislate on State List subjects under specific circumstances.
Statement 3 is correct: Article 249 allows Parliament to legislate on a State List subject if the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting, declaring it necessary or expedient in the national interest for Parliament to do so.
Laws made by Parliament under Article 249 remain in force for a specified period (up to one year at a time), while those under Article 250 are valid during the Emergency. Laws under Article 252 apply only to the states which have requested the legislation, and any other state which adopts it subsequently. Laws under Article 253 are made to give effect to international agreements or conventions.
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