Which one of the following statements is not correct?

The Union Executive can exercise power on any subject included in the Union List of Seventh Schedule of the Constitution of India.

The Union Executive can exercise jurisdiction conferred on the Government of India by any international treaty.

The Union Executive can exercise power for any State on any subject included in the Concurrent List of Seventh Schedule of the Constitution of India.

The Union Executive can issue directions to the States for ensuring compliance with any law passed by the Parliament.

Answer is Right!

Answer is Wrong!

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UPSC Combined Section Officer – 2019-20

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Statement C is not correct because the executive power on subjects in the Concurrent List primarily rests with the States. The Union Executive can exercise executive power on Concurrent List subjects only if the Constitution or a law made by Parliament expressly provides for it. It cannot generally exercise power for any State on Concurrent List subjects. Statements A, B, and D correctly describe powers of the Union Executive.

Article 73 of the Constitution outlines the extent of the executive power of the Union. It extends to matters on the Union List and to the exercise of rights under treaties. Article 256 allows the Union to give directions to States for compliance with Union laws. For the Concurrent List, while Parliament has legislative power, the executive power usually remains with the States, unless specifically assigned to the Union.

The distribution of executive power mirrors the distribution of legislative power for the Union and State lists. For the Concurrent List, executive power generally lies with the states, ensuring the federal structure is maintained even when the centre legislates on these subjects. Specific laws on the Concurrent List may confer executive functions on the Union government or its officers.

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