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Difficulty: HardFederal System, Centre-State Relations, and Emergency Provisions

Consider the following statements regarding the legislative powers of Parliament to legislate on matters in the State List under Article 249 of the Constitution of India:

1. A resolution passed by the Rajya Sabha under Article 249 empowering Parliament to legislate on a State subject remains in force for a maximum period of one year at a time.
2. When Parliament enacts a law under Article 249, the legislative capacity of the State Legislature over that subject is completely suspended.
3. In case of any inconsistency between a Parliamentary law made under Article 249 and a State law on the same subject, the Parliamentary law prevails so long as it remains in force.

Which of the statements given above are correct?

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

Answer

Statements 1 and 3 are correct, whereas Statement 2 is incorrect.
The option selecting statements 1 and 3 only is correct. Statement 1 is true because Article 249(2) caps the validity of a Rajya Sabha resolution at one year at a time. Statement 3 is true because Article 251 expressly mandates that in case of repugnancy between a Parliamentary law under Article 249 and a State law, the Parliamentary law prevails as long as it remains in force. Statement 2 is false because Article 251 preserves the State Legislature's power to legislate on the same subject.

Step-by-Step Solution

1
Analyze Statement 1 regarding the tenure of a resolution under Article 249.
Under Article 249(2), a resolution passed by the Rajya Sabha declaring a State List subject to be of national interest remains in force for such period, not exceeding one year, as specified therein. It can be renewed repeatedly for one year at a time.
Verify procedural limits governing Parliament's jurisdiction over State subjects in national interest.
2
Analyze Statement 2 regarding the impact on State legislative power under Article 251.
Article 251 explicitly affirms that nothing in Article 249 restricts the power of the State Legislature to make any law on that subject. The State's legislative power is not suspended.
Determine whether Central legislation under Article 249 deprives the State Legislature of its constitutional competency.
3
Analyze Statement 3 regarding inconsistency between Parliamentary and State laws.
Article 251 specifies that if a law made by a State Legislature is repugnant to a Parliamentary law made under Article 249, the Parliamentary law prevails to the extent of repugnancy so long as it remains in force.
Apply the constitutional supremacy rule governing concurrent operational laws under Article 251.

Key Concept

Parliamentary Legislation on State List Subjects (Article 249 and Article 251)
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Topics

Federal System, Centre-State Relations, and Emergency Provisions

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