Consider the following statements regarding situations in which the Indian Parliament is permitted to legislate on a subject in the State List: 1. The President of India directs it to do so. 2. The Rajya Sabha passes a resolution that it is necessary to do so in the national interest. 3. The Speaker of the Vidhan Sabha certifies that such legislation is necessary. 4. A national emergency is in operation. Which of the statements given above are correct?

Difficulty: Hard

Correct Answer: 2 and 4

Explanation:


Introduction / Context:
In India, legislative subjects are divided between the Union List, State List, and Concurrent List. Normally, subjects in the State List are reserved for State Legislatures. However, the Constitution allows Parliament to legislate on State List matters under certain exceptional conditions. This question asks you to identify which of the listed situations legally permit Parliament to make laws on State subjects, testing understanding of federal flexibility and emergency provisions.


Given Data / Assumptions:

  • Statement 1 refers to the President directing Parliament to legislate.
  • Statement 2 refers to a Rajya Sabha resolution in national interest.
  • Statement 3 refers to certification by a State Assembly Speaker.
  • Statement 4 refers to a national emergency.
  • We assume knowledge of Articles 249, 250, 252, and 253, which govern such situations.


Concept / Approach:
Parliament can legislate on State List matters mainly in four scenarios: when the Rajya Sabha passes a resolution by two thirds of members present and voting that it is necessary in the national interest (Article 249), while a proclamation of national emergency is in force (Article 250), when two or more states consent and request Parliament to legislate (Article 252), and to implement international agreements (Article 253). There is no provision where the President or a State Assembly Speaker alone can authorise Parliament to legislate on the State List in the manner described in statements 1 and 3.


Step-by-Step Solution:
Step 1: Map each statement to an Article, if possible. Statement 2 matches Article 249 (Rajya Sabha resolution in national interest). Step 2: Recognise that statement 4 describes a national emergency situation corresponding to Article 250, which does allow Parliament to legislate on State subjects. Step 3: Examine statement 1 and note that there is no general constitutional clause allowing the President simply to direct Parliament to legislate on State List matters. Step 4: Examine statement 3 and recall that the Speaker of a Vidhan Sabha has no such power; instead, states as legislatures may request laws under Article 252 collectively, not by a Speaker's certificate alone. Step 5: Conclude that only statements 2 and 4 are correct, so option 2 and 4 is the right answer.


Verification / Alternative check:
Articles 249 and 250 in the Constitution explicitly provide for Parliament's power to make laws on State subjects when the Rajya Sabha passes a national interest resolution and during a national emergency respectively. Articles 252 and 253 create additional but differently worded routes, none of which match statement 1 or 3. Because only statements 2 and 4 track actual constitutional mechanisms, they are the correct combination.


Why Other Options Are Wrong:
Options including statement 1 or 3 are incorrect because there is no constitutional basis for these statements. The President cannot unilaterally authorise Parliament to legislate on State List subjects outside of emergency provisions, and the Speaker of a Vidhan Sabha has no authority to certify such legislation at the Union level. Therefore, combinations like 1, 2 and 3; 2, 3 and 4; 1 and 2; or 1, 3 and 4 include at least one incorrect statement and must be rejected.


Common Pitfalls:
A common mistake is to overestimate the powers of the President, assuming that a general directive can override the federal distribution of powers. Another is to mix up Article 252, where State Legislatures pass resolutions requesting Parliament's law, with the role of individual Speakers. Additionally, some aspirants attempt to memorise article numbers without understanding the underlying logic, which makes it harder to answer when question wording is slightly altered. Focusing on conceptual understanding of when Union intervention in State subjects is allowed leads to fewer errors.


Final Answer:
2 and 4

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