Multiple choice

The Indian Parliament can invade the State List if I. a subject in the State List assumes National importance II. a proclamation of emergency has been issued by the President of India III. it becomes important to implement some international treaty or agreement or convention

Which of the following is/are correct?

  1. II and III

  2. I and II

  3. I and III

  4. I, II and III
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Enforcement over the state list by the Union -  

The constitution gives the Central government authority to interfere in State list under special circumstances:                                                                                                                                                                                                                                                                 
At the Resolution of Rajya Sabha - 
The Union Parliament will be authorized to pass a law on a subject of state list about which the Rajya Sabha passes a resolution with 2/3rds majority of the members present and voting saying that subject has attained national importance.
Request of the states -
Failure of the constitutional machinery - 
The Parliament is empowered to pass laws on the state subject for the state in which emergency has been proclaimed because of the failure of constitutional machinery.
During emergency -
The Parliament has the authority to pass laws on any subjects of the state list during the emergency proclaimed because of war and external aggression etc.
Enforcement of International treaties -
The Parliament has the power to make law on any item of the state in order to implement some international treaty or agreement or convention.
Assent of President is essential - Some Bills are reserved by the Governor for the signature of the President after being passed by the state Legislature e.g. Bills concerning restrictions as the powers of High Courts and Bills concerning acquisitions on property by the state by paying compensation etc. The President has the power of absolute veto over the Bills which are thus reserved by the Governors for his signature.

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