Union-State Relations — Set 1

Correct Answer: A. Articles 245-255

Articles 245-255 in Part XI (Relations between the Union and the States) deal with legislative relations between the Union and the States. Article 245 deals with extent of laws made by Parliament and Legislature, Article 246 deals with subject matter distribution, Article 247 with power to make additional courts, and Articles 248-255 with various aspects of legislative relations. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Union List subjects

Under Article 246(1), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I (the Union List) in the Seventh Schedule. These include subjects like defence, atomic energy, foreign affairs, currency, banking, railways, and posts and telegraphs — matters of national importance. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. Central law always prevails

The correct answer is Central law always prevails. Under Article 254(1), if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, the law made by Parliament shall prevail. The state law shall be void to the extent of repugnancy. However, if the state law was reserved for President's assent and received it, the state law may prevail in that state.

Correct Answer: A. Residuary powers — to make laws on matters not enumerated in State or Concurrent Lists

Article 248 grants Parliament the residuary power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This is supplemented by Entry 97 of the Union List, which includes 'any other matter not enumerated in List II or List III'. Residuary powers thus vest with the Union, not states (unlike USA where residuary powers are with states).

Correct Answer: B. Rajya Sabha passes a resolution by two-thirds majority that it is necessary in national interest

Article 249 provides that if the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest that Parliament should make laws on a matter in the State List, Parliament can do so. Such a law ceases to have effect after one year (or less if the resolution specifies). Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. At least two states pass resolutions requesting Parliament to legislate

Article 252 provides that if the Legislatures of two or more states pass resolutions to the effect that it is desirable that Parliament should make laws on a subject in the State List, Parliament may make laws regulating that matter. Any other state may subsequently adopt such a law by passing a resolution in its Legislature. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: C. Any subject — even State List subjects

Article 253 gives Parliament the power to make any law for the whole or any part of India for implementing any treaty, agreement, or convention with any other country or countries, or any decision made at any international conference, association, or other body. This power is not constrained by the three-list division — Parliament can legislate on State List subjects to fulfill international obligations. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.