1. The Parliament of India can legislate on a subject enumerated in the ‘State List of Seventh Schedule to the Indian Constitution’ under which of the following conditions?
(1) When a resolution is passed by the Rajya Sabha with a special majority.
(2) To implement an International Agreement.
(3) When the State is under the President’s Rule.
(4) When Legislatures of two or more States request the Parliament to make a law on a matter enumerated in the State List.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: (d) Explanation: The Parliament of India can legislate on a subject enumerated in the ‘State List of Seventh Schedule to the Indian Constitution’ under the following conditions:
Statement 1 is correct: Under Article 249 if the Council of States passes a resolution supported by not less than two-thirds of the members present and voting that it is necessary in the national interest that the Parliament should make laws with respect to any matter enumerated in the State List, then the Parliament can make laws with respect to that matter while the resolution remains in force. Statement 2 is correct: Under Article 252 if two or more States pass resolution requesting the Parliament to enact laws on matters listed in the State List, then the Parliament can make laws on those subjects. Statement 3 is correct: Under Article 253 the Parliament can make laws on a State subject to implement international treaties. It enables the Union government to fulfill its obligations under international agreements. Statement 4 is correct: Under Article 356 when the President’s rule is imposed in a State, the Parliament becomes empowered to make laws with respect to any matter in the State List with respect to that State.
2. Consider the following statements:
(1) The term ‘Union of India’ includes only States while the term ‘Territory of India’ includes not only the States but also the Union Territories.
(2) The Indian Constitution provides for the admission or establishment of new States that are not part of the Union of India by amending the Constitution under Article 368.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (a) Explanation: Statement 1 is correct: The ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only States while the former includes not only the States but also Union Territories and territories that may be acquired by the Government of India at any future time. The States are the members of the federal system and share distribution of powers with the Center. The Union Territories and the acquired territories, on the other hand, are directly administered by the Central government. Being a sovereign state, India can acquire foreign territories according to the modes recognized by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation (hitherto unoccupied by a recognized ruler), conquest or subjugation. Statement 2 is incorrect: Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new States on such terms and conditions as it thinks fit’. Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new States; and (b) The power to establish new States. Article 2 relates to the admission or establishment of new States that are not part of the Union of India. Article 3, on the other hand, relates to the formation of or changes in the existing States of the Union of India. In other words, Article 3 deals with the internal re-adjustment inter se of the territories of the constituent States of the Union of India.
3. Consider the following statements:
(1) The Council of Ministers is collectively responsible to the Parliament of India.
(2) A person can be a Minister without being a Member of the Parliament.
(3) The oath of secrecy to the ministers is administered by the Prime Minister of India.
Which of the statements given above is/are incorrect?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (c) Explanation:
● Statement 1 is not correct: The Indian Constitution under Article 75(3) states that the Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha) and not the Parliament.
● Statement 2 is correct: The Constitution stipulates that a Minister who is not a Member of the Parliament for a period of six consecutive months, ceases to be a Minister.
● Statement 3 is not correct: The ministers operate on the principle of secrecy of procedure and cannot divulge information about their proceedings, policies and decisions. They take the oath of secrecy before entering their office. However, the oath of secrecy to the ministers is administered by the President of India and not the Prime Minister.