The Concurrent List includes 52 subjects and both the union and the states can make laws on this list but in case of conflict between the Central Law and the State Law, the Central Law will prevail over the State law .
Can state legislature make laws on union list?
Thus Article 246 provides that the Parliament has exclusive power to make laws with respect to Union List; the State legislature for the State List; and, the Parliament and State legislature, both, for the Concurrent List.
Which doctrine holds that the union and the state Legislature should not encroach upon each other spheres?
The doctrine of pith and substance has provided the Indian constitutional scheme with much-needed flexibility because in the absence of this doctrine every other law would have been declared invalid because it incidentally encroaches upon the sphere of another legislature.
What happens when a state legislature does not have a rule on a particular matter?
The governor makes a customary address to members of the house at the commencement of the first session of the year. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter .
What is the difference between union legislature and state legislature?
The Parliament is a bicameral legislature comprising of two Houses and the Indian President: Lok Sabha: The House of the People (Lower House). ... At the state level, the legislature is composed of the Legislative Assembly, the Legislative Council (only in 6 states currently), and the Governor of the State.
What are the legislative relations between union and state?
1. The Constitution divides legislative authority between the Union and the States in three lists- the Union List, the State List and the Concurrent List . The Union list consists of 99 items. The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list.
Can Parliament make any law?
It makes Parliament the supreme legal authority in the UK, which can create or end any law . ... Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.
What laws does Legislature make?
Statute law or Statutory law is a law that is created by the legislation, for e.g. the State Legislature. A statute is a formal act of the legislature in written form.
Can State legislature make laws on fundamental rights?
Article 35: Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures .
How does the Union Parliament get its power to legislate on state subjects?
In the national interest
According to Article 249; if the Rajya Sabha passes a resolution relating to a matter of national interest with a two-third majority . Such resolution empowers the Parliament to legislate with respect to any matter in the State List, then it shall be lawful for the Parliament to legislate.
When can Parliament legislate on a matter in the State List?
When States Make a Request: When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions.
Which of the following are regarded as the main features of the rule of law?
The basic features of Rule of Law as per Dicey: Law does not recognize any special rights for any individual or group of individuals . Law does not recognize any distinction between one individual and the other on the basis of religion, race, sex, etc. Hence statement 2 is correct.
How are the legislative power divided between Union and states in India?
Legislative powers are divided between the Union and state governments by the Constitution of India. ... Only state legislatures can pass laws on these subjects. The Concurrent List which contains items like Criminal Law, Forests, Population control in which both Parliament and state legislatures can pass laws.
Which one of the following suggested that the governor should be?
Detailed Solution. The correct answer is the Sarkaria Commission(1983) . Sarkaria commission gave its recommendations for the selection of Governors.
Are fundamental duties correlative to legal duties?
The legal duty is one that is required to be carried out according to the law. So, there is no correlation between legal and fundamental duties .
What is the purpose of the legislature?
A legislature is an assembly with the authority to make laws for a political entity such as a country or city . They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as primary legislation.
What is Parliament and legislature?
The Parliament of India (IAST: Bhāratīya Sansad) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the President of India and the two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) .
How are the law making powers divided between the Centre and the states by the Constitution?
The Constitution divides legislative authority between the Union and the States in three lists- the Union List, the State List and the Concurrent List . ... In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the law of the Parliament prevails.
What are the functions of the Union legislature?
The function of the legislative is to form policies and laws that will govern the nation . The Union Parliament is chiefly concerned with this function. To ensure that these functions are duly followed, Constitution of India provides for two houses, Lok Sabha or the Lower House and Rajya Sabha or the Upper House.
What happens when there is a conflict between a central law and State law Upsc?
The Article provides that in case of a conflict between a central and a state law on the same subject, the provisions of the central law will prevail over the conflicting provisions of the same law.
What is the power of Parliament to legislate if an emergency is proclaimed in a State?
During the Financial Emergency, Parliament has the power to reduce the salaries and allowances of the people working under the Union or the State Government. Financial and Money Bills passed by the State Legislature of the State will be sent to the President of India for his consideration.
How does legislation become law?
After both the House and Senate have approved a bill in identical form, the bill is sent to the President . If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law.
Who makes laws for the state?
(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution, referred to as the “State List”).
How does a law become a law?
If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been approved by the President , or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.
How does the state government make laws?
Under a bicameral system, bills (or proposed laws) pass through several stages in both of the Houses of Parliament , before being sent to the Governor for assent. ... Bills can be introduced into either House of Parliament, with the exception of money bills (see below) which must originate in the Legislative Assembly.
What are the legislative powers of the Union Parliament?
Three Legislative Powers of the Union Parliament are: (i) It has exclusive powers to make laws with respect to matters mentioned in the Union List and also in the Concurrent List. (ii) The Parliament can Legislate on subjects included in the State List during emergency.
What happens if a state government refuses to follow a law passed by the national government?
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).
Can a state pass a law that violates the Constitution?
State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause. ...
In which case the Parliament has no power to legislate on the State List?
The Parliament does not have the power to legislate on the subjects in List II of the Seventh Schedule . However, there are certain exceptions to this general law.
What is the difference between legislative and legislature?
A governmental body with the power to make, amend and repeal laws . The act of legislating; preparation and enactment of laws; the laws enacted. A legislature is an assembly with the authority to make laws for a political entity such as a country or city. ...
What happens to states laws inconsistent with central laws?
The doctrine of repugnancy, in accordance to Article 254, states that if any part of State law is repugnant or conflicting to any part of a Central law which the Parliament is competent to enact, or to any part of a law of the matter of List III, then the Central law made by the Parliament shall prevail and the law ...
What do you understand of legislative distribution of powers between Union and States?
There is in a federation, a division of functions between the centre and the states. With respect to subject matter. With respect to subject matter, The Constitution adopts a three-fold distribution of legislative powers by placing them in any of the three lists, namely, Union List, State List and Concurrent List .
In which of the following case the Parliament has no power to legislate on the State List?
In which of the following case the Parliament has no power to legislate on the state list? (c) B.S.E.S. Ltd.
How are legislative powers distributed between the Union government and the state government by the Constitution explain with an example?
In order to divide the legislative powers between the Union and the states, the Indian Constitution has three lists with specific subjects. The Union List has 97 subjects on which only the Centre can make laws . The State List has 66 topics on which the states have a jurisdiction.
How does the Indian Constitution provide for the distribution of legislative powers in the country?
The Indian Constitution, based on the principle of federalism, has a scheme of two fold distribution of legislative powers- with respect to territory; and with respect to subject matter . ... In terms of Article 246, The VIIth Schedule of the constitution contains 3 lists, The Union List, State List and Concurrent list.
It includes the power to be considered by both the union and state government. The legislative section is divided into three lists : Union List, State List and Concurrent List.
Can state legislature make laws on fundamental rights?
Article 35: Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures .
When can the Parliament not legislate on subjects included in the State List when the state is ruled by a coalition?
a Proclamation of Emergency is in force . 2. two or more states make a request to the Parliament to make a law on a subject.
When can Parliament make laws on State List subjects Upsc?
Under Article 249, if the Rajya Sabha passes a resolution supported by 2/3rd of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated within the State List, then the Parliament becomes competent to make laws on ...
Which one of the following reflects the most appropriate relationship between law and liberty?
The correct answer is If there are no laws , there is no liberty. Absence of all restraints on an individual is defined as liberty.
What is rule of law in India UPSC?
Rule of Law – Meaning & Scope
Rule of law according to Dicey means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. It means the exclusion of the existence of arbitrariness on part of the government.
