Daily Prelims Test (Day-11)

Answer: B

Explanation:

Statement 1 is correct: Under Article 246 of the Indian Constitution, the Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List (List I).

Statement 2 is correct: The Constitution provides five exceptional circumstances where Parliament can legislate on items in the State List (List II), such as when the Rajya Sabha passes a resolution (Art. 249), during a National Emergency (Art. 250), or when two or more states request it (Art. 252).

Statement 3 is incorrect: A State Legislature cannot legislate on matters in the Union List under any circumstances. While the Union can delegate executive functions to a state (with consent), the legislative power over List I remains strictly with Parliament to maintain national uniformity.

Answer: A

Explanation:

Statement 1 is correct: Under Article 249 of the Indian Constitution, if the Rajya Sabha (Council of States) declares by resolution that it is necessary or expedient in the national interest that Parliament should make laws regarding a matter in the State List, Parliament becomes empowered to legislate on that subject.

Statement 2 is incorrect: For such a resolution to be valid, it must be passed by a special majority, specifically a majority of not less than two-thirds of the members present and voting. A simple majority is insufficient for this particular constitutional provision.

Answer: A

Explanation:

Statement 1 is correct: Under Article 246, both the Parliament and the State Legislatures have the power to make laws with respect to any of the matters enumerated in the Concurrent List (List III).

Statement 2 is incorrect: According to Article 254, if there is a conflict or inconsistency between a Central law and a State law on a Concurrent subject, the Central law prevails and the State law becomes void to the extent of the repugnancy.

The Important Exception: There is one specific scenario where a State law can prevail over a Central law on a Concurrent subject: if the State law was reserved for the President’s consideration and received the President’s assent, it will prevail in that particular state. However, Parliament can still override this later by enacting a fresh law on the same matter.

Answer: C

Explanation:

Statement 1 is correct: Under Article 248 of the Indian Constitution, the Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. These are known as “residuary powers,” and they ensure that unforeseen or emerging subjects such as cyber law or space exploration can be governed uniformly across the country.

Statement 2 is correct: Clause (2) of Article 248 explicitly states that the Parliament’s residuary power “shall include the power of making any law imposing a tax not mentioned in either of those Lists”.

Answer: B

Explanation:

Statement 1 is correct: Under Article 200 of the Constitution, when a bill passed by a State Legislature is presented to the Governor, they have the discretionary power to reserve the bill for the consideration of the President. This is mandatory if the bill endangers the position of the State High Court.

Statement 2 is correct: Under Article 201, if the bill is not a Money Bill, the President may direct the Governor to return it to the State Legislature for reconsideration. The Legislature must then reconsider the bill within six months.

Statement 3 is incorrect: The Constitution of India does not prescribe a time limit within which the President must decide on a reserved bill. While a two-judge bench of the Supreme Court briefly attempted to set a three-month deadline in April 2025 (in State of Tamil Nadu v. Governor of Tamil Nadu), a five-judge Constitution Bench clarified in November 2025 that the judiciary cannot impose binding timelines on the President as it would be contrary to the “elasticity” intended by the Constitution’s framers.

Answer: C

Explanation:

Sarkaria Commission (Centre-State relations): Established in 1983 and headed by Justice R.S. Sarkaria, this commission was specifically tasked with examining the relationship and balance of power between the Union and the States. It made over 247 recommendations, including the establishment of the Inter-State Council.

Punchhi Commission (Review of federal relations): Formed in 2007 under the chairmanship of Madan Mohan Punchhi, this was the second commission on Centre-State relations. It was mandated to review the working of the existing arrangements between the Union and States, effectively revisiting and updating federal relations in light of changes since the Sarkaria report.

Finance Commission (Distribution of tax revenues): Under Article 280 of the Constitution, the primary role of the Finance Commission of India is to recommend the distribution of the net proceeds of taxes between the Centre and the States (vertical devolution) and among the states themselves (horizontal devolution).

Answer: A

Explanation:

Statement 1 is correct: Under Article 263 of the Indian Constitution, the President is empowered to establish an Inter-State Council if at any time it appears that the “public interests would be served” by its creation.

Statement 2 is incorrect: The establishment of the Council is not mandatory. The language of Article 263 uses the phrase “if at any time it appears to the President,” making its creation discretionary rather than a constitutional requirement. While the Sarkaria Commission (1988) recommended it be a permanent body, it was only first formally set up in 1990 by a Presidential Order.

Statement 3 is correct: One of the core constitutional duties of the Council is making recommendations for the better coordination of policy and action between the Union and the States, or among the States themselves.

Answer: D

Explanation:

Statement 1 is correct: Under Article 262(1) of the Constitution, the Parliament is empowered to provide by law for the adjudication of any dispute or complaint with respect to the use, distribution, and control of waters of any inter-state river or river valley.

Statement 2 is correct: Under Article 262(2), Parliament may also provide that neither the Supreme Court nor any other court shall exercise jurisdiction over such disputes. This is a rare constitutional provision that allows the exclusion of the Supreme Court’s original jurisdiction (under Article 131) in specific matters.

Statement 3 is correct: In exercise of the powers under Article 262, Parliament enacted the Inter-State River Water Disputes (ISRWD) Act, 1956. This Act provides the legal framework for the Central Government to establish ad-hoc tribunals (such as the Cauvery or Krishna Water Disputes Tribunals) to adjudicate water disputes between states when negotiations fail.

Answer: D

Explanation:

Statement 1 is correct: Under Article 250 of the Constitution of India, when a National Emergency is in operation, the Parliament is empowered to legislate on subjects in the State List, which normally fall within the exclusive legislative domain of the State Legislatures. This provision temporarily alters the federal balance in favor of the Union so that national interests can be effectively addressed during extraordinary situations. However, such laws do not remain permanent; they cease to operate six months after the emergency ends, unless they are re-enacted under normal constitutional provisions.

Statement 2 is correct: According to Article 83(2), the term of the Lok Sabha, which is normally five years, may be extended by Parliament during a National Emergency. The extension can be granted for one year at a time, provided the emergency continues. However, the Constitution places a safeguard: the Lok Sabha cannot remain extended beyond six months after the National Emergency has ceased to operate. This provision ensures continuity of governance during crisis situations when conducting general elections may not be feasible.

Statement 3 is correct: Under Article 358, when a National Emergency is declared on the grounds of war or external aggression, the six freedoms guaranteed under Article 19 are automatically suspended for the duration of the emergency. During this period, the State can make laws or take executive actions that may otherwise violate Article 19 freedoms. However, after the 44th Constitutional Amendment Act (1978), this automatic suspension does not apply when the emergency is declared on the ground of armed rebellion. Since the question uses the phrase “may remain suspended”, the statement is considered correct in the context of emergencies declared due to war or external aggression.

Answer: A

Explanation:

Statement 1 is correct: Under Article 356, the President can proclaim President’s Rule if he is satisfied (based on a report from the Governor or otherwise) that a situation has arisen where the government of a State cannot be carried on in accordance with the provisions of the Constitution.

Statement 2 is incorrect: A proclamation of President’s Rule must be approved by both Houses of Parliament within two months from the date of its issue, not one month. The one-month deadline applies to a National Emergency (Article 352).

Statement 3 is incorrect: President’s Rule cannot continue indefinitely. It has a maximum limit of three years. Furthermore, beyond one year, it can only be extended in six-month increments if a National Emergency is in operation or the Election Commission certifies that elections cannot be held.