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Q: Parliament does not have the power to make laws on the subjects included in list II of schedule VII of the constitution of India. Which of the following options is an exceptions to this general rule?
  • A. If the Prime Minister asks the parliament to do so
  • B. If the Rajya Sabha passes a resolution to this effect.
  • C. If the Governor of the state certifies its necessity
  • D. If the judiciary asks Parliament to do so
Correct Answer: Option B - The Seventh Schedule of the Indian constitution specifies the distribution of powers and responsibilities between the states and the centre. It is a part of 12 Schedules of Indian Constitution. The Parliament does not have the power to legislate on the subjects in List-II of the Seventh Schedules, but Article 249 gives parliament the power to legislate concerning a subject enumerated in the State List in the national interest. Parliament can legislate on subjects that are enumerated under the State List on three conditions: 1. When Rajya Sabha passes resolution by 2/3 majority of its members present and voting (Article 249) 2. During a national emergency (Article 250) 3. When two or more states pass a resolution requesting Parliament to legislate on subjects under State List.
B. The Seventh Schedule of the Indian constitution specifies the distribution of powers and responsibilities between the states and the centre. It is a part of 12 Schedules of Indian Constitution. The Parliament does not have the power to legislate on the subjects in List-II of the Seventh Schedules, but Article 249 gives parliament the power to legislate concerning a subject enumerated in the State List in the national interest. Parliament can legislate on subjects that are enumerated under the State List on three conditions: 1. When Rajya Sabha passes resolution by 2/3 majority of its members present and voting (Article 249) 2. During a national emergency (Article 250) 3. When two or more states pass a resolution requesting Parliament to legislate on subjects under State List.

Explanations:

The Seventh Schedule of the Indian constitution specifies the distribution of powers and responsibilities between the states and the centre. It is a part of 12 Schedules of Indian Constitution. The Parliament does not have the power to legislate on the subjects in List-II of the Seventh Schedules, but Article 249 gives parliament the power to legislate concerning a subject enumerated in the State List in the national interest. Parliament can legislate on subjects that are enumerated under the State List on three conditions: 1. When Rajya Sabha passes resolution by 2/3 majority of its members present and voting (Article 249) 2. During a national emergency (Article 250) 3. When two or more states pass a resolution requesting Parliament to legislate on subjects under State List.