Daily Quiz: UPSC Prelims Marathon – March 20, 2019

There are 5 provisions under which Parliament can legislate on a subject included in state list:

1. Article 249  if the Council of States has declared by resolution supported by not less than two thirds 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 in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
2. Article 250 Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.
3. Article 252 If legislatures of two or more states pass a resolution, it shall be lawful for the parliament to legislate on that subject enumerated in state list for the states that passed the resolution.
4. Article 253  Parliament has power to make any law for the whole or any part of the territory 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
5. Article 356 (b) the President may by Proclamation declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

Article 324 Superintendence, direction and control of elections to be vested in an Election Commission.The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission.

The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.

According to art 253 which is concerned with legislation for giving effect to international agreement, parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at international conference, association or other body.

Under Art.280, the Finance Commission is to advise on revenue sharing between Union and State Other functions listed here are done by Finance Ministry.

Statement a) Report of the Commission

The Commission presents an annual report to the President. It can also submit a report as and when it thinks necessary. The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.

Statement b) Powers of the Commission

The Commission is vested with the power to regulate its own procedure. The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters:

a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

b) requiring the discovery and production of any document;

c) receiving evidence on affidavits;

d) requisitioning any public record from any court or office

e) issuing summons for the examination of witnesses and documents; and

f) Any other matter which the President may determine.

The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned. JSPSC is a statutory and not a constitutional body.

National Commission for SCs: Ministry of Social Justice & Empowerment

National Commission for STs: Ministry of Tribal Affairs