Q. Two or more states can pass resolutions requesting the Parliament to enact laws on a matter in the State List. With reference to such a law made by the Parliament, which of the statements given below is incorrect?

[A] A law so enacted applies only to those states which have passed the resolutions.

[B] The bill to give effect to such a law can be initiated only in the Rajya Sabha.

[C] It restricts the power of the state legislature to make laws on the same matter.

[D] Wild Life (Protection) Act of 1972 was passed under this provision.

Answer: B
Notes:

Exp) Option b is the correct answer.

Statement a is correct. Two or more states can pass resolutions requesting the Parliament to enact laws on a matter in the State List. A law so enacted applies only to those states which have passed the resolutions. However, any other state may adopt it afterwards by passing a resolution to that effect in its legislature.

Statement b is incorrect. The bill to give effect to such a law can be initiated in any house of the parliament. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.

Statement c is correct. The effect of passing a resolution under the above provision is that the Parliament becomes entitled to legislate with respect to a matter for which it has no power to make a law. On the other hand, the state legislature ceases to have the power to make a law with respect to that matter.

Statement d is correct. Wild Life (Protection) Act of 1972 was passed under this provision. Other important acts passed under this provision are – Prize Competition Act, 1955, Water (Prevention and Control of Pollution) Act, 1974, Urban Land (Ceiling and Regulation) Act, 1976, Transplantation of Human Organs Act, 1994.

Blog
Academy
Community