Q. With reference to Centre-State relations on matters enumerated in the Concurrent List, consider the following statements:
1. In case of any dispute in jurisdiction of subjects, Concurrent List takes precedence over both the State List and the Union list.
2. Generally, the state government executes laws on Concurrent subject even if enacted by the Centre.
3. The President can legislate on subjects in concurrent list, only if authorised by both houses of Parliament.
How many of the above given statements are correct?
Exp) Option a is the correct answer
The constitution of India has divided legislative subjects into 3 categories – Union List, State List and Concurrent List (enumerated in Schedule VII). The Concurrent List contains subjects/ matters on which both the Centre and the states can make laws.
Statement 1 is incorrect: In case of any dispute or overlap in jurisdiction of subjects, the Constitution provides that Union List takes precedence over both the others, followed by the Concurrent List which takes precedence over State List.
Statement 2 is correct: The Constitution has provided that the Execution of a law enacted on a subject in the Concurrent list lies with the state government ordinarily. This means even if that particular legislation on Concurrent list subject has been enacted by the Union, it is executed by the state government. Hence this statement is correct.
Statement 3 is incorrect: The President is a part of the Executive. As such the Constitution does not provide for the President/Executive to legislate on any matter, be it in Concurrent list, or Union or State List. The President can only promulgate ordinances, that too when the Parliament is not in session (Thus it is the Council of Ministers, not the parliament, on the directions of which President promulgate ordinances).
| Important Tips Cooperation between the Centre and the states: The following provisions have been included to secure cooperation and coordination between the Centre and the states • Parliament can provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valleys • President can establish an Inter-state council to investigate and discuss subject of common interest between the Centre and the states. • Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state |
