Q. With respect to legislation on a matter enumerated in the State List, consider the following statements:
1. During the operation of National Emergency, only Parliament can make laws on state subjects.
2. Laws made by the Parliament during President’s rule, becomes inoperative when the President’s rule ends.
Which of the statements given above is/are correct?
Exp) Option d is the correct answer
Statement 1 is incorrect: The Parliament acquires the power to legislate with respect to goods and services tax or matters in the State List, while a proclamation of national emergency is in operation. But, the power of a state legislature to make laws on the same matter is not restricted. In case of repugnancy between a state law and a parliamentary law, the latter is to prevail.
statement 2 is incorrect: When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. A law made so by the Parliament continues to be operative even after the president’s rule. This means that the period for which such a law remains in force is not coterminous with the duration of the President’s rule. But, such a law can be repealed or altered or re-enacted by the state legislature.
