Legislative Relations Practice Questions
20 free Legislative Relations practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
Which Articles of the Indian Constitution deal with the legislative relations between the Centre and the States?
- A Articles 245 to 255
- B Articles 256 to 263
- C Articles 264 to 293
- D Articles 352 to 360
Correct answer: Articles 245 to 255
Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the States. These articles define the territorial limits of legislative powers and the distribution of legislative subjects.
Under the Indian Constitution, the 'Residuary Powers' of legislation are vested in:
- A The State Legislatures
- B The Parliament of India
- C Both Parliament and State Legislatures
- D The President of India
Correct answer: The Parliament of India
Article 248 provides that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This includes the power of levying residuary taxes.
Which of the following describes the territorial jurisdiction of Parliament?
- A Only the entire territory of India
- B The whole or any part of India and extra-territorial laws
- C Only the Union Territories of India
- D The territory of India excluding the Scheduled Areas
Correct answer: The whole or any part of India and extra-territorial laws
Parliament can make laws for the whole or any part of the territory of India. Additionally, Parliament alone has the power to make 'extra-territorial' laws that apply to Indian citizens and their property in any part of the world.
The 'Union List' currently contains how many subjects?
- A 61 subjects
- B 52 subjects
- C 100 subjects
- D 66 subjects
Correct answer: 100 subjects
Originally, the Union List had 97 subjects, but it currently contains 100 subjects. Matters of national importance like defense, banking, and foreign affairs fall under this exclusive jurisdiction of Parliament.
In case of a conflict between a Central law and a State law on a subject in the Concurrent List, which law prevails?
- A The State law always prevails over Central law
- B The Central law always prevails without exception
- C Central law prevails, unless the State law received Presidential assent
- D The Supreme Court decides such conflicts on a case-by-case basis
Correct answer: Central law prevails, unless the State law received Presidential assent
Generally, the Central law prevails over the State law in the Concurrent List (Doctrine of Repugnancy). However, if a State law was reserved for and received the assent of the President, the State law prevails in that specific State.
Under which Article can the Parliament legislate on a subject in the State List in the national interest if the Rajya Sabha passes a resolution?
- A Article 249
- B Article 250
- C Article 252
- D Article 253
Correct answer: Article 249
Article 249 empowers the Rajya Sabha to pass a resolution supported by two-thirds of the members present and voting, authorizing Parliament to make laws on a State subject for a period of one year.
Which Article allows Parliament to legislate on State subjects during a Proclamation of National Emergency?
- A Article 248
- B Article 249
- C Article 250
- D Article 252
Correct answer: Article 250
Article 250 provides that while a Proclamation of Emergency is in operation, Parliament has the power to make laws for the whole or any part of India with respect to any matter in the State List.
If two or more States pass resolutions requesting Parliament to enact laws on a State subject, Parliament can do so under:
- A Article 251
- B Article 252
- C Article 253
- D Article 254
Correct answer: Article 252
Article 252 provides for legislation by Parliament for two or more States by consent. Once such a law is passed, any other State may adopt it by passing a resolution in its own legislature.
Which Article empowers Parliament to make laws for implementing international treaties and agreements?
- A Article 250
- B Article 252
- C Article 253
- D Article 255
Correct answer: Article 253
Article 253 enables the Parliament to make laws for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or international body, even if the subject falls in the State List.
The 'Doctrine of Pith and Substance' is primarily used by courts to:
- A Determine a law's validity when one legislature encroaches on another
- B Decide the salaries and allowances payable to State legislators
- C Interpret the Preamble and objectives of the Indian Constitution
- D Determine the validity and scope of a Money Bill in Parliament
Correct answer: Determine a law's validity when one legislature encroaches on another
This doctrine is used to determine whether a law relates to a specific subject in a list. If the 'pith and substance' (true nature) of the law falls within the legislature's competence, it is valid even if it incidentally encroaches on another list.
Which Constitutional Amendment transferred five subjects from the State List to the Concurrent List?
- A 24th Amendment Act
- B 42nd Amendment Act
- C 44th Amendment Act
- D 52nd Amendment Act
Correct answer: 42nd Amendment Act
The 42nd Amendment Act of 1976 transferred education, forests, weights and measures, protection of wild animals and birds, and administration of justice from the State List to the Concurrent List.
According to the Seventh Schedule, 'Education' currently falls under which list?
- A Union List
- B State List
- C Concurrent List
- D Residuary Powers
Correct answer: Concurrent List
Education was moved from the State List to the Concurrent List by the 42nd Amendment in 1976. This allows both the Centre and the States to legislate on the subject, with Central law prevailing in case of conflict.
The power of the President to reserve certain types of State bills for his consideration is an example of:
- A Centre's control over State legislation
- B Judicial supremacy over all legislative bodies
- C Proclamation of Financial Emergency
- D Administrative convenience of the Union government
Correct answer: Centre's control over State legislation
Under Article 200, the Governor can reserve a bill for the President's consideration. Under Article 201, the President can then either give assent, withhold assent, or direct the Governor to return the bill for reconsideration.
Which of the following subjects is part of the State List?
- A Banking
- B State Police
- C Atomic Energy
- D Trade Unions
Correct answer: State Police
Public order and State Police are primary subjects in the State List (List II). Banking and Atomic Energy are in the Union List, while Trade Unions fall under the Concurrent List.
The Parliament can give directions to a State to ensure that the executive power of the State does not impede the executive power of the Union. This is governed by:
- A Article 245
- B Article 256
- C Article 262
- D Article 356
Correct answer: Article 256
Article 256 states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament. The Union can give directions to a State as may appear necessary for that purpose.
The 'Sarkaria Commission' was set up to review the relations between:
- A The Prime Minister and the President
- B The Legislative and the Judiciary
- C The Centre and the States of India
- D The Lok Sabha and the Rajya Sabha
Correct answer: The Centre and the States of India
The Sarkaria Commission was appointed in 1983 to examine and review the working of the existing arrangements between the Union and the States in all spheres and recommend appropriate changes.
When Parliament legislates on a State subject under Article 252, such a law can be amended or repealed only by:
- A The State Legislature concerned
- B The Parliament of India
- C The President of India
- D The Supreme Court
Correct answer: The Parliament of India
A law passed by Parliament under Article 252 (by consent of states) can be amended or repealed only by the Parliament and not by the legislature of the state to which the law applies.
Which of the following is an example of 'Colorable Legislation'?
- A A law that is clearly within the constitutional powers of the legislature
- B A law that purports to be within power but truly exceeds it
- C A law passed during a Financial Emergency by Parliament
- D A law that has been struck down by the Supreme Court
Correct answer: A law that purports to be within power but truly exceeds it
The Doctrine of Colorable Legislation means that if a legislature lacks the power to legislate on a topic directly, it cannot do so indirectly. It is based on the maxim: 'What cannot be done directly, cannot be done indirectly'.
In the 'Concurrent List', both Centre and States have power. If the Centre hasn't made a law on a subject, can a State law be challenged for lack of competence?
- A Yes, only Parliament may initiate legislation on Concurrent subjects
- B No, States can freely legislate when the Concurrent field is unoccupied
- C Yes, provided the State Governor gives prior approval
- D No, but such a State law is valid for only 6 months
Correct answer: No, States can freely legislate when the Concurrent field is unoccupied
In the Concurrent List, the States have the power to legislate as long as the law does not conflict with an existing Central law. If the field is 'unoccupied' by Central legislation, the State law is fully competent.
The power to legislate on 'Inter-state rivers' falls under which list?
- A Union List of India
- B State List
- C Concurrent List
- D It is a Residuary Power
Correct answer: Union List of India
Regulation and development of inter-state rivers and river valleys is Entry 56 of the Union List. However, 'Water' (water supplies, irrigation, canals) is generally a State subject under Entry 17 of the State List.