20. Who may legislate on residuary matters not mentioned in the Union, State or Concurrent Lists?
[WBCS Mains 2022, Polity]
(A) State legislatures exclusively
(B) Parliament alone
(C) Parliament only after consulting every State
(D) Parliament or States as decided by the Supreme Court
Answer: (B) Parliament alone
Explanation: Article 248 and Entry 97 of the Union List vest residuary legislative powers in Parliament. Subjects not enumerated in any of the three lists therefore fall within its competence. Unlike some other federations, India allocates these unlisted matters to the Centre.
19. Which subject belongs to the Concurrent List of the Seventh Schedule?
[WBCS Mains 2022, Polity]
(A) Public health and sanitation
(B) Forests
(C) Stock exchanges
(D) Agriculture
Answer: (B) Forests
Explanation: Forests were transferred from the State List to the Concurrent List by the 42nd Constitutional Amendment Act, 1976. Parliament and State legislatures can both legislate on forest matters. Agriculture and public health remain State subjects, while stock exchanges are in the Union List.
18. On whose recommendation was the Inter-State Council set up in India?
[UPPSC Combined State Examination 2021, General Studies Paper I, 24 October 2021]
(A) Punchhi Commission
(B) Rajamannar Committee
(C) Kothari Committee
(D) Sarkaria Commission
Answer: (D) Sarkaria Commission
Explanation: The Sarkaria Commission recommended a permanent consultative institution to improve cooperation among States and the Union. Acting on that recommendation, the President established the Inter-State Council through an order dated 28 May 1990 under Article 263 of the Constitution.
17. What is an exception to the general rule that Parliament does not legislate on State List matters?
[RRB NTPC CBT-I, 24 July 2021, Shift 1]
(A) The Prime Minister asks Parliament to do so
(B) The judiciary orders Parliament to do so
(C) The State Governor certifies the requirement
(D) The Rajya Sabha passes the relevant resolution
Answer: (D) The Rajya Sabha passes the relevant resolution
Explanation: Under Article 249, Rajya Sabha can authorise Parliament to legislate on State subjects in the national interest by a resolution supported by two-thirds of members present and voting. Parliament also has distinct powers under other special constitutional circumstances.
16. Assess these statements:
(i) The Union lacks exclusive power to tax residuary subjects.
(ii) The Constitution allows certain Union tax revenues to be shared with States.
Which is correct?
[WBCS Mains 2021, Polity]
(A) (i) only
(B) (ii) only
(C) Both (i) and (ii)
(D) Neither (i) nor (ii)
Answer: (B) (ii) only
Explanation: The first statement is false because Parliament possesses residuary legislative power, including residual taxation, under Article 248. The second is true: the constitutional financial scheme distributes specified Union tax proceeds among the Union and States, subject to prescribed exceptions.
15. Which Article gives the Supreme Court original jurisdiction over certain disputes between the Union and States or between States?
[WBCS Mains 2020, Polity]
(A) Article 131
(B) Article 132
(C) Article 133
(D) Article 134
Answer: (A) Article 131
Explanation: Article 131 permits qualifying legal disputes between the Union and one or more States, or between States, to begin directly in the Supreme Court. This adjudicatory role helps enforce constitutional boundaries in the Indian federal system.
14. Who may establish an Inter-State Council under the Indian Constitution?
[CGPSC Civil Services Preliminary Examination 2019, Paper I]
(A) Parliament
(B) President
(C) National Development Council
(D) Zonal Council
Answer: (B) President
Explanation: Article 263 empowers the President to establish a council when public interest warrants investigation of common matters, coordination or advice on inter-State disputes. The Inter-State Council was formed by presidential order in 1990, following the Sarkaria Commission’s recommendation.
13. Who recommended that Governors should be eminent outsiders without recent intense political links?
[UPSC Civil Services Preliminary Examination 2019, General Studies Paper I]
(A) First Administrative Reforms Commission (1966)
(B) Rajamannar Committee (1969)
(C) Sarkaria Commission (1983)
(D) National Commission to Review the Working of the Constitution
Answer: (C) Sarkaria Commission (1983)
Explanation: The Sarkaria Commission recommended appointing Governors who are distinguished persons from outside the State and detached from active party politics. Its purpose was to reduce partisan controversy surrounding governors and strengthen confidence between Union and State governments.
12. Which Article addresses repugnancy between a Central law and a State law?
[WBCS Mains 2019, Polity]
(A) Article 156
(B) Article 254
(C) Article 300
(D) Entry 42 of List III
Answer: (B) Article 254
Explanation: Article 254 deals with inconsistency between parliamentary and State laws on Concurrent List subjects. Generally, the parliamentary law prevails. A State law receiving presidential assent may operate locally despite inconsistency, subject to Parliament’s power to override it subsequently.
11. When Article 356 is invoked for a State, which consequence follows?
[UPSC Civil Services Preliminary Examination 2018, General Studies Paper I]
(A) The State Assembly is automatically dissolved
(B) The State Legislature’s powers become exercisable by or under Parliament’s authority
(C) Article 19 automatically stands suspended
(D) Only the President may enact laws for the State
Answer: (B) The State Legislature’s powers become exercisable by or under Parliament’s authority
Explanation: Under President’s Rule, legislative powers of the State may be exercised by or under Parliament’s authority. The Assembly need not be dissolved immediately; it may remain suspended. Article 19 does not automatically cease to operate merely because Article 356 is invoked.
