CLAT Sample Paper UG-CLAT Mock Test-2 (2020)

  • question_answer
    A few States such as Andhra Pradesh, Madhya Pradesh, Punjab, West Bengal, Rajasthan and Telangana have decided against the implementation of the new rules under the Motor Vehicles (Amendment) Act, 2019 ("“Amendment Act”") (as effective from 1st September, 2019) within their jurisdiction. Certain other States such as Gujarat, Karnataka and Maharashtra have implemented the provisions after dilution of the same and appear to have at least made a beginning towards ensuring of the safety on the roads. It is also evident that the States mentioned herein above which have completely decided against the implementation of the Amendment Act consists of ruling dispensations which appear to be on the opposite spectrum of the party holding fort at the Central Government. This is not however, the first instance of such a difference in opinion and there have been repeated instances of such chasm which appear to be merely based on partisan lines. Such differences more often than not adversely affects the Centre-State relations which have been impeccably covered under the Constitution and concretized by the Supreme Court. However, these actions on the part of such State dispensations have only helped in limiting the benefits for the citizens of this Country.
    It may be mentioned that the Constitution of India (the Constitution), is fairly clear and unequivocal in providing the recognition to States in as much as their domain of legislative authority is concerned. The Constitution among others includes the Legislative Relations between the Centre and the States. The Legislative Relations are mentioned under Article 245 to Article 255 while the Administrative and the Financial Relations are mentioned under Articles 256 to 253 and Articles 264 to 291 of the Constitution respectively. Further, Article 246 deals with the distribution of the legislative powers between the Parliament and the State Legislature, with reference to the different Lists illustrated under the Seventh Schedule. Pursuant to such distribution, the Parliament has the full and exclusive power to legislate on matters in List I (Union list) while the State Legislature is empowered to formulate legislations for such State or part on matters as enumerated in List II (State List). The Parliament, according to Article 245 of the Constitution, is empowered to make laws for the whole or any part of the territory of India. However, these exclusive powers of the Parliament as well as the State Legislature are subject to the provisions of the Constitution as enumerated therein. It is also manifestly clear that the Constitution envisages a dual polity in relation to the Centre-State relations where they operate within their respective domains. Having said that, the Seventh Schedule also includes a List III which is the Concurrent List. The Concurrent List consists of matters which are neither exclusively of national interest nor of purely State or local concern but are of common interests for the Centre as well as the State. The Parliament and the State Legislature have concurrent powers to legislate on matters in this List.
    While discussing about the significance of List III, the States Re-Organisation Committee, one of the various commissions and committees set up for the Centre-State relation, stated that "“It is the Union of India which is the basis of our nationality... States are but limbs of the Union, and while we recognize that they be healthy and strong... it is the strength and stability of the Union and its capacity to develop and evolve that should be governing consideration of all changes in the country.”" Dr. Shayama Prasad Mookharjee and Dr. B.R. Ambedkar have also put forth arguments in favour of strong Centre in paramount interest of our Country. It may thereby be viewed that the Concurrent List serves as a device to loosen the excessive rigidity of federalist structure.
    What does Article 246 deal with?

    A) Powers of the centre

    B) Powers of the state

    C) State Legislature

    D) Distribution between the powers under 7th Schedule

    Correct Answer: D

    Solution :

    (d) Article 246 deals with the distribution of the legislative powers between the Parliament and the State Legislature, with reference to the different Lists illustrated under the Seventh Schedule.

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