Question

Mark the best option:
Principles:

1. The Constitution of India has divided the power to make laws between the Central and State Legislatures by mentioning the subjects for legislation under the Union (under Central Government), State (under State Government) and Concurrent List(under both Central and State Governments) under the Seventh Schedule.
2. When the Central or State Legislatures exceed the subjects in their respective lists, the law so made is considered ultra vires the Constitution and has no effect.
3. A subsequent retrospective amendment of the Constitution widening the scope of legislation of the said legislature cannot validate such ultra vires legislation.
4. A fresh law enacted by the said Legislature post such an amendment of the Constitution is considered valid.
5. A Legislature in exercise of its valid legislative power may extend to its territory a law made by another Legislature.

Facts: In light of the growing economic development in the state of Gujarat, the state legislature passed a law on 26th December 2012 setting up Gujarat State Railways Corporation to ply goods trains between commercial areas within Gujarat. The law faced criticism since railways formed an entry under the Union List in the Seventh Schedule of the Constitution. The Gujarat legislature stood by the legislation owing to the 118th Constitutional Amendment of 28th December 2012 shifting only commercial railways to the Concurrent List.

Post the Constitutional Amendment, laws in relation to passenger railways can be made by:

पर्याय

• State Legislatures

• Union Legislature

• Both State and Union Legislatures

• None of the above

Answer 1

Union Legislature
because the entry specifically falls in the Union List and Parliament alone is empowered to enact any law or amend it.