Which one of the following pairs is not matched?
- AOption (a)
Administration of Scheduled and Tribal areas - Article 244
- BOption (b)
Consolidated Fund of India - Article 266
- COption (c)
Powers of Parliament to legislate on State subject - Article 248
- DOption (d)
Freedom of trade and commerce - Article 301
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Correct answer
Powers of Parliament to legislate on State subject - Article 248
Why this answer is correct
The correct answer is Powers of Parliament to legislate on State subject - Article 248.
Key Points
- Administration of Scheduled and Tribal Areas - Article 244: Article 244 of the Constitution of India deals with the administration of Scheduled Areas and Tribal Areas. It includes provisions for the governance of these areas under the Fifth Schedule (for Scheduled Areas) and the Sixth Schedule (for Tribal Areas in northeastern states). Hence, this statement is correct.
- Consolidated Fund of India - Article 266: Article 266 governs the Consolidated Fund of India, which includes all revenues received by the Government of India, all loans raised, and all money received in repayment of loans. This fund is used for the expenditure of the government. Hence, this statement is correct.
- Powers of Parliament to legislate on State subject - Article 248: Article 248 does not deal with the powers of Parliament to legislate on state subjects. Instead, it deals with residuary powers of legislation, granting Parliament the exclusive authority to make laws on matters not enumerated in the State List or the Concurrent List. The correct article for Parliament's power to legislate on State subjects is Article 249. Hence, this statement is incorrect.
- Freedom of trade and commerce - Article 301: Article 301 ensures freedom of trade, commerce, and intercourse throughout the territory of India. It guarantees that trade and commerce can be conducted freely across state boundaries without restrictions. Hence, this statement is correct.
Additional Information
- Article 244:
- Fifth Schedule: Pertains to the administration and control of Scheduled Areas and Scheduled Tribes. It provides for the establishment of Tribes Advisory Councils and laws to regulate the transfer of tribal land.
- Sixth Schedule: Deals with the administration of Tribal Areas in northeastern states like Assam, Meghalaya, Tripura, and Mizoram, allowing for Autonomous District and Regional Councils with legislative, executive, and judicial powers.
- Article 266:
- The Consolidated Fund of India represents the primary account of the central government, containing all revenues and loans.
- Withdrawals from this fund require parliamentary approval through appropriation bills.
- Article 248:
- Residuary powers: Grants Parliament the authority to legislate on matters not enumerated in the State or Concurrent List.
- Parliament can also impose taxes on residuary subjects under this article.
- Article 301:
- Ensures the free flow of trade and commerce across India.
- Exceptions to this freedom are provided under Articles 302 to 307, which allow Parliament or state legislatures to impose restrictions under specific circumstances.
Important Points
- Residuary Powers in India:
- India follows a federal structure where powers are divided into Union List, State List, and Concurrent List.
- Residuary powers (Article 248) are those legislative powers not covered in these lists, exclusively vested in Parliament.
- Examples of residuary subjects include taxation on internet services or any new technology not envisaged during the drafting of the Constitution.
- Freedom of Trade under Article 301:
- Article 301 protects the fundamental right of trade and commerce across state boundaries.
- However, restrictions can be imposed under Article 302 if deemed necessary in the public interest.