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    Question

    Which of the following accurately describes the legal

    position if Parliament enacts a law transferring an entry from State List to Union List without state ratification?
    A Such a transfer is valid without any ratification. Correct Answer Incorrect Answer
    B For changes affecting federal balance of powers, Article 368 procedure, including state ratification where required by Article 368(2), must be complied with; otherwise courts may strike down the amendment. Correct Answer Incorrect Answer
    C Transfers of entries are administrative acts not legislative. Correct Answer Incorrect Answer
    D President can unilaterally change lists. Correct Answer Incorrect Answer
    E Such a transfer automatically goes to Ninth Schedule. Correct Answer Incorrect Answer

    Solution

    Any alteration of the federal balance, particularly changes affecting the distribution of legislative powers under the Seventh Schedule, requires adherence to the amendment procedure under Article 368. Federalism has been recognized as a basic structure feature in Kesavananda Bharati and S.R. Bommai. Parliament cannot indirectly amend the Constitution by ordinary legislation to shift legislative competence. Courts examine the substance of legislative action to prevent constitutional circumvention. This safeguard ensures that States remain equal partners in the constitutional framework and that unilateral central alteration of federal arrangements is constitutionally impermissible.

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