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In respect of matters on which both the Parliament and the state legislatures have the power

of legislation (i.e., the subjects enumerated in the Concurrent List), the executive power rests
with the states except when a Constitutional provision or a parliamentary law specifically
confers it on the Centre. Therefore, a law on a concurrent subject, though enacted by the
Parliament, is to be executed by the states except when the Constitution or the Parliament
has directed otherwise.
The distribution of legislative powers between the Centre and the states is rigid.
Consequently, the centre cannot delegate its legislative powers to the states and a single
state cannot request the Parliament to make a law on a state subject. When the legislatures of
two or more states pass resolutions requesting the Parliament to enact laws on a matter in
the State List, then the Parliament can make laws for regulating that matter. A law so
enacted applies only to those states which have passed the resolutions. Bodo, Dongri,
Maithili, and Santhali were added by the 92nd Amendment Act of 2003.
Any elector or candidate can file an election petition if he or she thinks there has been
malpractice during the election. An election petition is not an ordinary civil suit, but treated
as a contest in which the whole constituency is involved. Election petitions are tried by the
High Court of the state involved

 The “co-operative societies” is a subject enumerated in Entry 32 of the State List.


The United Nations General Assembly had declared the year 2012 as the
International Year of Cooperatives. India is an agricultural country and laid the
foundation of World’s biggest cooperative movement in the world.
 It went to the extent of determining the number of directors a society should have
or their length of tenure and even the necessary expertise required to become a
member of the society.
 The Amendment introduced clauses dealing with the working of cooperative
societies working within a state. It was struck down stating that  the subject matter
fell in the state list and “belongs wholly and exclusively to the State legislatures to
legislate upon” and any change would require the ratification by at least one-half of
the state legislatures as per Article 368(2) of the Constitution.
 It is declared that Part IXB of the Constitution of India is operative only in so far as it
concerns multi-State co-operative societies both within the various States and in the
Union territories of India
 The top court had said if the Centre wanted to achieve uniformity (the reason for
Amendment, as quoted by Centre) then the only way available was to take the
recourse under Article 252 of the Constitution which deals with the power of
Parliament to legislate for two or more states by consent.

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