Which of the following State Bill/Bills will have to be mandatorily reserved for the President's consideration?

I. A Bill that proposes to give effect to certain Directive Principles of State Policy.

II. A Bill requiring prior Presidential sanction but which was however not obtained under Article 304.

III. A Bill that attracts the provisions of Article 288.

IV. A Bill seeking to operate a provision that belongs to one of the Concurrent List entries, but which is however repugnant to any Union law.

Select the correct answer using the codes
given below:

Key Points

• Article 288 of the Indian Constitution pertains to "Exemption from taxation by States in respect of water or electricity in certain cases."
• A Bill that attracts the provisions of Article 288 must be reserved for the President's consideration as it involves matters of taxation that require the President's assent.
• Article 304 deals with restrictions on trade, commerce, and intercourse among states, but such bills require prior Presidential sanction and are not mandatory to be reserved for consideration if the sanction was not obtained.
• Directive Principles of State Policy (DPSPs) under Part IV do not require mandatory Presidential consideration even if a Bill proposes to implement them.

Additional Information

• Article 288
  • It provides an exemption from taxation by States in respect of water or electricity in certain cases.
  • Any law that seeks to modify the provisions of Article 288 must be reserved for the President's consideration.
• Article 304
  • It deals with the power of State Legislatures to impose restrictions on trade, commerce, and intercourse among states.
  • While such bills require prior Presidential sanction, they do not necessarily need to be reserved for the President's consideration.
• Directive Principles of State Policy (DPSPs)
  • These are guidelines for the framing of laws by the government and are not justiciable.
  • Bills that aim to give effect to DPSPs do not require mandatory Presidential consideration.
• Concurrent List
  • This list includes subjects on which both the central and state governments can legislate.
  • In case of repugnancy, the Union law prevails, and such state bills may be reserved for the President's consideration, but it is not mandatory.