The Union made a rule, (covered in union list) applicable to all the states on an issue concerning environment protection.
Can the state amend the same?
Is the state empowered to do so?
Swami Sadashiva Brahmendra Sar (Nil) 20 February 2010
No. State has no power to make a law or amend the lw made by the union on a matter in union list.
Arvind Singh Chauhan (advocate) 20 February 2010
Yes state can amend, but it requires presidents assent.
RAMAKRISHNA (GOVT EMPLOYEE / LAW QUALIFIED) 21 February 2010
I am not agree with Mr. Arvind.
Because, If the matter / issue falls in Concurrent List, then he may be right.
But, in the instant case, it was clearly mentioned that the issue is in Union list.
So, i hope, his views are may not be correct.
Thus, this answer needs reconsideration by the professional as i am an infant in the feild of law
(i.e, student of law).
Rekha..... ( Practicing lawyer(B.Com LL.M in Business law )) 21 February 2010
According to me V should understand the defination of the State( under Artcle 38 of our constitution and further appreciate the Article. 47 of our constitution.
Kiran Kumar (Lawyer) 22 February 2010
Since u r also a Law student, i would advice u to read Article 246 and 254 of the constitution of India.
espacially the doctrines mentioned in the interpretation will help u in understanding ur query....its a larger but an important issue....read the provisions then it will be easy for us to discuss the point with you.
Sanjeev Panda (Advocate) 04 March 2010
If matter falls under Union List, the state simply can not make amendment