Q. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC Prelims 2016)
Answer:
Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Notes: The correct answer is
[D] Rajya Sabha by a majority of not less than two-thirds of its members present and voting. This provision is enshrined in
Article 249 of the Indian Constitution, highlighting the federal balance of power.
- Article 249 (Statement D – Correct): If the Rajya Sabha declares, by a resolution supported by not less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, then Parliament becomes competent to legislate on that matter.
- Special Power of Rajya Sabha: As the Rajya Sabha represents the States in the Indian Union, the Constitution vests this specific power in it (rather than the Lok Sabha) to ensure that the Union does not arbitrarily encroach upon the legislative domain of the States without their indirect consent.
- Duration of the Resolution: A resolution passed under Article 249 remains in force for a period not exceeding one year. However, it can be renewed any number of times for a further period of one year each.
- Effect of the Law: The law passed by Parliament under this resolution ceases to have effect on the expiration of six months after the resolution has ceased to be in force.
- Other Articles for Parliament's Power over State List: * Article 250: Power to legislate during a Proclamation of Emergency.
- Article 252: Power to legislate for two or more States by their consent.
- Article 253: Power to legislate for giving effect to international agreements.