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

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Q: 70 (IAS/2016)
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

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,167,112,19,30,63,167

keywords: 

{'rajya sabha': [50, 3, 22, 40], 'lok sabha': [42, 3, 20, 27], 'parliament': [15, 1, 3, 8], 'simple majority': [1, 0, 2, 6], 'india': [8, 1, 7, 13], 'majority': [8, 3, 4, 5], 'voting': [2, 2, 5, 6], 'power': [24, 3, 21, 61], 'national interest': [0, 0, 2, 1], 'total membership': [1, 0, 0, 1]}

The Parliament of India can legislate on any item in the State List if the Rajya Sabha passes a resolution to that effect by a majority of not less than two-thirds of its members present and voting. This is provided under Article 249 of the Constitution. Let`s break down the options:

Option 1 and 2 both discuss Lok Sabha, which is incorrect. The power to make this resolution lies with the Rajya Sabha.

Option 3 suggests a simple majority of the total membership of the Rajya Sabha, this is not accurate because Article 249 stipulates a majority of at least two-thirds of the members present and voting, rather than a simple majority of total members.

Option 4 is the correct answer, because it precisely reflects the Article 249 of the Indian Constitution, specifying the Rajya Sabha and the requirement of a two-thirds majority of the members present and voting.

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