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Q48 (IAS/2006) Polity & Governance › Federalism & Emergency Provisions › Rajya Sabha special powers Answer Verified

Consider the following statements: I. The Rajya Sabha alone has the power to declare that it would be in national interest for the Parliament to legislature with respect to a matter in the State List. II. Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha. Which of the statements given above is/are correct?

Result
Your answer: —  Â·  Correct: A
Explanation

Statement I is correct. Under Article 249 the Rajya Sabha alone can pass a resolution declaring it necessary in the national interest that Parliament legislate on a matter in the State List; this resolution (by a special majority) enables Parliament to legislate on that State subject (internal constitutional knowledge). Statement II is incorrect. Resolutions approving proclamations of emergency or President's Rule can be passed by either House of Parliament by a simple majority, not only by the Lok Sabha [1]. Further, in specific situations (for example when the Lok Sabha has been dissolved) a proclamation may remain effective if approved by the Rajya Sabha alone, highlighting that both Houses have approving power [2].

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 179
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 261
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