Question map
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
Explanation
The Constitution confers power on Parliament to legislate with respect to a matter enumerated in the State List upon the Rajya Sabha passing a resolution by two-thirds[1] majority.[2] Parliament can assume such legislative power with respect to a State subject only if the Council of States declares, by a resolution supported by not less than two-thirds of its members present and voting, that it is necessary or expedient.[3] This provision allows Parliament to extend its legislative competence to State List matters without amending the Constitution. Notably, this can be done when there is no emergency of any kind.[4] Options A and B are incorrect because the resolution must be passed by the Rajya Sabha (Council of States), not the Lok Sabha. Option C is incorrect because a simple majority is insufficient; the requirement is 2/3rd of the Members present and voting.[6]
Sources- [1] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
- [2] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Role_Parliamentary_Democracy.pdf
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- [5] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
- [6] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/Journey_1952.pdf
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Sitter' from standard Polity texts (Laxmikanth/D.D. Basu). It tests the specific 'Federal Safety Valve' mechanism. If you missed this, your static core is weak. The question demands precision on two variables: the specific House (Rajya Sabha) and the specific Majority (2/3rd Present & Voting).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Does the Parliament of India acquire power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the Lok Sabha by a simple majority of its total membership?
- Statement 2: Does the Parliament of India acquire power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the Lok Sabha by a majority of not less than two-thirds of its total membership?
- Statement 3: Does the Parliament of India acquire power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the Rajya Sabha by a simple majority of its total membership?
- Statement 4: Does the Parliament of India acquire power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the Rajya Sabha by a majority of not less than two-thirds of its members present and voting?
- Explicitly states Article 249 requires the Rajya Sabha (not Lok Sabha) to pass a resolution by a two-thirds majority to empower Parliament to legislate on State List matters.
- Directly contradicts the claim that a simple majority in the Lok Sabha is sufficient.
- States the two-thirds of members present and voting requirement to empower Parliament to legislate on State List entries.
- Notes that Rajya Sabha has adopted such two-thirds resolutions historically, reinforcing that the Rajya Sabha (not Lok Sabha) plays this role.
States that Parliament is empowered to legislate on State List subjects if the Rajya Sabha passes a resolution in the national interest (extends Parliament's competence without constitutional amendment).
A student can note the decisive role of Rajya Sabha (not Lok Sabha) and check whether the Constitution assigns this power specifically to Rajya Sabha resolutions.
Lists 'When Rajya Sabha Passes a Resolution' as one of the extraordinary circumstances enabling Parliament to legislate on State List matters in national interest (explicitly names Rajya Sabha).
Use this to infer that the relevant house is Rajya Sabha, so verify whether a Lok Sabha resolution would suffice.
Enumerates the specific constitutional topic 'Power of Parliament to legislate with respect to a matter in the State List in the national interest' (this corresponds to Article 249).
A student can link this entry to the constitutional article to check the text and prescribed majority/house for such resolutions.
Explains that Parliament can assume legislative power with respect to a State subject only if the Council of States (Rajya Sabha) declares by a resolution supported by not less than two-thirds of members present and voting (shows a two‑thirds requirement for certain Rajya Sabha resolutions).
One can extend this pattern to suspect that the national-interest resolution may require Rajya Sabha and a special majority rather than a simple Lok Sabha majority—so check Article 249's exact majority rule.
Describes that certain parliamentary resolutions (e.g., approving a proclamation of emergency) must be passed by a special majority (majority of total membership + two‑thirds of members present and voting), contrasting previous simple-majority rules.
Use this as an example that different constitutional powers attach different majority thresholds; thus, test whether the national-interest State List power has a special-majority requirement rather than simple majority by the Lok Sabha.
- Explicitly states that Parliament can legislate on State List matters only after the Rajya Sabha passes the requisite resolution.
- Specifies the required majority as 'not less than two-thirds of the Members present and voting' — not the Lok Sabha nor 'total membership'.
- States the legal effect: if such a resolution is adopted, Parliament will be authorised to make laws on the subject specified.
- Confirms that adoption of the special resolution authorises Parliament to legislate for whole or part of India, supporting that the resolution (per other passages) must come from Rajya Sabha.
States that Parliament can legislate on State List subjects if the Rajya Sabha (not Lok Sabha) passes a resolution in the national interest; shows which House is empowered.
A student could contrast this wording with the statement's claim about the Lok Sabha to suspect a mismatch and check the constitutional article (Article 249) for the correct house.
Says Parliament can assume power over State subjects only if the Council of States declares by a resolution supported by not less than two-thirds of its members present and voting.
One could use this to test the statement by noting the required House (Council of States = Rajya Sabha) and the majority type (two‑thirds of members present and voting) and compare with the statement's majority formulation.
Lists as an exclusive power of the Rajya Sabha the authorisation to Parliament to make law on a State List subject (Article 249).
A student can extend this by verifying which chamber is 'Rajya Sabha' and thereby challenge any claim that the Lok Sabha alone can pass such a resolution.
Explains that Parliament may legislate on State List matters when Rajya Sabha declares it necessary in national interest (gives context of extraordinary circumstances).
Use this pattern to infer that the procedural trigger is a Rajya Sabha resolution, so replacing Rajya Sabha with Lok Sabha in the statement likely alters correctness.
Describes a different constitutional context where a special majority (majority of total membership plus two-thirds of members present and voting) is required for emergency resolutions — illustrating variations in required majorities and houses.
A student could use this to note that different provisions specify different majority formulas and houses, so they should check which majority the State‑List authorization requires versus emergency provisions.
- Explicitly states the Rajya Sabha must pass a resolution by a two-thirds majority to empower Parliament to legislate on State List matters.
- Directly contradicts the notion that a simple majority of total membership is sufficient.
- States the requirement as '2/3rd of the Members present and voting' to empower Parliament to legislate on State List matters.
- Shows historical instances where such two-thirds resolutions were adopted, reinforcing that two-thirds is the constitutional threshold.
- Specifies Parliament can legislate on State List matters only after Rajya Sabha passes a resolution by 'a majority of not less than two-thirds of the Members present and voting'.
- Reinforces that the threshold is a qualified (two-thirds) majority, not a simple majority of total membership.
States that Parliament is 'empowered to legislate on any subject of the State List if the Rajya Sabha passes a resolution to that effect in the national interest' — identifies the Rajya Sabha-resolution route as a constitutional mechanism.
A student can use this rule and then check the constitutional text or authoritative sources to see what majority (simple/special/total membership) the provision specifies.
Lists the Rajya Sabha resolution as one of the five 'extraordinary circumstances' under which Parliament may legislate on State List matters, tying the mechanism to a specific category.
One can combine this pattern with knowledge of the other four circumstances and compare procedural requirements to infer whether the Rajya Sabha route typically requires an ordinary or enhanced majority.
Explains that Parliament can legislate on State List subjects under five 'abnormal circumstances' and explicitly names '(a) when Rajya Sabha passes a resolution to that effect' — corroborates the mechanism across chapters.
A student could cross-reference this repeated listing with the exact constitutional article(s) or authoritative commentary to determine the precise voting threshold required.
Shows that for some parliamentary approvals (proclamations of emergency) the Constitution specifies a 'special majority' (majority of total membership plus two‑thirds of members present and voting), illustrating that different types of resolutions may carry different majority rules.
Using this pattern, a student can reason that the specific majority for the Rajya Sabha 'national interest' resolution is not a foregone simple majority and must be checked against the relevant constitutional provision or amendment history.
Characterises Rajya Sabha as the institutional protector of states' interests and notes that Union Parliament needs Rajya Sabha approval to move State List matters to Union/Concurrent lists — indicating the political importance and likely procedural safeguards surrounding such approvals.
A student can use this to suspect that the framers intended a meaningful procedural requirement (possibly more than a mere simple majority) and should verify the exact voting rule in the Constitution or authoritative commentaries.
- Explicitly states Parliament can assume legislative power over a State subject only if the Council of States (Rajya Sabha) declares it necessary or expedient by a resolution.
- Specifies the resolution must be supported by not less than two‑thirds of the members present and voting — matching the majority threshold in the statement.
- Directly affirms that Parliament is empowered to legislate on any subject of the State List if Rajya Sabha passes a resolution in the national interest.
- Makes clear this extension of Parliament's competence can occur without a constitutional amendment and even in absence of an emergency.
- Reiterates that when Rajya Sabha declares a matter in the national interest, Parliament becomes competent to make laws on that State List matter.
- Places this mechanism among the extraordinary circumstances under which the normal distribution of legislative powers is modified.
- [THE VERDICT]: Sitter. Direct lift from Laxmikanth Chapter 'Parliament' (Special Powers of Rajya Sabha) or 'Centre-State Relations'.
- [THE CONCEPTUAL TRIGGER]: 'Unitary Bias' in Indian Federalism. When can the Centre encroach on the State List? (Arts. 249, 250, 252, 253).
- [THE HORIZONTAL EXPANSION]: Memorize the 'Federal Encroachment' toolkit: Art 249 (National Interest, RS 2/3 P&V), Art 250 (Emergency, Auto), Art 252 (Consent of 2+ States), Art 253 (International Treaty). Also, note the duration: Art 249 resolution lasts 1 year; law dies 6 months after resolution expires.
- [THE STRATEGIC METACOGNITION]: Stop reading 'Special Majority' as a single phrase. Always break it into: (1) Numerator (2/3 vs 50%), (2) Denominator (Total Membership vs Present & Voting), and (3) Originating House.
Multiple references (e.g., list of relevant articles and chapter notes) point to a constitutional provision empowering Parliament to legislate on State List matters in the national interest.
This is a high‑yield provision for UPSC polity questions because it explains an exception to the distribution of legislative powers and is repeatedly tested. It connects directly to Articles governing Centre–State legislative relations and to questions about when Union law can override State competence. Study the text, related articles, and landmark uses; practice by applying it to factual scenarios.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
The evidence explicitly attributes the power-triggering resolution to the Rajya Sabha (Council of States), not the Lok Sabha.
UPSC often tests which House triggers special powers (Rajya Sabha v. Lok Sabha). Mastering this distinction helps answer questions on legislative competency, federal balance, and Articles like 249. Revision tip: memorize which exceptional powers require Rajya Sabha resolutions and contrast with ordinary law‑making procedures.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
One reference specifies the precise voting requirement — a resolution by the Council of States supported by not less than two‑thirds of members present and voting — indicating the threshold is not a simple majority of Lok Sabha total membership.
Questions frequently hinge on exact majority thresholds (simple vs special vs two‑thirds). Knowing the required majority for Article‑249 style resolutions prevents confusing them with emergency or ordinary majorities. Prepare by tabulating majority types for different constitutional actions and practicing recall under timed conditions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 175
Multiple references state that Parliament's competence to legislate on State List matters in the national interest arises when the Rajya Sabha (Council of States) passes an enabling resolution (Article 249).
High-yield constitutional provision frequently tested under Centre–State relations and legislative powers. Candidates must remember which House (Rajya Sabha) and the Article number, since many questions hinge on house-specific powers. Learn by mapping Articles to the House powers and practising MCQs/case scenarios.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 260
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
Evidence explicitly lists Rajya Sabha's exclusive powers, including authorising Parliament to legislate on State List subjects — showing this is a Rajya Sabha power, not a Lok Sabha power.
Distinguishing exclusive powers of Rajya Sabha vs Lok Sabha is essential for answering questions on legislative competence, parliamentary procedure and federalism. Memorise the list of Rajya Sabha special powers and practise distinguishing them from Lok Sabha powers in one-line notes and quizzes.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 260
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
References specify the resolution must be supported by not less than two-thirds of members present and voting; other references define different special-majority formulas for emergency approvals.
Exam questions often hinge on exact majority thresholds (present & voting vs total membership). Master these distinctions (phraseology and contexts) to avoid common errors; use tabular summaries and practise recall under timed conditions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 175
Multiple references state that Parliament becomes competent to legislate on State List subjects if the Rajya Sabha passes a resolution in the national interest.
High-yield for UPSC: this is a recurring constitutional provision concerning Centre–State legislative powers and is often tested directly or via application. It connects to Articles and special legislative situations (e.g., national interest, GST). Learn the provision's existence, its purpose (protect states while enabling national action), and related exceptions. Use sourcewise consolidation (NCERT + standard polity texts) and practise application-based questions.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 14: Federal System > DB Parliament's Authority Over State List > p. 141
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Parliamentary Legislation in the State Field > p. 146
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > III Legislative Powers and Functions > p. 256
The 'Twin' of Article 249 is Article 312 (All India Services). It uses the EXACT same mechanism: Rajya Sabha resolution + 2/3rd Present & Voting. A likely future trap: Does the Art 249 resolution restrict the State Legislature from making laws on the same topic? (No, but Union law prevails in conflict).
Apply 'Federal Logic': The State List belongs to the States. The Rajya Sabha is the 'Council of States'. Therefore, the permission MUST come from the Rajya Sabha, not the Lok Sabha (Eliminate A & B). For a serious breach of federal division, a 'Simple Majority' is too weak (Eliminate C). Answer is D.
Mains GS-2 (Federalism): Use Article 249 as evidence of 'Strong Centre' or 'Quasi-Federalism'. It proves that the Rajya Sabha is the 'Chamber of Federal Safety'—without its consent, the Lok Sabha (representing the people) cannot override the State List (representing the units).